Equality, Discrimination and the Law
Equality, Discrimination and the Law

Author: Michael Connolly

Publisher: Routledge

Published: 2022

Total Pages: 226

ISBN-13: 9781003187547

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"In identifying a number of 'fuzzy border' cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of 'pensionable age' (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of 'fuzzy borders'. Starting with the James case, this book investigates a number of 'fuzzy border' cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as 'direct and indirect discrimination are mutually exclusive' do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses. Michael Connolly is a Reader in Law at the University of Portsmouth, UK, who specialises in Equality Law. He also serves on the Equality, Diversity and Inclusion Committee of the Society of Legal Scholars, and the London Management Committee of the Commonwealth Legal Education Association"--

Equality and Discrimination Law in Australia: An Introduction
Equality and Discrimination Law in Australia: An Introduction

Author: Beth Gaze

Publisher: Cambridge University Press

Published: 2016-11-24

Total Pages: 361

ISBN-13: 1107432251

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Equality and Discrimination Law in Australia: An Introduction adopts a groundbreaking approach in its delivery of equality and discrimination law principles. It analyses equality as a goal of the law, and acknowledges that to prevent discrimination modern laws must challenge the beliefs, practices, systems and structures that enable it.

Discrimination, Copyright and Equality
Discrimination, Copyright and Equality

Author: Paul Harpur

Publisher: Cambridge University Press

Published: 2017-04-03

Total Pages: 363

ISBN-13: 1108210570

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While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.

Basic Equality and Discrimination
Basic Equality and Discrimination

Author: Nicholas Smith

Publisher: Ashgate Publishing, Ltd.

Published: 2011

Total Pages: 244

ISBN-13: 9781409428435

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Basic Equality and Discrimination examines the justification, interpretation and application of discrimination law. In order to navigate the often dense and conflicted jurisprudence in this area, the work first considers equality as a moral and political concept, thus providing a clearer understanding of the nature of the value - equality - and illustrating the nature of the difficulties posed by constitutional and ordinary 'equality law'.

Antidiscrimination Law and Social Equality
Antidiscrimination Law and Social Equality

Author: Andrew Koppelman

Publisher: Yale University Press

Published: 1998-09-10

Total Pages: 292

ISBN-13: 9780300077254

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Arguing that although it is not the role of a liberal state to shape its citizens' beliefs, this work suggests that a moral code for the prevention of discrimination is needed. The text responds to objections to discrimination law from liberal theory, and outlines the moral principles it posits.

Equality and Discrimination Under International Law
Equality and Discrimination Under International Law

Author: Warwick Alexander McKean

Publisher: Oxford University Press, USA

Published: 1983

Total Pages: 352

ISBN-13:

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History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc.

Equality and Non-Discrimination under International Law
Equality and Non-Discrimination under International Law

Author: Stephanie Farrior

Publisher: Routledge

Published: 2017-07-05

Total Pages: 1003

ISBN-13: 1351568027

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The principles of equality and non-discrimination lie at the heart of international human rights law. They are the only human rights explicitly included in the UN Charter and they appear at the beginning of virtually every major human rights instrument. This volume contains selected works by leading authors on the subject of equality and non-discrimination under international law. The selections are grouped into four sections. The first presents essays that explore theoretical concepts of equality and non-discrimination. The next addresses the development of international legal standards on the subject. The third presents articles analyzing how those standards have been interpreted and applied by UN and regional human rights bodies, and the last contains works on what measures besides legal action States are to take to in order to achieve equality and non-discrimination.

Discrimination Law
Discrimination Law

Author: Michael Connolly

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9780414046061

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This text provides in-depth and accessible guidance on discrimination law. It covers the UK and EU with comparisons to the US, Canada and Australia, and analyses the different theories and definitions of what is classed as discrimination.

Equality
Equality

Author: Bob Hepple

Publisher: Bloomsbury Publishing

Published: 2014-10-16

Total Pages: 292

ISBN-13: 178225501X

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The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy. From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history...'.

A Theory of Discrimination Law
A Theory of Discrimination Law

Author: Tarunabh Khaitan

Publisher: OUP Oxford

Published: 2015-05-21

Total Pages: 393

ISBN-13: 0191066389

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Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.