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Cases, Materials and Text on National, Supranational and International Non-Discrimination Law: Ius Commune Casebooks for the Common Law of Europe: Ius Commune Casebooks for the Common Law of Europe

Editat de Dagmar Schiek, Lisa Waddington, Mark Bell Tufyal Choudhury, Professor Olivier De Schutter, Janneke Gerards, Professor Aileen McColgan KC, Gay Moon
en Limba Engleză Paperback – 31 aug 2007
This casebook, the result of the collaborative efforts of a panel of experts from various EU Member States, is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive and skilfully designed resource for students, practitioners, researchers, public officials, NGOs, consumer organisations and the judiciary. In common with earlier books in the series, this casebook presents cases and other materials (legislative materials, international and European materials, excerpts from books or articles). As non-discrimination law is a comparatively new subject, the chapters search for and develop the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation. The result is a comprehensive textbook with materials from a wide variety of EU Member States. The book is entirely in English (i.e. materials are translated where not available in English). At the end of each chapter a comparative overview ties the material together, with emphasis, where appropriate, on existing or emerging general principles in the legal systems within Europe. The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender. In so doing, it covers the law of a large number of EU Member States, alongside some international comparisons. The Ius Commune Casebook on Non-Discrimination Law- provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies. - provides the judiciary with the tools needed to respond sensitively to such cases. - provides material for teaching non-discrimination law to law and other students. - provides a basis for ongoing research on non-discrimination law. - provides an up-to-date overview of the implementation of the Directives and of the state of the law.This Casebook is the result of a project which has been supported by a grant from the European Commission's Anti-Discrimination Programme.See the detailed website for this book:www.casebooks.eu/nonDiscrimination/.
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Specificații

ISBN-13: 9781841137483
ISBN-10: 1841137480
Pagini: 1118
Ilustrații: 1
Dimensiuni: 171 x 244 x 56 mm
Greutate: 1.41 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Ius Commune Casebooks for the Common Law of Europe

Locul publicării:London, United Kingdom

Caracteristici

provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies. provides the judiciary with the tools needed to respond sensitively to such cases. provides material for teaching

Notă biografică

Professor Dagmar Schiek is Jean Monnet Professor for European Economic Law at University Carl von Ossietzky Oldenburg (Germany) and has been a visiting professor at University of Ulster, London School of Economics and Maastricht University. Professor Lisa Waddington holds the European Disability Forum Chair in European Disability Law at Maastricht University, the Netherlands.Professor Mark Bell is attached to the Centre for European Law and Integration, Faculty of Law, University of Leicester.

Cuprins

Chapter 1. Discrimination Grounds1.1. Introduction1.2. "Suspect" grounds of discrimination1.3. The grounds of discrimination1.4. Discrimination on grounds of assumed characteristics and discrimination by association1.5. Multiple discrimination1.6. Comparative analysis Chapter 2. Direct discrimination2.1. Introduction2.2. Recognising direct discrimination2.3. Establishing direct discrimination2.4. Proving direct discrimination2.5. Segregation2.6. Justifications and exceptions2.7. Comparative analysis Chapter 3. Indirect discrimination3.1. Introduction3.2. Rationales and conceptions of indirect discrimination law3.3. Origins of indirect discrimination law 3.4. Problems of comparison 3.5. Indirect discrimination - specific elements 3.6. Comparative analysis Chapter 4. Harassment4.1. Introduction4.2. Historical development4.3. The Regulation of Harassment and Sexual Harassment in the EU and its Member States prior to 2000 4.4. Regulation of Harassment and Sexual Harassment after Implementation of Directives 2004/43/EC, 2000/78/EC and 2002/73/EC4.5. Comparative analysisChapter 5. Instructions to Discriminate and Victimisation5.1. Instructions to discriminate5.2. Victimisation5.3. Comparative analysisChapter 6. Reasonable accommodation6.1. Introduction6.2. The meaning of the term "Reasonable Accommodation"6.3. The entitlement to claim a "Reasonable Accommodation" and the obligation imposed on the party claiming and required to make the accommodation6.4. Limitations on the obligation to make a "Reasonable Accommodation" and the "Disproportionate Burden" Requirement6.5. Fitting the Duty to Accommodate into the Non-Discrimination Framework6.6. The relationship of the Reasonable Accommodation Requirement to Positive Action in the Area of Employment 6.7. Comparative analysisChapter 7. Positive Action7.1. Introduction7.2. The definition of positive action7.3. A typology of positive action and other measures including examples 7.4. Positive action under international law7.5. Positive action under European Union Law7.6. Positive action before the national courts7.7. Positive action policies and the protection of private life in the processing of personal data7.8. Comparative analysisChapter 8. Enforcement bodies8.1. Introduction8.2. Single or multiple equality bodies?8.3. Overview of Models for Intervention8.4 .Legal Norms for enforcement bodies8.5. Functions 8.6. Protection of Independence8.7. Comparative Analysis

Recenzii

...more than simply a casebook as it integrates extracts from case law and legislation with extensive academic commentary...a timely, illuminating, comprehensive and hugely relevant study...[combines] encyclopaedic breadth with scholarly depth. The book is an excellent reference point for anyone practising or interested in non-discrimination law and a rich teaching and curriculum development resource...its integration of different legal regimes into a coherent and accessible narrative is a particularly helpful vantage-point.
The casebook provides for diverse and fragmented but fascinating reading. That non-discrimination law is a difficult and evolving complex becomes perfectly clear. Connections between international, community and national legal developments are clarified...Perhaps the most significant insight provided by the casebook is the tension between Community law and national law, as revealed by the comparative analysis...this is an important and inspiring addition to the literature on non-discrimination.

Descriere

The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law.