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Sex Equality

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0004
Subject:
Political Science, European Union

The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ... More


Indirect Discrimination

Kasper Lippert-Rasmussen

in Born Free and Equal?: A Philosophical Inquiry into the Nature of Discrimination

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199796113
eISBN:
9780199350995
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199796113.003.0003
Subject:
Philosophy, Moral Philosophy

Chapter 2 explores the distinction between direct and indirect discrimination. The chapter takes its point of departure in a definition proposed by Andrew Altman and uses it as a springboard for a ... More


Normative Twist and Antinomy

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/9780199693375.003.0006
Subject:
Law, Philosophy of Law, EU Law

Systemic discrimination is the core concern of anti-discrimination law. Surprisingly, even direct discrimination can be understood to be a special case of indirect discrimination. In most instances, ... More


The Regulation of Religion in the Single Market

Ronan Mccrea

in Religion and the Public Order of the European Union

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595358
eISBN:
9780191595776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595358.003.0005
Subject:
Law, EU Law

This chapter addresses the application of the identity-based framework within the context of EU Single Market law. It shows how EU employment law has embraced the principle of indirect ... More


Non-Discrimination and Justification in the GATT

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0007
Subject:
Law, Public International Law, EU Law

This chapter addresses the non-discrimination disciplines of the GATT (most-favoured-nation treatment and national treatment) and related issues, notably justification on non-economic grounds under ... More


Key concepts in EU anti-discrimination law

Evelyn Ellis and Philippa Watson

in EU Anti-Discrimination Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199698462
eISBN:
9780191745904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698462.003.0004
Subject:
Law, EU Law, Human Rights and Immigration

This analyses the EU concepts of direct and indirect discrimination, and multi-dimensional discrimination. It examines the burden of proof demanded by the CJEU and the essential role played by ... 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


The Practice: Establishing an Intersectional Claim

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/9780198848950.003.0005
Subject:
Law, Human Rights and Immigration

This chapter considers how intersectional claims are established in practice. The chapter thus traverses the labyrinth of discrimination law to understand how each of its central features interacts ... More


The Puzzle of Indirect Discrimination

Benjamin Eidelson

in Discrimination and Disrespect

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198732877
eISBN:
9780191796890
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198732877.003.0003
Subject:
Philosophy, Moral Philosophy

What is the relationship between “indirect” discrimination (or discrimination based on “disparate impact”) and the central concept of discrimination elaborated in Chapter 1? This chapter argues that ... More


Indirect Discrimination

Sophia Moreau

in Faces of Inequality: A Theory of Wrongful Discrimination

Published in print:
2020
Published Online:
May 2020
ISBN:
9780190927301
eISBN:
9780190927332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190927301.003.0006
Subject:
Law, Legal Profession and Ethics

Chapter Six, “Indirect Discrimination,” makes explicit the implications that the author’s pluralist theory of wrongful discrimination has for our understanding of indirect discrimination. The author ... More


Tackling Indirect Discrimination in Employment in France: A Relative Success?

Marie Mercat-Bruns

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/9780198853138.003.0013
Subject:
Law, Human Rights and Immigration

This chapter argues that in France, the application of employment discrimination law is a mixed bag. On the one hand, labour law judges have had some difficulties with interpreting ... More


Challenges to the Effectiveness of the Protection against Indirect Discrimination on the Ground of Sex in Spain

María Amparo Ballester Pastor

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/9780198853138.003.0014
Subject:
Law, Human Rights and Immigration

Although Spain has formally transposed the EU’s gender anti-discrimination directives and case law, there are still problems of effectiveness, particularly in the area of indirect discrimination. ... More


Statistical Discrimination

Kasper Lippert-Rasmussen

in Born Free and Equal?: A Philosophical Inquiry into the Nature of Discrimination

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199796113
eISBN:
9780199350995
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199796113.003.0004
Subject:
Philosophy, Moral Philosophy

Chapter 3 defines statistical discrimination and pries it apart from nonstatistical discrimination. It then distinguishes between direct and indirect statistical discrimination, arguing that the ... More


A Question of Inequality

Sophia Moreau

in Faces of Inequality: A Theory of Wrongful Discrimination

Published in print:
2020
Published Online:
May 2020
ISBN:
9780190927301
eISBN:
9780190927332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190927301.003.0001
Subject:
Law, Legal Profession and Ethics

Chapter One, “A Question of Inequality,” argues that complaints of wrongful discrimination are best understood as claims that one has been treated as the inferior of others, rather than as their ... More


The Architecture of Discrimination Law

Tarunabh Khaitan

in A Theory of Discrimination Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199656967
eISBN:
9780191748080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656967.003.0003
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Its protectorate, its duty-bearers, and the duties it imposes determine the basic structure of discrimination law. A protected ground must: (i) be a personal characteristic that classifies persons ... More


Indirect Discrimination and the Anti-discrimination Mandate

Michael Selmi

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/9780199664313.003.0013
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter raises the question of whether the disparate impact theory may have run its course or perhaps served its purpose. In raising that question, it discusses how ? and whether ? the concept ... More


Born Free and Equal?: A Philosophical Inquiry into the Nature of Discrimination

Kasper Lippert-Rasmussen

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199796113
eISBN:
9780199350995
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199796113.001.0001
Subject:
Philosophy, Moral Philosophy

What is discrimination? There are certain instances of differential treatment that almost anyone would describe as discriminatory. Yet, when one looks deeper into the issue it seems that such near ... More


Discrimination and Subordination

Sophia Moreau

in Oxford Studies in Political Philosophy Volume 5

Published in print:
2019
Published Online:
August 2019
ISBN:
9780198841425
eISBN:
9780191876943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841425.003.0005
Subject:
Philosophy, Political Philosophy

This chapter develops an original account of what unjust subordination consists in. It then uses this account to argue that both direct and indirect discrimination are often wrongful because of their ... More


Unfair Subordination

Sophia Moreau

in Faces of Inequality: A Theory of Wrongful Discrimination

Published in print:
2020
Published Online:
May 2020
ISBN:
9780190927301
eISBN:
9780190927332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190927301.003.0002
Subject:
Law, Legal Profession and Ethics

Chapter Two, “Unfair Subordination,” develops a theory of unfair subordination and then uses this theory to help explain why discrimination wrongs people. The author explains why, in this context, it ... 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


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