Leah F. Vosko
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199574810
- eISBN:
- 9780191722080
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574810.003.0006
- Subject:
- Business and Management, Political Economy, HRM / IR
This chapter analyses contemporary regulations addressing precariousness in forms of employment diverging from the SER's central pillar of continuous employment. The analysis centres on the 1999 EU ...
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This chapter analyses contemporary regulations addressing precariousness in forms of employment diverging from the SER's central pillar of continuous employment. The analysis centres on the 1999 EU Directive on Fixed‐Term Work, which subscribes to equal treatment, and the 2008 EU Directive on Temporary Agency Work, qualifying equal treatment, and efforts to regulate both types of temporary employment in the EU 15. It shows that while SER‐centric approaches extend some protections and benefits to fixed‐term workers, lesser protections apply to temporary agency workers. In many member states, these workers, especially migrant workers and women, tend to be especially precarious since they lack both an open‐ended and bilateral employment relationship.Less
This chapter analyses contemporary regulations addressing precariousness in forms of employment diverging from the SER's central pillar of continuous employment. The analysis centres on the 1999 EU Directive on Fixed‐Term Work, which subscribes to equal treatment, and the 2008 EU Directive on Temporary Agency Work, qualifying equal treatment, and efforts to regulate both types of temporary employment in the EU 15. It shows that while SER‐centric approaches extend some protections and benefits to fixed‐term workers, lesser protections apply to temporary agency workers. In many member states, these workers, especially migrant workers and women, tend to be especially precarious since they lack both an open‐ended and bilateral employment relationship.
David Miller
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199235056
- eISBN:
- 9780191715792
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199235056.003.0002
- Subject:
- Political Science, Russian Politics
This chapter discusses the concept of cosmopolitanism. It begins by drawing a distinction between moral and political versions of cosmopolitanism. It then focuses on moral cosmopolitanism and its ...
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This chapter discusses the concept of cosmopolitanism. It begins by drawing a distinction between moral and political versions of cosmopolitanism. It then focuses on moral cosmopolitanism and its implications for global justice. It distinguishes between weak and strong versions of moral cosmopolitanism, where weak cosmopolitanism requires us to show equal moral concern for human beings everywhere, while strong cosmopolitanism goes beyond this to demand that we should afford them equal treatment, in a substantive sense. The chapter shows that strong cosmopolitanism is not entailed by weak cosmopolitanism; but it has not shown what exactly is wrong with strong cosmopolitanism, other than that it conflicts with an intuitively plausible picture of agents' responsibilities. Thus, it would still be possible for someone to present an independent argument to the effect that justice requires a strong form of equality at global level, and that our understanding of special responsibilities therefore needs to be reshaped to become consistent with such a requirement.Less
This chapter discusses the concept of cosmopolitanism. It begins by drawing a distinction between moral and political versions of cosmopolitanism. It then focuses on moral cosmopolitanism and its implications for global justice. It distinguishes between weak and strong versions of moral cosmopolitanism, where weak cosmopolitanism requires us to show equal moral concern for human beings everywhere, while strong cosmopolitanism goes beyond this to demand that we should afford them equal treatment, in a substantive sense. The chapter shows that strong cosmopolitanism is not entailed by weak cosmopolitanism; but it has not shown what exactly is wrong with strong cosmopolitanism, other than that it conflicts with an intuitively plausible picture of agents' responsibilities. Thus, it would still be possible for someone to present an independent argument to the effect that justice requires a strong form of equality at global level, and that our understanding of special responsibilities therefore needs to be reshaped to become consistent with such a requirement.
George P. Fletcher
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195156287
- eISBN:
- 9780199872169
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195156285.003.0006
- Subject:
- Political Science, American Politics
This chapter examines the myriad shadings of the concept of equality. The author discusses the origins and philosophical underpinnings of the phrase, “all men are created equal,” Immanuel Kant's ...
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This chapter examines the myriad shadings of the concept of equality. The author discusses the origins and philosophical underpinnings of the phrase, “all men are created equal,” Immanuel Kant's concept of human dignity, and the impact of religion and nationalism on the theory of equality found in the Fourteenth Amendment. Special attention is paid to Charles Black's alternative reading of the Amendment's emphasis on citizenship as the requisite for equal treatment under the law.Less
This chapter examines the myriad shadings of the concept of equality. The author discusses the origins and philosophical underpinnings of the phrase, “all men are created equal,” Immanuel Kant's concept of human dignity, and the impact of religion and nationalism on the theory of equality found in the Fourteenth Amendment. Special attention is paid to Charles Black's alternative reading of the Amendment's emphasis on citizenship as the requisite for equal treatment under the law.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0016
- Subject:
- Law, Public International Law, EU Law
This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they ...
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This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they apply to procurement linkages, paying particular attention to the procurement directives adopted in 2003. Topics covered include EU status equality law, procurement law, equal treatment in Community law, freedom of contract, and limits of procurement directives.Less
This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they apply to procurement linkages, paying particular attention to the procurement directives adopted in 2003. Topics covered include EU status equality law, procurement law, equal treatment in Community law, freedom of contract, and limits of procurement directives.
Steffen Hindelang
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199572656
- eISBN:
- 9780191705540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572656.003.0005
- Subject:
- Law, EU Law
This chapter maps the scope of the ‘prohibition of restriction’ enshrined in Article 56 (1) EC — falling into two tests, the non-hindrance and the non-discrimination tests — in both intra-Community ...
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This chapter maps the scope of the ‘prohibition of restriction’ enshrined in Article 56 (1) EC — falling into two tests, the non-hindrance and the non-discrimination tests — in both intra-Community and third-country contexts. First, the operation of the non-hindrance and non-discrimination tests in an intra-Community context is analyzed. With respect to the ‘non-hindrance’ test this chapter in particular addresses the issue of whether and to what extent the doctrinal concepts developed by the Court in the context of other freedoms can be translated into the ambit of free movement of capital. Turning to the ‘non-discrimination test’, although Article 56 (1) EC does not explicitly mention the ‘prohibition of discrimination’, this omission is not to be understood as saying that within the ambit of free movement of capital, discriminatory conduct would not in principle be prohibited. In the second part of the discussion, the chapter assesses whether the construction set forth for an intra-Community context needs to be revised when it comes to third country capital movement. The discussion largely evolves around two points. First, the persuasiveness of teleological considerations based on the argument that free capital movement in a third-country context allegedly serves the Treaty aims to a lesser extent than it does in an intra-Community context is critically reviewed. Secondly, within the context of the non-discrimination test, the question of ‘comparability’ in principle of domestic/intra-Community and third country direct investment is examined.Less
This chapter maps the scope of the ‘prohibition of restriction’ enshrined in Article 56 (1) EC — falling into two tests, the non-hindrance and the non-discrimination tests — in both intra-Community and third-country contexts. First, the operation of the non-hindrance and non-discrimination tests in an intra-Community context is analyzed. With respect to the ‘non-hindrance’ test this chapter in particular addresses the issue of whether and to what extent the doctrinal concepts developed by the Court in the context of other freedoms can be translated into the ambit of free movement of capital. Turning to the ‘non-discrimination test’, although Article 56 (1) EC does not explicitly mention the ‘prohibition of discrimination’, this omission is not to be understood as saying that within the ambit of free movement of capital, discriminatory conduct would not in principle be prohibited. In the second part of the discussion, the chapter assesses whether the construction set forth for an intra-Community context needs to be revised when it comes to third country capital movement. The discussion largely evolves around two points. First, the persuasiveness of teleological considerations based on the argument that free capital movement in a third-country context allegedly serves the Treaty aims to a lesser extent than it does in an intra-Community context is critically reviewed. Secondly, within the context of the non-discrimination test, the question of ‘comparability’ in principle of domestic/intra-Community and third country direct investment is examined.
Geir B. Asheim
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199692873
- eISBN:
- 9780191738371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199692873.003.0008
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter asks whether equal treatment of generations is compatible with social discounting. It presents the rank‐discounted utilitarian criterion, proposed by Stéphane Zuber and analysed in Zuber ...
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This chapter asks whether equal treatment of generations is compatible with social discounting. It presents the rank‐discounted utilitarian criterion, proposed by Stéphane Zuber and analysed in Zuber and Asheim (2010), which combines equal treatment with social discounting by giving priority for the worse off not only due to their absolute level of well‐being but also their relative rank in well‐being. If the future is better off than the present, then this criterion is behaviourally indistinguishable from discounted utilitarianism, which is the criterion usually employed by economists. However, if for example climate change breaks the correlation between time and well‐being, then rank‐discounted utilitarianism more than discounted utilitarianism calls for present action to protect the interests of future generations.Less
This chapter asks whether equal treatment of generations is compatible with social discounting. It presents the rank‐discounted utilitarian criterion, proposed by Stéphane Zuber and analysed in Zuber and Asheim (2010), which combines equal treatment with social discounting by giving priority for the worse off not only due to their absolute level of well‐being but also their relative rank in well‐being. If the future is better off than the present, then this criterion is behaviourally indistinguishable from discounted utilitarianism, which is the criterion usually employed by economists. However, if for example climate change breaks the correlation between time and well‐being, then rank‐discounted utilitarianism more than discounted utilitarianism calls for present action to protect the interests of future generations.
Deborah Mabbett
- 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 ...
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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 the relationship between sex equality law and social policy. This is followed by an account of recent cases which take up the age discrimination provisions in the Framework Equal Treatment Directive (FETD). It shows that the ECJ steered itself into stormy waters in its early decision in Mangold, but has since tried to find a way out. In so doing, it might seem to have weakened the potential impact of the FETD. The final section considers whether and why this might be an appropriate outcome in light of the policy objectives of the Directive and the political conditions under which it was promulgated.Less
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 the relationship between sex equality law and social policy. This is followed by an account of recent cases which take up the age discrimination provisions in the Framework Equal Treatment Directive (FETD). It shows that the ECJ steered itself into stormy waters in its early decision in Mangold, but has since tried to find a way out. In so doing, it might seem to have weakened the potential impact of the FETD. The final section considers whether and why this might be an appropriate outcome in light of the policy objectives of the Directive and the political conditions under which it was promulgated.
Paul M. Sniderman, Michael Bang Petersen, Rune Slothuus, and Rune Stubager
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691161105
- eISBN:
- 9781400852673
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691161105.003.0003
- Subject:
- Political Science, Democratization
This chapter presents a theory of the covenant paradox, i.e., the moral covenant underpinning the welfare state that simultaneously promotes equal treatment for (some) immigrants and provides a ...
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This chapter presents a theory of the covenant paradox, i.e., the moral covenant underpinning the welfare state that simultaneously promotes equal treatment for (some) immigrants and provides a platform for discrimination against (other) immigrants. It first discusses under what conditions and why the moral premises of the welfare state favor the equal treatment of immigrants. It then considers under what conditions and why the very same moral premises open the door to discrimination against immigrants. It shows that the key to these contradictory outcomes is the temporal logic of evaluative judgments. Prospective judgments of benefits and obligations favor equal treatment. Retrospective judgments, again of benefits and obligations, pave the way for discriminatory treatment.Less
This chapter presents a theory of the covenant paradox, i.e., the moral covenant underpinning the welfare state that simultaneously promotes equal treatment for (some) immigrants and provides a platform for discrimination against (other) immigrants. It first discusses under what conditions and why the moral premises of the welfare state favor the equal treatment of immigrants. It then considers under what conditions and why the very same moral premises open the door to discrimination against immigrants. It shows that the key to these contradictory outcomes is the temporal logic of evaluative judgments. Prospective judgments of benefits and obligations favor equal treatment. Retrospective judgments, again of benefits and obligations, pave the way for discriminatory treatment.
Linda Senden
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199232468
- eISBN:
- 9780191716027
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232468.003.0016
- Subject:
- Law, EU Law
This chapter begins by considering the implications of the claim of legal unity in the EU. It then explores the issue of conceptual divergence in the specific area of sex equality law. It argues that ...
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This chapter begins by considering the implications of the claim of legal unity in the EU. It then explores the issue of conceptual divergence in the specific area of sex equality law. It argues that EU equal treatment law imposes a certain standard of equality and non-discrimination, and it brings more unity into this area by establishing common — minimum — definitions. The possible unifying effects of this cooperation within the framework of the preliminary ruling procedure are assessed both at a general level and in the specific area of sex equality law. On that basis, it is then considered how the efficiency of the preliminary ruling procedure could be enhanced, in particular whether a distinction could be made between more fundamental and constitutional cases on the one hand and more technical ones on the other, the latter being less crucial with a view to realizing or preserving the unity of the legal order.Less
This chapter begins by considering the implications of the claim of legal unity in the EU. It then explores the issue of conceptual divergence in the specific area of sex equality law. It argues that EU equal treatment law imposes a certain standard of equality and non-discrimination, and it brings more unity into this area by establishing common — minimum — definitions. The possible unifying effects of this cooperation within the framework of the preliminary ruling procedure are assessed both at a general level and in the specific area of sex equality law. On that basis, it is then considered how the efficiency of the preliminary ruling procedure could be enhanced, in particular whether a distinction could be made between more fundamental and constitutional cases on the one hand and more technical ones on the other, the latter being less crucial with a view to realizing or preserving the unity of the legal order.
David T Keeling
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199219032
- eISBN:
- 9780191711862
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219032.003.0016
- Subject:
- Law, EU Law
This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the ...
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This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the CFI and ECJ start stressing the Office's duty to act consistently, to apply common standards, to identify analogous cases and to give them similar treatment. The CFI and ECJ also need to understand that genuine consistency in decision-making practice can only be achieved at the purely administrative level.Less
This chapter examines the principle of equal treatment as it applies to trade mark. It argues that trade mark registration is in danger of becoming a lottery; the danger can only be averted if the CFI and ECJ start stressing the Office's duty to act consistently, to apply common standards, to identify analogous cases and to give them similar treatment. The CFI and ECJ also need to understand that genuine consistency in decision-making practice can only be achieved at the purely administrative level.
Eric Rakowski
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198240792
- eISBN:
- 9780191680274
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198240792.003.0002
- Subject:
- Philosophy, Political Philosophy
A multitude of moral theories attempt to explain the concepts of equal consideration and equal treatment as they bear on the distribution of wealth, opportunity, and income. This chapter dwells on ...
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A multitude of moral theories attempt to explain the concepts of equal consideration and equal treatment as they bear on the distribution of wealth, opportunity, and income. This chapter dwells on the theory of equal shares. It lays the groundwork for the theory by arguing that, as an initial matter, justice requires that people be given equally valuable sets of resources and opportunities, rather than that the community doles out goods and opportunities. One class of distributive justice consists of theories that conceive of justice as a system of rules devised to benefit all who are subject to them. A second class of theories locates the acceptability of principles of distributive justice.Less
A multitude of moral theories attempt to explain the concepts of equal consideration and equal treatment as they bear on the distribution of wealth, opportunity, and income. This chapter dwells on the theory of equal shares. It lays the groundwork for the theory by arguing that, as an initial matter, justice requires that people be given equally valuable sets of resources and opportunities, rather than that the community doles out goods and opportunities. One class of distributive justice consists of theories that conceive of justice as a system of rules devised to benefit all who are subject to them. A second class of theories locates the acceptability of principles of distributive justice.
Lawrence D. Bobo, Camille Z. Charles, Maria Krysan, and Alicia D. Simmons
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691133317
- eISBN:
- 9781400845569
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691133317.003.0003
- Subject:
- Sociology, Social Research and Statistics
This chapter depicts “the real record on racial attitudes” using a wide lens. Recounting results of mid-20th-century surveys as well as trends in the General Social Survey, it shows that formal ...
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This chapter depicts “the real record on racial attitudes” using a wide lens. Recounting results of mid-20th-century surveys as well as trends in the General Social Survey, it shows that formal principles of equal treatment (e.g., in schools and employment) came to be widely endorsed. However, it cautions against concluding that U.S. society became “postracial.” For example, in the 2000s white Americans remain more apt to attribute negative traits to blacks than to whites, reluctant to support interventions to redress persistent black–white inequality, and highly resistant to “special favors” for blacks. The chapter documents rising egalitarianism and dramatic change in some basic assumptions governing black–white relationships, together with little or no growth in reformist and interventionist orientations about racial matters. It highlights numerous “enduring frictions and conflicts that continue to make race such a fraught terrain.”Less
This chapter depicts “the real record on racial attitudes” using a wide lens. Recounting results of mid-20th-century surveys as well as trends in the General Social Survey, it shows that formal principles of equal treatment (e.g., in schools and employment) came to be widely endorsed. However, it cautions against concluding that U.S. society became “postracial.” For example, in the 2000s white Americans remain more apt to attribute negative traits to blacks than to whites, reluctant to support interventions to redress persistent black–white inequality, and highly resistant to “special favors” for blacks. The chapter documents rising egalitarianism and dramatic change in some basic assumptions governing black–white relationships, together with little or no growth in reformist and interventionist orientations about racial matters. It highlights numerous “enduring frictions and conflicts that continue to make race such a fraught terrain.”
Evelyn Ellis and Philippa Watson
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199698462
- eISBN:
- 9780191745904
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698462.003.0010
- Subject:
- Law, EU Law, Human Rights and Immigration
This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of ...
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This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of the directive then proceed to analyse the scope of directive from the point of view of the persons and benefits it covers. The principle of equal treatment is discussed as is the direct effect of that principle and the consequences of direct effectiveness. A section is devoted to the exception to the principle of equal treatment, in particular the derogation in respect of pensionable ages and the consequence for other benefits.Less
This chapter extensively analyses the equal treatment in the social Security Directive and the CJEU case law interpreting and applying that directive. It begins with a discussion of the objectives of the directive then proceed to analyse the scope of directive from the point of view of the persons and benefits it covers. The principle of equal treatment is discussed as is the direct effect of that principle and the consequences of direct effectiveness. A section is devoted to the exception to the principle of equal treatment, in particular the derogation in respect of pensionable ages and the consequence for other benefits.
Henry Phelps Brown
- Published in print:
- 1988
- Published Online:
- November 2003
- ISBN:
- 9780198286486
- eISBN:
- 9780191596773
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198286481.003.0001
- Subject:
- Economics and Finance, Public and Welfare
Points out and elaborates on the facts that aspiration to greater equality has become widespread in contemporary societies and that this belief is not restricted just to socialists, but is also ...
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Points out and elaborates on the facts that aspiration to greater equality has become widespread in contemporary societies and that this belief is not restricted just to socialists, but is also maintained by a wider political spectrum. It goes on to discuss the meaning of equality, treating three aspects of it separately––equal treatment, equality of opportunity, and equality of consideration. It is noted that through most of the twentieth century, public policy in the UK has promoted all three types of equality. The historical changes in attitude that this has required are traced in the context of explaining that this is what Part I of the book addresses. It is also emphasized that a historical study is necessary for the appraisal of ‘modern’ egalitarianism advanced in Part III, and that such an assessment requires in addition a detailed knowledge of modern circumstances as represented by the statistical study of income and wealth distribution presented in Part II.Less
Points out and elaborates on the facts that aspiration to greater equality has become widespread in contemporary societies and that this belief is not restricted just to socialists, but is also maintained by a wider political spectrum. It goes on to discuss the meaning of equality, treating three aspects of it separately––equal treatment, equality of opportunity, and equality of consideration. It is noted that through most of the twentieth century, public policy in the UK has promoted all three types of equality. The historical changes in attitude that this has required are traced in the context of explaining that this is what Part I of the book addresses. It is also emphasized that a historical study is necessary for the appraisal of ‘modern’ egalitarianism advanced in Part III, and that such an assessment requires in addition a detailed knowledge of modern circumstances as represented by the statistical study of income and wealth distribution presented in Part II.
Ronan Mccrea
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199595358
- eISBN:
- 9780191595776
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595358.003.0006
- Subject:
- Law, EU Law
This chapter analyses how the limitations on the political influence of religion inherent in the vision of balance pursued by the Union have been highlighted in its dealings with outsiders whose ...
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This chapter analyses how the limitations on the political influence of religion inherent in the vision of balance pursued by the Union have been highlighted in its dealings with outsiders whose religions cannot readily be accommodated under the rubric of national cultural identity. It assesses the EU's approach to enlargement and the integration of immigrants to demonstrate failures on the part of religion to respect both the autonomy of the political and legal arenas from religious domination, and the principles of private autonomy are viewed as inconsistent with a European identity. In defending this identity, the Union has been willing to interfere with individual autonomy itself by seeking to regulate private religious viewpoints of migrants and in doing so the Union has at times appeared, at least implicitly, to regard some forms of religion, most notably Islam, as inherently less compatible with Europe's religious inheritance and identity than others.Less
This chapter analyses how the limitations on the political influence of religion inherent in the vision of balance pursued by the Union have been highlighted in its dealings with outsiders whose religions cannot readily be accommodated under the rubric of national cultural identity. It assesses the EU's approach to enlargement and the integration of immigrants to demonstrate failures on the part of religion to respect both the autonomy of the political and legal arenas from religious domination, and the principles of private autonomy are viewed as inconsistent with a European identity. In defending this identity, the Union has been willing to interfere with individual autonomy itself by seeking to regulate private religious viewpoints of migrants and in doing so the Union has at times appeared, at least implicitly, to regard some forms of religion, most notably Islam, as inherently less compatible with Europe's religious inheritance and identity than others.
Ronan Mccrea
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199595358
- eISBN:
- 9780191595776
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595358.003.0004
- Subject:
- Law, EU Law
This chapter demonstrates how the Union's identity-based approach fits in with its fundamental rights obligations. It analyses the various justifications for religious freedom and notes how respect ...
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This chapter demonstrates how the Union's identity-based approach fits in with its fundamental rights obligations. It analyses the various justifications for religious freedom and notes how respect for individual and collective religious rights can often come into conflict. In line with its fundamental rights obligations, EU law has recognised individual and collective religious freedom as largely private rights linked to notions of personal autonomy in matters of identity. However, the right to adhere to a religious identity can be required to yield to the general public interest in the maintenance of a non-theocratic, democratic system. This is consistent with the caselaw of the European Court of Human Rights, which has not generally required the accommodation of religious choices in non-private contexts such as the labour market when such choices clash with prevailing cultural norms. Accordingly, the basic framework provided by the Union's fundamental rights obligations requires significant protection for religious identities in private contexts but enables Member States to curtail such identity rights in non-private contexts in order to promote either their communal cultural identity or the democratic nature of the public order.Less
This chapter demonstrates how the Union's identity-based approach fits in with its fundamental rights obligations. It analyses the various justifications for religious freedom and notes how respect for individual and collective religious rights can often come into conflict. In line with its fundamental rights obligations, EU law has recognised individual and collective religious freedom as largely private rights linked to notions of personal autonomy in matters of identity. However, the right to adhere to a religious identity can be required to yield to the general public interest in the maintenance of a non-theocratic, democratic system. This is consistent with the caselaw of the European Court of Human Rights, which has not generally required the accommodation of religious choices in non-private contexts such as the labour market when such choices clash with prevailing cultural norms. Accordingly, the basic framework provided by the Union's fundamental rights obligations requires significant protection for religious identities in private contexts but enables Member States to curtail such identity rights in non-private contexts in order to promote either their communal cultural identity or the democratic nature of the public order.
Evelyn Ellis and Philippa Watson
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199698462
- eISBN:
- 9780191745904
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698462.003.0003
- Subject:
- Law, EU Law, Human Rights and Immigration
This chapter sets out the role of the general principles in the Union legal order and the sources of those principles. A discussion of the anti-discrimination provisions of the European Convention on ...
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This chapter sets out the role of the general principles in the Union legal order and the sources of those principles. A discussion of the anti-discrimination provisions of the European Convention on Human Rights and the Charter of Fundamental Rights precedes an analysis of the general principle of non-discrimination on the grounds of age as developed in the Mangold case law and the more established general principle of non-discrimination on the grounds of sex.Less
This chapter sets out the role of the general principles in the Union legal order and the sources of those principles. A discussion of the anti-discrimination provisions of the European Convention on Human Rights and the Charter of Fundamental Rights precedes an analysis of the general principle of non-discrimination on the grounds of age as developed in the Mangold case law and the more established general principle of non-discrimination on the grounds of sex.
Evelyn Ellis and Philippa Watson
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199698462
- eISBN:
- 9780191745904
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698462.001.0001
- Subject:
- Law, EU Law, Human Rights and Immigration
EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of EU law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or ...
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EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of EU law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and it contains thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law, in so far as they are relevant to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.Less
EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of EU law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and it contains thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law, in so far as they are relevant to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.
Vera Lomazzi and Isabella Crespi
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781447317692
- eISBN:
- 9781447318057
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447317692.003.0002
- Subject:
- Sociology, Gender and Sexuality
This chapter deals with the definition, understanding and exploration of the issue of gender equality approaches that the EU has developed to promote equal opportunities between men and women.
The ...
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This chapter deals with the definition, understanding and exploration of the issue of gender equality approaches that the EU has developed to promote equal opportunities between men and women.
The chapter examines the different strategies used across time to implement gender equality in the EU and how this conceptualisation led to the current approach of gender mainstreaming. In particular, three phases are identified and discussedinthe chapter: equal treatment, positive action and gender mainstreaming.
The last one is discussed deeply because itformed a substantial and important backbone in the context of the individual rights of citizens of the Union by creating a basis of equal rights guaranteed to all, regardless of gender.
The goal pursued by gender mainstreaming approach consists of a deep change in the organizational culture of society, institutions and workplace, where gender equality should be implemented in a transformed cultural framework.Less
This chapter deals with the definition, understanding and exploration of the issue of gender equality approaches that the EU has developed to promote equal opportunities between men and women.
The chapter examines the different strategies used across time to implement gender equality in the EU and how this conceptualisation led to the current approach of gender mainstreaming. In particular, three phases are identified and discussedinthe chapter: equal treatment, positive action and gender mainstreaming.
The last one is discussed deeply because itformed a substantial and important backbone in the context of the individual rights of citizens of the Union by creating a basis of equal rights guaranteed to all, regardless of gender.
The goal pursued by gender mainstreaming approach consists of a deep change in the organizational culture of society, institutions and workplace, where gender equality should be implemented in a transformed cultural framework.
Christopher McCrudden
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232420
- eISBN:
- 9780191716058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232420.003.0014
- Subject:
- Law, Public International Law, EU Law
Chapter 12 and 13 showed that significant developments affected the political and legal context of public procurement linkages from the early 1990s. Chapter 13 showed how some Member States revised ...
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Chapter 12 and 13 showed that significant developments affected the political and legal context of public procurement linkages from the early 1990s. Chapter 13 showed how some Member States revised their approaches to equality linkages in partial response to these changes. Chapter 12 also showed that one of the significant changes in the context of European procurement law and policy was the greater legal clarity regarding the extent to which such linkages were legally permissible, arising from decisions of the European Court of Justice (ECJ), and legislative reforms in 2003. This chapter discusses the history of these legislative reforms.Less
Chapter 12 and 13 showed that significant developments affected the political and legal context of public procurement linkages from the early 1990s. Chapter 13 showed how some Member States revised their approaches to equality linkages in partial response to these changes. Chapter 12 also showed that one of the significant changes in the context of European procurement law and policy was the greater legal clarity regarding the extent to which such linkages were legally permissible, arising from decisions of the European Court of Justice (ECJ), and legislative reforms in 2003. This chapter discusses the history of these legislative reforms.
