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Anti-Discrimination Law and the European Union

Mark Bell

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199244508
eISBN:
9780191697371
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244508.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

The 1999 Treaty of Amsterdam expanded significantly the legal competence of the European Union for combatting discrimination. Traditionally, EU law has concentrated on discrimination between women ... More


A Comparative and European Examination of National Institutions in the Field of Racism and Discrimination

Isabelle Rorive

in New Institutions for Human Rights Protection

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570546
eISBN:
9780191705496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570546.003.0006
Subject:
Law, Human Rights and Immigration

Broad EU anti-discrimination law has only recently developed, with the impetus given by the Treaty of Amsterdam. From an institutional point of view, it has had a major impact, resulting in the ... More


Age Discrimination in Law and Policy: How the Equal Treatment Directive Affects National Welfare States

Deborah Mabbett

in Promoting Solidarity in the European Union

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199583188
eISBN:
9780191594502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199583188.003.0010
Subject:
Law, Constitutional and Administrative Law, EU Law

This chapter examines how the European Court of Justice (ECJ) has navigated, or sometimes failed to navigate, a knotty problem in the application of equality laws. It discusses the ECJ's approach to ... More


Conversion Arguments: Antidiscrimination Law

N. Scott Arnold

in Imposing Values: Liberalism and Regulation

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195374964
eISBN:
9780199871490
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374964.003.0008
Subject:
Philosophy, Political Philosophy

This chapter discusses conversion arguments for and against anti-discrimination law in all of its guises. Specifically, it discusses Title VII of the 1964 Civil Rights Act, which prohibits employment ... More


Engineering Equality: An Essay on European Anti-Discrimination Law

Alexander Somek

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693375
eISBN:
9780191729737
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693375.001.0001
Subject:
Law, Philosophy of Law, EU Law

Anti-discrimination law increasingly appears to occupy the centre of a renewed understanding of solidarity in the European Union. Not only is it, owing to its focus on equal treatment as regards ... More


Reconciling Diverse Legal Traditions: Anti-Discrimination Law in the Member States

Mark Bell

in Anti-Discrimination Law and the European Union

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199244508
eISBN:
9780191697371
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244508.003.0007
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines the appropriate role of the European Union (EU) in anti-discrimination law. It provides an overview of existing national legislation, philosophies, policies, and traditions that ... More


Discrimination Law and the Human Rights Act 1998 *

Aileen McColgan

in Sceptical Essays on Human Rights

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199246687
eISBN:
9780191714603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246687.003.0012
Subject:
Law, Human Rights and Immigration

The Human Rights Act 1998 incorporates into British Law Article 14 of the European Convention on Human Rights (ECHR), which provides that ‘the enjoyment of the rights and freedoms set forth in this ... More


Direct Discrimination

Alexander Somek

in Engineering Equality: An Essay on European Anti-Discrimination Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693375
eISBN:
9780191729737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693375.003.0005
Subject:
Law, Philosophy of Law, EU Law

The most appealing explanation of anti-discrimination law recognises the priority of this redistributive dimension. Hence, counteracting what is called ‘systemic discrimination’ must appear to be its ... More


Beyond Inclusion

Alexander Somek

in Engineering Equality: An Essay on European Anti-Discrimination Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693375
eISBN:
9780191729737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693375.003.0009
Subject:
Law, Philosophy of Law, EU Law

Accommodation requirements do not represent one more element in the deontological tool-box of anti-discrimination law. Rather, they represent the law’s very own means of drawing out its innermost ... More


International and European Norms Regarding National Legal Remedies for Racial Inequality

CHRISTOPHER McCRUDDEN

in Discrimination and Human Rights: The Case of Racism

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199246038
eISBN:
9780191697531
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199246038.003.0008
Subject:
Law, Human Rights and Immigration

This chapter considers how far there are international or European legal norms that require, or recommend to, national authorities particular approaches to racial discrimination. It considers what ... More


Emerging Rights of Social Citizenship? Discrimination on Grounds of Nationality and Gender

Mark Bell

in Anti-Discrimination Law and the European Union

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199244508
eISBN:
9780191697371
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244508.003.0003
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines the European Union's (EU) anti-discrimination law in light of the emergence of alternative models of social policy. The EU law covers discrimination on grounds of nationality ... More


Moral Re-engineering: the Neoliberal Predicament

Alexander Somek

in Engineering Equality: An Essay on European Anti-Discrimination Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693375
eISBN:
9780191729737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693375.003.0008
Subject:
Law, Philosophy of Law, EU Law

The final truth about anti-discrimination law comes to the fore in what can be called its neoliberal predicament. It is manifest in attempts to defeat the normative deficiency without transcending ... More


The Transformation of EU Anti-Discrimination Law

Mark Bell

in Anti-Discrimination Law and the European Union

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199244508
eISBN:
9780191697371
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244508.003.0008
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines the changes in European Union (EU) anti-discrimination law and its position within the theoretical framework of European social policy. It identifies the factors that may ... More


Walking in the Same Direction? The Contribution of the European Social Charter and the European Union to Combating Discrimination

Mark Bell

in Social Rights in Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.003.0013
Subject:
Law, EU Law

This chapter compares three principal themes in the discrimination law of the Union and that flowing from the Charter. First, the concepts of equality and discrimination underpinning the law are ... More


Concrete or Abstract Conceptions of Discrimination?

George Rutherglen

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0007
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter begins by discussing how prohibitions against discrimination never appear in isolation, but only as part of a surrounding legal structure that gives them form and meaning. It then ... More


Prelude to a Theory of Discrimination Law

Tarunabh Khaitan

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0008
Subject:
Law, Philosophy of Law, Human Rights and Immigration

George Rutherglen's contribution to this volume poses a thought-provoking challenge to anyone thinking about the theory of discrimination law. This chapter offers some thoughts inspired by ... More


Introduction: Anti-Discrimination Law’s Fit into Civil Law Jurisdictions and the Factors Influencing it

Barbara Havelková and Mathias Möschel

in Anti-Discrimination Law in Civil Law Jurisdictions

Published in print:
2019
Published Online:
February 2020
ISBN:
9780198853138
eISBN:
9780191887451
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853138.003.0001
Subject:
Law, Human Rights and Immigration

The Introduction draws together the chapters’ findings in relation to the two research questions which have animated the project. The first question asked how anti-discrimination law fares in civil ... More


Exploring Article 13 EC

Mark Bell

in Anti-Discrimination Law and the European Union

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199244508
eISBN:
9780191697371
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244508.003.0006
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines the character and legal scope of the European Union (EU) Article 13 Directive on Race or anti-discrimination law. It analyses the ability of this directive to provide a ... More


The Project: Realizing Intersectionality in Discrimination Law

Shreya Atrey

in Intersectional Discrimination

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198848950
eISBN:
9780191883286
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198848950.003.0002
Subject:
Law, Human Rights and Immigration

Chapter 1 inaugurates the project by setting out the current status of intersectionality in discrimination laws across jurisdictions, including the US, UK, South Africa, Canada, and India, and in the ... More


How Parliament’s language affects individual rights

Matthew Williams

in How Language Works in Politics: The Impact of Vague Legislation on Policy

Published in print:
2018
Published Online:
January 2019
ISBN:
9781529200201
eISBN:
9781529200225
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781529200201.003.0006
Subject:
Political Science, Political Theory

This chapter examines how Parliament's use of language affects individual rights. Focusing on cases pertaining to the Race Relations Act 1976 (Amendment) Regulations 2003 and the Employment Equality ... More


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