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European Union Non-Discrimination Law and Intersectionality

European Union Non-Discrimination Law and Intersectionality
Author: Anna Lawson
Publisher: Routledge
Total Pages: 340
Release: 2016-07-22
Genre: Law
ISBN: 1317139216

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This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.


European Union Non-discrimination Law and Intersectionality

European Union Non-discrimination Law and Intersectionality
Author: Dagmar Schiek
Publisher: Ashgate Publishing Company
Total Pages: 329
Release: 2011
Genre: Law
ISBN: 9780754679806

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The book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The work provides coherent coverage of the legal dimension of intersectionality in the EU's non-discrimination regime. It will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.


European Union Non-Discrimination Law

European Union Non-Discrimination Law
Author: Dagmar Schiek
Publisher: Routledge
Total Pages: 623
Release: 2009-06-02
Genre: Law
ISBN: 1134049315

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EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.


Institutionalizing Intersectionality

Institutionalizing Intersectionality
Author: A. Krizsan
Publisher: Springer
Total Pages: 254
Release: 2012-07-31
Genre: Social Science
ISBN: 1137031069

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An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.


Beyond the 'Master's Tools'

Beyond the 'Master's Tools'
Author: Raphaële Xenidis
Publisher:
Total Pages: 394
Release: 2020
Genre: Discrimination
ISBN:

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EU Anti-Discrimination Law Beyond Gender

EU Anti-Discrimination Law Beyond Gender
Author: Uladzislau Belavusau
Publisher: Bloomsbury Publishing
Total Pages: 392
Release: 2018-11-15
Genre: Law
ISBN: 1509915001

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The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.


EU Anti-Discrimination Law

EU Anti-Discrimination Law
Author: Evelyn Ellis
Publisher: Oxford University Press, USA
Total Pages: 570
Release: 2012-11-29
Genre: Law
ISBN: 0199698465

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Professor Evelyn Ellis provides an analytical and critical examination of the EU law forbidding discrimination, and explores the theoretical and philosophical underpinnings of the law.


Bridging the Gap

Bridging the Gap
Author:
Publisher:
Total Pages: 43
Release: 2012
Genre:
ISBN:

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EU Non-Discrimination Law in the Courts

EU Non-Discrimination Law in the Courts
Author: Jule Mulder
Publisher: Bloomsbury Publishing
Total Pages: 345
Release: 2017-01-12
Genre: Law
ISBN: 1509906215

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Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.


Equal in Law, Unequal in Fact

Equal in Law, Unequal in Fact
Author: Timo Makkonen
Publisher: Martinus Nijhoff Publishers
Total Pages: 454
Release: 2012-01-06
Genre: Law
ISBN: 9004217061

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An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.