Legal Aspects of Ethnic Data Collection and Positive Action

Legal Aspects of Ethnic Data Collection and Positive Action

Author: Jozefien Van Caeneghem

Publisher: Springer Nature

Published: 2019-09-05

Total Pages: 752

ISBN-13: 3030236684

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This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority’s inclusion in Europe. The book’s central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.


Legal Aspects of Ethnic Data Collection and Positive Action

Legal Aspects of Ethnic Data Collection and Positive Action

Author: Jozefien Van Caeneghem

Publisher:

Published: 2019

Total Pages:

ISBN-13: 9783030236694

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This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minoritys inclusion in Europe. The books central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.


Eliminating Health Disparities

Eliminating Health Disparities

Author: National Research Council

Publisher: National Academies Press

Published: 2004-08-09

Total Pages: 310

ISBN-13: 0309166136

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Disparities in health and health care across racial, ethnic, and socioeconomic backgrounds in the United States are well documented. The reasons for these disparities are, however, not well understood. Current data available on race, ethnicity, SEP, and accumulation and language use are severely limited. The report examines data collection and reporting systems relating to the collection of data on race, ethnicity, and socioeconomic position and offers recommendations.


Improving Racial and Ethnic Data on Health

Improving Racial and Ethnic Data on Health

Author: National Research Council

Publisher: National Academies Press

Published: 2003-10-15

Total Pages: 58

ISBN-13: 0309182573

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The panel convened the Workshop on Improving Racial and Ethnic Data in Health to review information about current private-sector and state data collection practices in light of existing federal, state, and local regulations, laws, and requirements. The workshop presentations featured the perspectives of data users, health care providers, insurance plan representatives, state and local public health officials, and regulatory officials. Participants assessed policies, practices, barriers, and opportunities for collecting racial and ethnic data in their settings, and explored ways that private and state systems can be improved to address data needs. In preparation for the workshop, the panel commissioned four background papers to fill gaps in knowledge of private-sector and state government policies and practices and to address the importance of racial and ethnic data collection. The panel is also examining the role of socioeconomic status regarding health and health care disparities. However, the workshop intended to focus only on racial and ethnic data collection. The panel's final report will contain a full consideration of the collection of racial, ethnic, and socioeconomic status data.


Resocialising Europe in a Time of Crisis

Resocialising Europe in a Time of Crisis

Author: Nicola Countouris

Publisher: Cambridge University Press

Published: 2013-10-10

Total Pages: 543

ISBN-13: 110751309X

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Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But in recent years, and in spite of the adoption of the Charter of Fundamental Rights, the EU social profile has entered a profound period of crisis. The ECJ judgments of Viking and Laval exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis, while the various 'bail out' packages are producing a constant retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.


Fighting Discrimination in Europe

Fighting Discrimination in Europe

Author: Mathias Möschel

Publisher: Routledge

Published: 2013-09-13

Total Pages: 169

ISBN-13: 113574940X

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The member states of the EU have only very recently begun to consider race and racism in the framework of equality legislation and policies. As opposed to an established Anglo-Saxon tradition of naming races and using racial categorisation to fight racism, most continental European countries resist this approach. This book investigates the problematic reception and elaboration of race as a socio-legal category in Europe. Fighting Discrimination in Europe takes a fresh and interdisciplinary look at the normative, theoretical and concrete problems raised by the challenge of devising and enforcing policies to combat race discrimination in Europe. It engages with the juridical and political spheres, from the international level down to concrete cases of state and city policies. As the multifaceted relationship between race, discrimination and immigration is explored, new normative positions and practical approaches are developed, and new questions raised. This collection presents important new research for academics, researchers, and advanced students of Ethnic Studies, Migration Studies, Legal Studies, Sociology, Anthropology, and Policy Studies. This book was originally published as a special issue of Ethnic and Racial Studies.


Equal in Law, Unequal in Fact

Equal in Law, Unequal in Fact

Author: Timo Makkonen

Publisher: Martinus Nijhoff Publishers

Published: 2012-01-06

Total Pages: 454

ISBN-13: 9004217061

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An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.


The Transformation of Labour Law in Europe

The Transformation of Labour Law in Europe

Author: Bob Hepple

Publisher: Bloomsbury Publishing

Published: 2009-09-02

Total Pages: 412

ISBN-13: 1847315356

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The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the building of welfare states; in the 1980s and 1990s they were the target of neo-liberal deregulation; and at the beginning of the 21st century new 'flexible' labour laws have attempted to integrate economic and social policy. This book, a sequel to 'The Making of Labour Law in Europe- A Comparative Study of Nine Countries up to 1945' (ed. B Hepple), compares the similarities and differences in the ways in which EU Member States reflected and shaped these general developments, in the context of economic, social and political changes over the period 1945-2004. Note: the Publishers are issuing a reprint of the first volume, 'The Making of Labour Law in Europe - A Comparative Study of Nine Countries up to 1945' to coincide with publication of the sequel. The great strength of the collection is on the focus on context, with chapters looking at developments in labour market trends and structures of worker represntation.


Racism and Equality in the European Union

Racism and Equality in the European Union

Author: Mark Bell

Publisher: Oxford University Press

Published: 2009-01-08

Total Pages:

ISBN-13: 0191559326

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The European Union has committed itself to combating racism as a general objective of law and policy. EU legislation requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday life, including employment, education, healthcare, and housing. Alongside legislation requiring action at national level, the EU institutions have also made periodic commitments to 'mainstream' racial equality: taking anti-racism objectives into account within all areas of EU law and policy. This book analyses the extent to which the objectives of combating racism and promoting ethnic equality have been effectively mainstreamed throughout a wide range of EU policy fields. It begins by considering what combating racism means in the contemporary context of the enlarged EU. Bell explores what mainstreaming ethnic equality objectives entails, and whether the priorities and instruments differ from those adopted in the earlier mainstreaming of gender equality, or those used on other discrimination grounds. The second part of the book examines the extent to which EU law and policy objectives have, in practice, been integrated, exploring the effects in the key areas of employment, social inclusion (including education, health and housing), immigration, and criminal law.