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The Development of Legal Instruments to Combat Racism in a Diverse Europe

The Development of Legal Instruments to Combat Racism in a Diverse Europe
Author: Jan Niessen
Publisher: Martinus Nijhoff Publishers
Total Pages: 338
Release: 2004-01-01
Genre: Law
ISBN: 900413686X

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Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.


Legal Instruments for Combating Racism on the Internet

Legal Instruments for Combating Racism on the Internet
Author: Institut suisse de droit comparé
Publisher: Council of Europe
Total Pages: 180
Release: 2009-01-01
Genre: Political Science
ISBN: 9789287165404

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Various national and international legal instruments punish hate speech. However, the specific nature of the Internet calls for the adoption of new strategies to combat hate speech promoting racism and violence, which is widely and swiftly disseminated on the web. As the Internet ignores territories and has no boundaries, states cannot control it effectively by unilateral national regulation; what is needed is increased international co-operation. Efforts to harmonise national legislation - including the Additional Protocol to the Council of Europe Convention on Cybercrime - have come up against a series of difficulties. One of these is the fact that there is no universally accepted definition of the illegal nature of racist speech, which can be protected by the right to freedom of expression. This book describes the situation in 10 Council of Europe member and observer, states and discusses the problems faced and solutions introduced by these countries, as well as by European and international organisations and civil society.


Racial Justice, Policies and Courts' Legal Reasoning in Europe

Racial Justice, Policies and Courts' Legal Reasoning in Europe
Author: María Elósegui
Publisher: Springer
Total Pages: 237
Release: 2017-04-08
Genre: Law
ISBN: 3319535803

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This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.


Racist Victimization

Racist Victimization
Author: Georgios Antonopoulos
Publisher: Routledge
Total Pages: 241
Release: 2016-04-08
Genre: Social Science
ISBN: 1317072030

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This book investigates the phenomenon of racist victimization in a number of countries, uncovering and analyzing its historical roots, its relation to the legal system in a particular national context, its extent and the response to it. Through the international comparative approach adopted and the broad geographical range of studies presented, including national settings which have so far been largely ignored by the literature on racist victimization, the volume offers a truly international perspective on an important social, political and academic issue. As such, Racist Victimization: International Reflections and Perspectives will constitute essential reading not only for sociologists and socio-legal scholars, but for anyone working in the field of race and ethnicity, crime and justice, criminology, victimology or policing.


Legislating Against Discrimination

Legislating Against Discrimination
Author: Dina Porat
Publisher: BRILL
Total Pages: 966
Release: 2005-07-01
Genre: Law
ISBN: 9047415396

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This unique volume offers a survey of legal and legislative means to combat racism, xenophobia, anti-semitism and other forms of related intolerance. Its aim is threefold: 1) to provide a legal model for fighting racism, xenophobia, anti-semitism and discrimination through domestic legislation; 2) to compare existing national legislation with international legal instruments designed to combat racial and other forms of discrimination, in order to bring domestic laws into line with international legal norms; 3) to provide a tool for researchers, legislators, human rights activists and all those who work to protect the rights of minorities and victims of incitement and discrimination, as well as for domestic and international institutions, which monitor compliance with these laws. The survey thus constitutes a major contribution to the study of racism and anti-semitism because it demonstrates how these phenomena can be fought through the medium of the law. The volume consists of two sections: the first, containing international conventions; the second, and main section, containing current constitutional law, specific legislation and ratification of international conventions in (over 200) individual states.


Racism and Equality in the European Union

Racism and Equality in the European Union
Author: Mark Bell
Publisher: Oxford University Press
Total Pages:
Release: 2009-01-08
Genre: Law
ISBN: 0191559326

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The European Union has committed itself to combating racism as a general objective of law and policy. EU legislation requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday life, including employment, education, healthcare, and housing. Alongside legislation requiring action at national level, the EU institutions have also made periodic commitments to 'mainstream' racial equality: taking anti-racism objectives into account within all areas of EU law and policy. This book analyses the extent to which the objectives of combating racism and promoting ethnic equality have been effectively mainstreamed throughout a wide range of EU policy fields. It begins by considering what combating racism means in the contemporary context of the enlarged EU. Bell explores what mainstreaming ethnic equality objectives entails, and whether the priorities and instruments differ from those adopted in the earlier mainstreaming of gender equality, or those used on other discrimination grounds. The second part of the book examines the extent to which EU law and policy objectives have, in practice, been integrated, exploring the effects in the key areas of employment, social inclusion (including education, health and housing), immigration, and criminal law.


From Slave Abuse to Hate Crime

From Slave Abuse to Hate Crime
Author: Ely Aaronson
Publisher:
Total Pages:
Release: 2014
Genre: African Americans
ISBN: 9781316149928

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"This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism"--