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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


Ageism and Age Discrimination

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0002
Subject:
Law, Family Law

This chapter considers the legal protection offered against age discrimination. It looks at what ageism is and when, if ever, it can be justified. It considers why it has taken so long for society to ... More


Gender, Caste, and Law

Cass R. Sunstein

in Women, Culture, and Development: A Study of Human Capabilities

Published in print:
1995
Published Online:
November 2003
ISBN:
9780198289647
eISBN:
9780191596698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198289642.003.0014
Subject:
Economics and Finance, Development, Growth, and Environmental

Sunstein explores the issue of law and its impact on women's quality of life, scrutinizing how law sustains and supports discrimination against women and how it might embody a commitment to sex ... More


The Canadian Charter of Rights and Freedoms: Is Sexual Orientation Discrimination Sex Discrimination?

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198264880
eISBN:
9780191682841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264880.003.0008
Subject:
Law, Human Rights and Immigration

This chapter argues that sexual orientation is already implicitly included in an enumerated Section 15(1) ground of the Canadian Charter of Rights and Freedoms, that is, ‘sex’, because almost every ... More


The Ultimate Rule of Law

David M. Beatty

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199269808
eISBN:
9780191710063
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269808.001.0001
Subject:
Law, Philosophy of Law

This book addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, ... More


The Sex Discrimination Act 1975 and Race Relations Act 1976

Aileen McColgan

in Just Wages for Women

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265887
eISBN:
9780191682995
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265887.003.0005
Subject:
Law, Company and Commercial Law

The Sex Discrimination Act became law on 29 December 1975. The Race Relations Act (which received the Royal Assent on 22 November 1976) was not primarily concerned with the issue of pay, but its ... More


Sex-Based Discrimination Trends in Japan, 1965–2005 *: The Gender Wage Gap and the Marriage Bar

Kunihiro Kimura

in Discrimination in an Unequal World

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199732166
eISBN:
9780199866144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199732166.003.0008
Subject:
Political Science, Comparative Politics

This chapter describes sex-based discrimination trends in Japan and proposes hypotheses that might explain these trends. Section 2 briefly describes the official statistics that provide the source of ... More


Regulating Europe: The Commission, the Court, and the Regulation of the European Market

Mark A. Pollack

in The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199251179
eISBN:
9780191600111
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251177.003.0007
Subject:
Political Science, European Union

The ability of supranational agents such as the European Commission and Court of Justice to influence policy outcomes in the European Union varies as a function of the control mechanisms established ... 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


Last Lap: Work and Pregnancy

Nancy Woloch

in A Class by Herself: Protective Laws for Women Workers, 1890s-1990s

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691002590
eISBN:
9781400866366
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691002590.003.0009
Subject:
History, American History: 20th Century

This chapter explores the legal challenges that workplace pregnancy posed in the 1970s and 1980s. Debates about workplace pregnancy revived clashes about difference and equality that had vexed the ... More


Comparison and Conclusion

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198264880
eISBN:
9780191682841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264880.003.0009
Subject:
Law, Human Rights and Immigration

This chapter argues that the contexts in which the three human rights instruments operate (the United States constitution, the European Convention on Human Rights, and the Canadian Charter of Rights ... More


Ensuring Equality and Availability: The Regulation of Part-Time Work

Deirdre McCann

in Regulating Flexible Work

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199218790
eISBN:
9780191711787
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218790.003.0003
Subject:
Law, Employment Law

This chapter is devoted to part-time work and in particular to its role in advancing gender equality and reconciling work and family life. It first addresses the role of the sex discrimination regime ... More


Equality

David M. Beatty

in The Ultimate Rule of Law

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199269808
eISBN:
9780191710063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269808.003.03
Subject:
Law, Philosophy of Law

The ideal of equality was a vital part of the politics of the 20th century from beginning to end. Women who lived in the mature and established democracies of the world were especially successful in ... 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


Patriarchy

Michelle Madden Dempsey

in Prosecuting Domestic Violence: A Philosophical Analysis

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562169
eISBN:
9780191705298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562169.003.0007
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter offers an account of patriarchy, understood here as a wrongful structural inequality against which feminism is concerned to act. By providing an account of what being patriarchal means, ... More


The European Convention on Human Rights: Immutable Status and Sex Discrimination Arguments

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198264880
eISBN:
9780191682841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264880.003.0005
Subject:
Law, Human Rights and Immigration

This chapter examines the extent to which applicants under the European Convention on Human Rights have used immutable status and sex discrimination arguments under Article 14. It also discusses what ... More


Discrimination and Pay

Aileen McColgan

in Just Wages for Women

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265887
eISBN:
9780191682995
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265887.003.0006
Subject:
Law, Company and Commercial Law

This chapter begins with a discussion of the existence of gender-pay gaps both within and between occupations, and within and between industries and workplaces. It then considers why this gap exists ... More


The United States Constitution: Immutable Status and Sex Discrimination Arguments

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198264880
eISBN:
9780191682841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264880.003.0003
Subject:
Law, Human Rights and Immigration

In the aftermath of the Supreme Court case Bowers v. Hardwick, gay, lesbian, and bisexual plaintiffs have looked for alternatives to a right of privacy argument under the United States constitution. ... More


Structural Disadvantage

Sandra Fredman

in Women and the Law

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198763239
eISBN:
9780191695216
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763239.003.0007
Subject:
Law, Employment Law

This chapter examines the structural forces that influence women's disadvantage in the paid labour force in Great Britain. It provides a brief description of the key provisions of the Sex ... More


The Sex Discrimination Argument, and Objections

in The Gay Rights Question in Contemporary American Law

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226451008
eISBN:
9780226451039
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226451039.003.0004
Subject:
Law, Constitutional and Administrative Law

The sex discrimination argument has usually been rejected by the courts, but this does not distinguish it from any other argument that has been made on behalf of gays. The rule of law is always an ... More


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