EU Non-Discrimination Law in the Courts

Approaches to Sex and Sexualities Discrimination in EU Law

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Author: Jule Mulder

Publisher: Bloomsbury Publishing

ISBN: 1509906231

Category: Law

Page: 344

View: 785

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.

Directions in Sexual Harassment Law

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Author: Catharine A. MacKinnon,Reva B. Siegel

Publisher: Yale University Press

ISBN: 9780300135305

Category: Law

Page: 752

View: 7601

div When it was published twenty-five years ago, Catharine MacKinnon’s pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century. /DIV

Perspectives for the Unification and Harmonisation of Family Law in Europe

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Author: Katharina Boele-Woelki

Publisher: Intersentia nv

ISBN: 9050952879

Category: Law

Page: 573

View: 5928

Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Social Law and Policy in an Evolving European Union

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Author: Jo Shaw

Publisher: Hart Publishing

ISBN: 1841131075

Category: Law

Page: 352

View: 2314

Social law and policy have been moving increasingly into the mainstream of European Union law and politics. This collection of essays addresses these issues against the backdrop of the debate over the nature and scope of EU social policy.

Tackling Multiple Discrimination

Practices, Policies and Laws

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Author: N.A

Publisher: N.A

ISBN: N.A

Category: Discrimination

Page: 70

View: 4304

Recoge: 1.Methodological approach to the study - 2. Literature review - 3. Exploring multiple discrimination from a legal perspective - 4. Exploring multiple discrimination - 5. Good practice - 6. Recommendations and suggestions.

European Union Non-Discrimination Law and Intersectionality

Investigating the Triangle of Racial, Gender and Disability Discrimination

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Author: Anna Lawson

Publisher: Routledge

ISBN: 1317139208

Category: Law

Page: 340

View: 1223

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.

Homosexuality and the European Court of Human Rights

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Author: Paul Johnson

Publisher: Routledge

ISBN: 1136218971

Category: Law

Page: 272

View: 6703

Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

Protection of Sexual Minorities since Stonewall

Progress and Stalemate in Developed and Developing Countries

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Author: Phil C.W. Chan

Publisher: Routledge

ISBN: 1317997115

Category: Law

Page: 392

View: 1342

The Stonewall Riot in New York in 1969 marked the birth of the sexual minority rights movement worldwide. In the subsequent four decades, equality and related rights on grounds of sexual orientation and gender identity have been enshrined in many African, Asian, Australasian, European and North American countries, thanks to better informed discourses of the natures of sexual orientation, gender identity, equality and rights that systematic scientific and socio-legal research has generated. Discrimination, harassment and persecution on grounds of a person’s sexual orientation or gender identity, however, continue to pervade the laws and social norms in all developed and developing countries. In tribute to the courage of those who participated in the Stonewall Riot, this book examines the progress and stalemate in various countries on five continents, as well as in the development of international law, concerning the rights of persons belonging to sexual minorities. This book covers issues including homophobic bullying and gay–straight alliances in schools; the merits and problems that legislation prohibiting hate speech on grounds of sexual orientation presents; criminal justice systems in relation to male rape victims and to criminalisation of HIV exposure and transmission; the development of sexual minority rights, from historical and socio-legal perspectives, in Hong Kong, Japan, Singapore, and Zimbabwe; the lives of transgender persons in Asian countries; the evolution, operation and impact of international and domestic refugee laws on sexual orientation and gender identity as grounds for refugee status and asylum; and the conflicts between law, religion and sexual minority equality rights that inhere in the same-sex marriage debate in Ireland. This book was previously published as a special double issue of The International Journal of Human Rights.

Sexual Health, Human Rights and the Law

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Author: World Health Organization

Publisher: N.A

ISBN: 9789241564984

Category: Medical

Page: 72

View: 849

This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.

An introduction to law and social theory

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Author: Reza Banakar,Max Travers

Publisher: Hart Pub

ISBN: N.A

Category: Law

Page: 367

View: 3357

Although most law schools recognise the value of introducing students to a broader sociological perspective on law, this usually falls short of a full engagement with sociology as an academic discipline. This book introduces a wide range of sociological traditions, and how they can be used in investigating law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, structural functionalism and systems theory, critical approaches, interpretive approaches, postmodernism, and pluralism and globalisation, and a conclusion that discusses the relationship between law and sociology. Each of the chapters is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. CONTENTS: Introduction (Reza Banakar and Max Travers) 1. CLASSICAL SOCIOLOGY AND LAW: The Problematization of Law in Classical Social Theory (Alan Hunt); Sociological Jurisprudence (Reza Banakar) 2. STRUCTURAL FUNCTIONALISM AND SYSTEMS THEORY: The Thick Description of Law: An Introduction to Niklas Luhmann's Theory (Klaus A. Ziegert); Jurgen Habermas and the Sociology of Law (Bo Carlsson) 3. CRITICAL APPROACHES: Marxism and the Social Theory of Law (Robert Fine); Sharing the Paradigms? CLS and the Sociology of Law (Jiri Priban), Feminist Legal Theory (Ruth Fletcher); A Race and Gendered Organisational Logic in Law Firms (Jennifer Pierce); Putting Gender and Sexuality on the Agenda (Nico J Beger); The Power of the Legal Field (Mikael R. Madsen and Yves Dezalay) 4. INTERPRETIVE APPROACHES: Symbolic Interactionism and Law (Max Travers); Ethnomethodology and Law (Robert Dingwall) 5. POSTMODERNISM: Foucault and Law (Gary Wickham); Postmodernism and Common Law (Shaun McVeigh) 6. LEGAL PLURALISM (Anne Griffiths); Globalistion and Law (John Flood); Comparative Sociology of Law (David Nelken) CONCLUSIONS: Law and Sociology (Reza Banakar and Max Travers).

Rethinking the Man Question

Sex, Gender and Violence in International Relations

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Author: Jane L. Parpart,Doctor Marysia Zalewski

Publisher: Zed Books Ltd.

ISBN: 1848137729

Category: Political Science

Page: 234

View: 6877

The reality of international relations and its academic study are still almost entirely constituted by men. Rethinking the Man Question is a crucial investigation and reinvigoration of debates about gender and international relations. Following on from the seminal The Man Question in International Relations this book looks at the increasingly violent and 'toxic' nature of world politics post 9/11. Contributors including Raewyn Connell, Kimberley Hutchings, Cynthia Enloe, Kevin Dunn and Sandra Whitworth consider the diverse theoretical and practical implications of masculinity for international relations in the modern world. Covering theoretical issues including masculine theories of war, masculinity and the military, cyborg soldiers, post-traumatic stress disorder and white male privilege. The book also focuses on the ways in which masculinity configures world events from conscientious objection in South Africa to 'porno-nationalism' in India, from myths and heroes in Kosovo to the makings of Zimbabwe. This essential work will define the field for many years to come.

Fleeing Homophobia

Sexual Orientation, Gender Identity and Asylum

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Author: Thomas Spijkerboer

Publisher: Routledge

ISBN: 1134098421

Category: Law

Page: 264

View: 8312

Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

Governing Sexuality

The Changing Politics of Citizenship and Law Reform

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Author: Carl Franklin Stychin

Publisher: Hart Publishing

ISBN: 1841132675

Category: Law

Page: 162

View: 5545

Exploring issues of sexual citizenship and law reform in the UK and Continental Europe today, this book uses same-sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy, rights discourse, national identity, citizenship, transnationalism, and globalization.

The Health of Lesbian, Gay, Bisexual, and Transgender People

Building a Foundation for Better Understanding

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Author: Institute of Medicine,Board on the Health of Select Populations,Committee on Lesbian, Gay, Bisexual, and Transgender Health Issues and Research Gaps and Opportunities

Publisher: National Academies Press

ISBN: 0309210658

Category: Medical

Page: 366

View: 8412

At a time when lesbian, gay, bisexual, and transgender individuals--often referred to under the umbrella acronym LGBT--are becoming more visible in society and more socially acknowledged, clinicians and researchers are faced with incomplete information about their health status. While LGBT populations often are combined as a single entity for research and advocacy purposes, each is a distinct population group with its own specific health needs. Furthermore, the experiences of LGBT individuals are not uniform and are shaped by factors of race, ethnicity, socioeconomic status, geographical location, and age, any of which can have an effect on health-related concerns and needs. The Health of Lesbian, Gay, Bisexual, and Transgender People assesses the state of science on the health status of LGBT populations, identifies research gaps and opportunities, and outlines a research agenda for the National Institute of Health. The report examines the health status of these populations in three life stages: childhood and adolescence, early/middle adulthood, and later adulthood. At each life stage, the committee studied mental health, physical health, risks and protective factors, health services, and contextual influences. To advance understanding of the health needs of all LGBT individuals, the report finds that researchers need more data about the demographics of these populations, improved methods for collecting and analyzing data, and an increased participation of sexual and gender minorities in research. The Health of Lesbian, Gay, Bisexual, and Transgender People is a valuable resource for policymakers, federal agencies including the National Institute of Health (NIH), LGBT advocacy groups, clinicians, and service providers.

International Family Law

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Author: N.A

Publisher: N.A

ISBN: N.A

Category: Domestic relations (International law)

Page: N.A

View: 4196

Human Rights and Civil Practice

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Author: Leigh-Ann Mulcahy

Publisher: N.A

ISBN: N.A

Category: Civil law

Page: 991

View: 4455

Following the introduction of the Human Rights Act (1998), human rights principles will for the first time be applicable to commercial law in the UK. This work guides practitioners clearly through the implications, explaining both general principles and their day-to-day impact on specific areas of commercial law. It focuses on both the practical and theoretical issues arising from the Act and identifies arguments - both good and bad - which lawyers can expect to encounter in the early years of the Act's implementation. It explains the Act's impact on individual areas of practice - including competition, planning, tax, and employment law, and advises how to use human rights arguments in litigation.

The Margin of Appreciation

Interpretation and Discretion Under the European Convention on Human Rights

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Author: Steven C. Greer

Publisher: Council of Europe

ISBN: 9287143501

Category: Convention for the Protection of Human Rights and Fundamental Freedoms

Page: 58

View: 3456

The term 'margin of appreciation' has been used for some time to refer to the room for manoeuvre that the Strasbourg institutions are prepared to accord national authorities in fulfilling some of their principal obligations under the European Convention for Human Rights. This document proposes how the meaning of the term may be given greater clarity, coherence and consistency.