Academic literature on the topic 'Discrimination in housing, law and legislation'
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Journal articles on the topic "Discrimination in housing, law and legislation"
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Collins, William J. "The Political Economy of State Fair Housing Laws before 1968." Social Science History 30, no. 1 (2006): 15–49. http://dx.doi.org/10.1017/s0145553200013377.
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The combined influence of the Great Migration of African Americans and the civil rights movement propelled the drive for fair housing legislation, which attempted to curb overt discrimination in housing markets. This drive culminated in the federal Fair Housing Act of 1968. By that time, 57 percent of the U.S. population and 41 percent of the African American population already resided in states with a fair housing law. This article uses hazard models to analyze the diffusion of state fair housing legislation and to shed new light on the combination of economic and political forces that facilitated the laws' adoption. Outside the South, states with larger union memberships, more Jewish residents, and more NAACP members passed fair housing laws sooner than others. Including controls for a variety of competing factors does not undermine the estimates, and historical accounts of the legislative campaigns support the article's interpretation.
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Stork, Florian. "Comments on the Draft of the New German Private Law Anti-Discrimination Act: Implementing Directives 2000/43/EC and 2004/113/EC in German Private Law." German Law Journal 6, no. 2 (February 1, 2005): 533–48. http://dx.doi.org/10.1017/s207183220001378x.
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European Directives impose upon Germany the obligation to incorporate antidiscrimination provisions in its civil law. The anti-discrimination legislation is intended to provide effective civil law remedies against discrimination in everyday life by private persons, e.g. access to housing, restaurants and education. For the purposes of this article, discrimination may generally be defined as any treatment – including a refusal to deal with – by a private party that is less favorable than to another person and is conditioned upon a characteristic such as racial or ethnic origin, sex, etc.
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Clementi, N., and E. Dobrzynska. "Challenges faced by gender-variant people in receiving appropriate care and ways to improve their care and lives – A UK study." European Psychiatry 33, S1 (March 2016): S588—S589. http://dx.doi.org/10.1016/j.eurpsy.2016.01.2189.
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IntroductionIt is only in the last decade that trans people have been accorded rights and give protection in law from discrimination. A survey of 10,000 people undertaken by the Equality and Human Right Commission showed that 1% of the population was gender-variant to some extent. Gender-variant people continue to suffer restricted opportunities, discrimination and harassment at work despite the existence of anti-discrimination and equalities legislation. It is estimated that up to 40% of people with gender dysphoria may not be receiving appropriate help.ObjectiveReview of UK policies, guidelines, legislation and research on challenges faced by gender-variant people and ways to improve their care and lives.AimsTo improve gender-variant people access to care and ways to fight inequalities.MethodsMEDLINE, PsycINFO databases were searched for articles published between 2005–2015 containing the keywords “gender dysphoria”, “gender-variant people” and “transgender people”. Relevant policies, guidelines and legislations were also reviewed.ResultsTransgender people still face major health inequalities and discrimination. National statistics show that 80% have experienced harassment, 62% suffered discrimination at work or home and 54% reported being denied access to NHS care due to lack of cultural competency from staff. Guidelines, research, policies and equality legislation have begun to be implemented to protect transgender people from discrimination and accord rights.ConclusionsMany areas need attention and improvement including not only healthcare but also employment, education, housing and media perception. Promotion of equality in the general population with the aim of achieving cultural change and improvement of cultural competency of health professionals is needed.Disclosure of interestThe authors have not supplied their declaration of competing interest.
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Dallakyan, Lilit. "Prohibition of discrimination on the grounds of genetic characteristics in US legislation and judicial practice." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 1095–108. http://dx.doi.org/10.21638/spbu14.2021.418.
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The article examines current problems of discrimination on the grounds of genetic characteristics. For the first time, this problem was seriously raised by the scientific community in the USA, becoming a topic of debate and one of the areas of state legal policy. As a result, numerous laws were drafted and adopted both at the state and federal levels to prohibit disclosure of confidential human genetic information, as well as its misuse in areas of employment, insurance, education, housing, etc. The analysis of legislation and judicial practice has shown that the adopted measures have introduced common basic standards, according to which employment or promotion decisions should be based on qualifications and a person’s ability to perform a job, and not on the basis of presumed genetic factors that do not influence the effectiveness of their work at the current time. Insurance companies should take into account an individual’s current state of health, and the amount of rates and premiums should not be adjusted on the basis of predictive genetic information. Therefore, it is prohibited to discriminate on the basis of predictive genetic information and not on the basis of a pre-existing condition. The confidentiality of the results of genetic testing should be protected and the results of testing should not be disclosed to third parties (including insurance companies or employers). At the same time, federal genetic nondiscrimination law should not interfere with state laws that provide a higher level of protection against genetic discrimination, for example in housing, education, mortgages, etc.
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Krent, Mollie. "Remediating Racism for Rent: A Landlord’s Obligation Under the FHA." Michigan Law Review, no. 119.8 (2021): 1757. http://dx.doi.org/10.36644/mlr.119.8.remediating.
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The Fair Housing Act (FHA) is an expansive and powerful piece of legislation that furthers equal housing in the United States by ferreting out discrimination in the housing market. While the power of the Act is well recognized by courts, the full contours of the FHA are still to be refined. In particular, it remains unsettled whether and when a landlord can be liable for tenant-on-tenant harassment. This Note argues, first, that the FHA does recognize liability in such a circumstance and, second, that a landlord should be subject to liability for her negligence in such a circumstance. Part I illustrates how the purpose and text of the FHA and analogous civil rights provisions suggest that a landlord should be held liable for her response to tenant-on-tenant harassment. Part II analyzes the standards of liability for tenant-on-tenant harassment that currently exist in the context of the FHA. Part III argues that a negligence standard of liability best accounts for the special status of the home and the unique nature of the landlord-tenant relationship.
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Sidney, Mara S. "Images of Race, Class, and Markets: Rethinking the Origin of U.S. Fair Housing Policy." Journal of Policy History 13, no. 2 (2001): 181–214. http://dx.doi.org/10.1353/jph.2001.0006.
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As the first national law to address racial discrimination in housing, the 1968 Fair Housing Act was truly a landmark piece of legislation. It prohibited homeowners, real-estate agents, lenders, and other housing professionals from engaging in a range of practices they had commonly used to keep neighborhoods racially segregated, such as refusing to sell or rent to a person because of his or her race, lying about the availability of a dwelling, or blockbusting (inducing white owners to sell by telling them that blacks were moving into the neighborhood). The last of the 1960s-era civil rights laws, the Fair Housing Act tackled the arena long felt to be the most sensitive to whites. Intense controversy, demonstrations, and violence over fair housing issues had occurred in many cities and states since at least the 1940s. Although John F. Kennedy promised during his presidential campaign to end housing discrimination “with the stroke of a pen,” once elected, he waited two years to sign a limited executive order. In 1966, a fair housing bill supported by President Johnson failed in Congress. Unlike other civil rights bills, the issue of housing evoked opposition not just from the South but also from the North. Opponents claimed that it challenged basic American values such as “a man's home is his castle”; to supporters, the symbolism of homeownership as “the American Dream” only underscored the importance of ensuring that housing was available to all Americans, regardless of race.
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Cobb, Neil. "Patronising the mentally disordered? Social landlords and the control of ‘anti-social behaviour’ under the Disability Discrimination Act 1995." Legal Studies 26, no. 2 (June 2006): 238–66. http://dx.doi.org/10.1111/j.1748-121x.2006.00013.x.
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The 2004 decision of the Court of Appeal in Manchester City Council v Romano and Samari highlighted the unexpected impact of the Disability Discrimination Act 1995 (DDA) upon the control of anti-social behaviour by social landlords where that conduct is caused by a mental disorder. This paper positions the legislation against the backdrop of advanced liberal housing policy, and its concern with the management of risk and the fostering of individual responsibility among tenants. In particular, it explores the possible criticism that, by preventing landlords in certain circumstances from taking action against the mentally disordered on grounds of their anti-social conduct, the DDA patronises those individuals by denying them the opportunity to take responsibility for their actions.
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Bell, Mark. "Combating Racial Discrimination Through the European Employment Strategy." Cambridge Yearbook of European Legal Studies 6 (2004): 55–71. http://dx.doi.org/10.1017/s1528887000003578.
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During the last decade, the European Union has taken a variety of initiatives that together form a policy on combating racial discrimination. Understandably, legal academics have so far devoted greatest attention to the legislative initiatives, most notably, the EU Race Directive. The Directive is striking, both because of its broad material scope (covering areas such as employment, education, housing and healthcare), but also as a result of the new directions that it introduced into EU antidiscrimination law. Whilst it is certainly the centrepiece of EU anti-racism policy, it is part of a broader policy framework. This includes other, less auspicious legal instruments, as well as various public expenditure programmes. The EU Monitoring Centre on Racism and Xenophobia provides an institutional dimension to the anti-racism policy.
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Gorskaya, E. Yu. "The Legal Status of a Pregnant Woman: An Intersectoral Aspect." Lex Russica 76, no. 1 (January 20, 2023): 142–56. http://dx.doi.org/10.17803/1729-5920.2023.194.1.142-156.
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The paper is devoted to the analysis of family and demographic policy in the context of determining the legal status of a pregnant woman under the Russian legislation, as well as the impact of a set of social support measures on the attractiveness of having many children in family planning. The author states that the absence of an established form of a woman’s pregnancy certificate is a huge disadvantage, since the issuance of a document is a legal fact with which the law connects the emergence, modification and termination of legal relations, the basis when a woman acquires a special social and legal status of a subject with a privileged position, reflected in various branches of Russian legislation. The paper analyzes judicial practice regarding the filing of claims by men for compensation for moral damage in connection with the termination of pregnancy by women without reaching a general agreement on the issue of family planning. In the transport sector, there is no uniform practice of providing transportation services to pregnant women by airlines. Regarding the legislation on sports, the author draws attention to the fact that the hormone released in the pregnant woman’s body is deemed doping. However, restrictions on access to competitions are discrimination, so it is not uncommon for a pregnant woman to receive an Olympic gold medal being heavily pregnant. The state of pregnancy is also of legal importance for criminal legislation, since a significant number of criminal law norms take into account the special status of a pregnant woman as a characteristic of the defendant’s personality, as well as as a circumstance that gives great public danger when the victim is the expectant mother. The granting of a special privileged status to a pregnant woman is also subject to consideration in housing legislation: the expectant mother should have the right to additional state support, including in terms of meeting housing needs. The author summarizes that for the Russian legislator, a pregnant woman is unconditionally a value whose rights and interests are protected as much as possible. The principle of state support for motherhood is reflected in the entire system of Russian legislation.
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Bell, Mark. "Combating Racial Discrimination Through the European Employment Strategy." Cambridge Yearbook of European Legal Studies 6 (2004): 55–71. http://dx.doi.org/10.5235/152888712802759458.
Full textAbstract:
During the last decade, the European Union has taken a variety of initiatives that together form a policy on combating racial discrimination. Understandably, legal academics have so far devoted greatest attention to the legislative initiatives, most notably, the EU Race Directive. The Directive is striking, both because of its broad material scope (covering areas such as employment, education, housing and healthcare), but also as a result of the new directions that it introduced into EU antidiscrimination law. Whilst it is certainly the centrepiece of EU anti-racism policy, it is part of a broader policy framework. This includes other, less auspicious legal instruments, as well as various public expenditure programmes. The EU Monitoring Centre on Racism and Xenophobia provides an institutional dimension to the anti-racism policy.
Dissertations / Theses on the topic "Discrimination in housing, law and legislation"
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Dafel, Michael. "The constitutional rebuilding of the South African private law : a choice between judicial and legislative law-making." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285563.
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A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated constitutional norm. The second is for the judiciary to enforce an obligation upon Parliament to enact legislation to amend or replace existing private law rights and obligations so as to safeguard the norm against interference from a private individual or entity. The former is the more conventional option, but, in recent years, the law reports record an increasing reliance on the legislative duty to protect constitutional right norms in private legal relationships. The thesis investigates the extent to which the latter phenomenon - which will be described as a 'pivot towards legislative remedies' - exists, and the circumstances in which the courts pivot towards legislative remedies rather than developing private law of their own accord. The thesis finds that legislative schemes that give effect to constitutional rights are likely to contain an array of benefits that are absent from or reduced in the judicial law-making process. The judicial pivot towards legislative remedies is thus a strategy to enhance the process through which conflicting rights are resolved, as it allows for the constitutional rebuilding of private law in a way that the judiciary is unable to do on its own. Importantly, however, theories of judicial deference do not explain the pivot. On the contrary, the courts have exercised a strict level of control over the legislative law-making pathway. Through either statutory interpretation or the review of legislation, the courts require legislation to contain the essentials of the judicial law-making framework. From this perspective, the judicial law-making process produces the floor of the rebuilding project and the legislative law-making process enhances that framework.
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Rocha, Cristiano Silva da 1976. "Avanços e limites da regularização fundiária na Vila Brandina (Campinas - SP)." [s.n.], 2012. http://repositorio.unicamp.br/jspui/handle/REPOSIP/287279.
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Orientador: Claudete de Castro Silva VitteTese (doutorado) - Universidade Estadual de Campinas, Instituto de Geociencias
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Resumo: O objetivo desta tese foi contribuir na compreensão da produção do espaço urbano de Campinas, considerando os programas de regularização fundiária urbana no município, em especial no período de 1980 a 2010. O período escolhido compreende anos de crise econômica, de políticas neoliberais sucedidas por período recente de maior intervenção governamental no país, com algumas políticas voltadas ao atendimento de demandas históricas por parte das classes sociais mais vulneráveis. Na Vila Brandina, uma das mais antigas favelas de Campinas, realizamos um censo comunitário que serviu de base para os estudos da regularização fundiária na escala do lugar. A Vila Brandina apresenta um histórico de luta pelo direito à moradia, sendo uma das mais antigas ocupações do município. Ela é uma comunidade localizada em uma área que se valorizou sobremaneira na cidade de Campinas, mas é marcada por carências de alguns serviços e equipamentos públicos. O estudo apontou para a ineficácia das ações de regularização fundiária que se resumiram a ações pontuais e promessas não cumpridas pelo poder público. A partir das experiências selecionadas, a nossa tese é de que as políticas de regularização fundiária não tem sido capazes de garantir a efetivação do direito à moradia e o combate à segregação sócio-espacial. Para tanto fizemos o levantamento e a análise da legislação e dos instrumentos relacionados à questão e constatamos que, embora haja uma grande diversidade de projetos, programas e ações, esse conjunto não está sendo suficiente para garantir o pleno direito à moradia adequada das famílias moradoras de áreas irregulares e nem seu direito à cidade
Abstract: The purpose of this thesis was contribute in the understanding of urban space production of Campinas, considering the urban land regularization programs in the city, particularly in the period 1980 to 2010. The selected period comprises years of economic crisis, of neoliberal policies succeeded by recent period of greater government intervention in the country, with some policies aimed at meeting demands by the most vulnerable classes. In Vila Brandina, one of the oldest slums of Campinas, we conducted a community census, which was the basis for studies of land regularization in the scale of the place. The Village Brandina, one of the earliest occupations of the city, presents a history of struggle for housing rights. It is a community located in an area that has valued greatly in the city of Campinas, but is marked by shortages of some services and public facilities. The study pointed to the ineffectiveness of the actions of regularization, which were summarized by isolated actions, and unfulfilled promises, of the governments. From the experiences selected, our thesis is that the politics of land tenure has not been able to ensure the realization of housing rights and combat social and spatial segregation. To do so we did a survey and analysis of legislation and instruments related to the issue and we found that, although there are a wide variety of projects, programs and actions, this set is not sufficient to guarantee the full right to adequate housing of families living in areas irregular and his right to the city
Doutorado
Análise Ambiental e Dinâmica Territorial
Doutor em Geografia
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Atrey, Shreya. "Realising intersectionality in discrimination law." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:ff5720c2-d40f-4126-9a1e-3831e61f0986.
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The central aim of the thesis is to understand why intersectionality remains at the fringes of mainstream discrimination law and to provide an alternative vision to the dominant conception of single-axis discrimination. This aim is pursued by translating intersectionality theory into the conceptual and doctrinal precincts of comparative discrimination law of South Africa, Canada and the United Kingdom. The thesis is divided into three parts. Part One posits the framework of 'intersectional integrity' as forming the backbone of the category of intersectional discrimination. Its normative core insists on mapping the intersections between identities as creating unique and shared patterns of group disadvantage by considering people's identities as a whole. It is this bipartite framework against which the doctrine is considered. Part Two deals with the doctrinal limitations which impede a successful claim of intersectional discrimination. The comparative analysis fine-combs through the judicial interpretation to understand how it fares against the framework of intersectional integrity. The judicial strategies emerging from the doctrinal analysis are consolidated in the form of a graded spectrum which captures the proximity of each response from the category of intersectional discrimination. Beyond this conceptual reimagination, it also considers how other tools in discrimination law need to be recalibrated to accommodate an intersectional claim. These include the conception of equality and discrimination, the criteria for selection of analogous grounds, the understanding of indirect discrimination, the relationship between impact and justification analysis, apportioning the burden of proof and determining the standard of scrutiny. Part Three consolidates the normative insights emerging from the thesis. A restatement of the theoretical and doctrinal recalibrations helps imagine how a lawyer would walk through the labyrinth of discrimination law for realising a claim of intersectional discrimination.
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Oosthuizen, Tania. "Discrimination based on age in labour law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19484.
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This piece aims to prove that a compulsory retirement age can no longer be justified in South Africa as a constitutional state. In times where people are gradually reaching older ages due to advances in a variety of fields, it seemed that the concept of a compulsory retirement age requires an in depth consideration. This is especially measured against the backdrop of equality and discrimination legislation within The Republic of South Africa. The development of social security law provides the larger framework in which to understand the concept and intentions around retirement. Discrimination and equality legislation demonstrates that age as a listed ground for discrimination does not necessarily simplify the jurisprudence pertaining to it, especially where alternatives have been developed for continued employment. The main point of reference in the South African justice system concerning discrimination disputes is the Harksen v Lane test, whereas the principle encapsulated in Waco v Schweitzer, relates particularly to discrimination based on age. These judgements and subsequent application will be illustrated and considered during the course of this research. The influence of fund rules and fixed-term contracts on the situation will aim to show the reality of the situation. In an effort to show that the problem of an ageing workforce and retirement is not localised to South Africa, an international overview of other constitutional countries is included for context. The comparison goes further to include non-constitutional countries to illustrate the global issue. This comparison was also included in an effort to find alternative strategies that may be utilised in South Africa for retirement and age discrimination legislations and social policies.
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Klinth, Sandra. "Intersecting housing discrimination : A socio-legal study on the limits of Swedish anti-discrimination law." Thesis, Umeå universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-153903.
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This qualitative socio-legal study critically examined the protection against housing discrimination found in chapter 2 § 12 of the Swedish Discrimination Act (SFS 2008:567), in light of United Nations, Council of Europe and European Union housing and non-discrimination (human rights) standards. As an applied socio-legal study it aimed to be critical towards the limits of law in context. By applying an intersectional approach as the theoretical framework for the study, it aimed to identify legal weaknesses from an intersectional point of view. The study made use of a descriptive doctrinal analysis method and a critical text analysis method. The material for analysis consisted of civil housing discrimination law: legislation, preparatory works and case law. The case law, anonymized for this study, consisted of three district court judgments and three appeal court judgments processed during the years 2007-2016. The first research question asked what, if any, forms of intersectional discrimination the housing discrimination law face and comprise. The descriptive doctrinal analysis revealed that all cases shared the discrimination ground ‘ethnicity’ and discrimination form ‘direct discrimination’. The critical text analysis resulted in three themes illustrating intersectional discriminating facing the law: “aggressive men” (the intersection of sex and ethnicity), “resourceless women” (the intersection of sex, socio-economic class and ethnicity) and “unsettled strangers” (the intersection of socio-economic class and ethnicity). The second research question asked what, if any, the limits of law are from an intersectional point of view. By discussing the three themes in relation to the legal landscape and previous research it was possible to identify several limits of law relating to intersectionality, such as the exhaustive list of discrimination grounds, absent discrimination grounds and an absence of intersectional awareness. The study concluded that Swedish housing discrimination law rely on formal equality, which renders intersectional discrimination invisible and the power of housing human rights disputable.
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Pule, Sesinyi Edwin. "The enforcement of the right of access to adequate housing in South Africa: a lesson for Lesotho." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/d1016249.
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South Africa is one of the countries with a very horrifying history. However, in the dawn of democratic governance, a worldly admirable constitution was brought into picture. The 1993 and 1996 South African Constitutions entrenched an elaborate Bill of Rights with provisions empowering courts to grant “appropriate relief and to make “just and equitable” orders. Happily, the Bill of Rights included justiciable and enforceable socio-economic rights. Amongst them, there is a right of access to adequate housing, for which this work is about. South Africa is viewed as a country with developed jurisprudence in the enforcement of socio-economic rights, hence it has been used as a lesson for Lesotho. Lesotho is still drowning in deep blue seas on enforcement of socio-economic rights either because the constitution itself hinders the progress thereon or because the parliament is unwilling to commit execute to the obligations found in the socio-economic rights filed. This work scrutinizes many jurisdictions and legal systems with a view to draw lively examples that may be followed by Lesotho courts towards enforcing housing rights. Indian and South African jurisprudences epitomize this notion.
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Dlamini, David Vusi. "A comparative study of employment discrimination in South Africa and Canada." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/330.
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South Africa and Canada have emerged from a history fraught of inequalities, which were characterised by segregationist practices. Such inequalities have served as an epitome of discrimination taking place in the society and the workplace in both countries. Both South Africa and Canada had their discrimination affecting black peoples (Africans, Indians and Coloureds) and Aboriginal peoples (Indians, Inuits or Métis) respectively, women and people with disabilities. In both countries discrimination has polarised society. It is against this backdrop that both countries have attempted to eliminate unfair discrimination through the promulgation of relevant legislation that seeks to, inter alia, provide the regulatory framework in respect of employment discrimination. With the foregoing in mind, the purpose of this work is the provision of a selection of comparable aspects of employment discrimination in Canada and South Africa. This selection comprises discrimination on the basis of race, gender, sex, pregnancy, age and HIV/AIDS. The study uses, as its departure point, both countries’ constitutional framework to elicit the extent to which protection against unfair discrimination is extended to the workforce. Apart from looking at the constitutional provisions towards the elimination of unfair discrimination, reference is made to specific employment statutory provisions in order to provide a comprehensive and explicit picture of how workplace discrimination in both countries is regulated. The study focuses on substantive law from both countries about the above -mentioned aspects of discrimination. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of discrimination could lead to failure to achieve the objectives of the study. It also looks at specific Canadian and South African case law, judgments of the courts and jurisprudence in the field of employment discrimination in order that the reader is presented with a clearer picture of recent developments in addressing workplace inequalities.
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Warry, Christine Margaret. "Distinction and disparity : the rise of discrimination in British social security law." Thesis, University of Southampton, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340315.
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Voges, Sarah M. (Arisa). "Discrimination in the workplace." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52238.
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Thesis (MBA)--Stellenbosch University, 2001.Some digitised pages may appear cut off due to the condition of the original hard copy
ENGLISH ABSTRACT: The Employment Equity Act of 1998 compels organisations to eradicate all forms of discrimination in organisational processes and procedures. However, an ethical organisation that values and treats all employees in a fair and equitable manner has a definite strategic advantage and organisations therefore need to develop organisational cultures where managing diversity, fair dealing and equity are paramount. Organisations must ensure that optimum performance management practices are established and that rewards are allocated equitably and fairly according to merit. Recruitment and promotion selection procedures must be revised to guarantee fairness. Training and development interventions must be applied fairly to equalise opportunity. A survey conducted amongst MBA students at the USB identified that negative stereotyping and biased treatment persist in management practices. The provision of equal opportunities and managing diversity are concerns that need to be addressed. A good internal process to deal with the eradication of discrimination must be adopted by implementing a non-discrimination policy and conducting discrimination audits. All discrimination complaints must be dealt with speedily and at the lowest possible level. The remedial model developed in this technical report provides a consistent procedure whereby formal and informal complaints of discrimination could be dealt with fairly and effectively to assist organisations in eradicatinq discrimination in the workplace.
AFRIKAANSE OPSOMMING: Die Wet op Gelyke lndiensopneming van 1998 noodsaak die uitwissing van diskriminasie in alle prosesse en prosedures van organisasasies. 'n Etiese organisasie, wat alle werknemers op'n gelyke en gelykwaardige manier behandel en respekteer, het egter 'n strategiese voordeel en dit noodsaak die ontwikkeling van 'n organisatoriese kultuur waar die bestuur van diversiteit, gelyke regte en regverdige handel voorrang moet geniet. Optimale prestasiebestuurspraktyke moet ingestel word en daarvolgens moet alle vergoeding en beloning regverdig, volgens meriete, geskied. Die prosedures vir die keuring van kandidate vir werwing en bevordering moet vir die versekering van regverdigheid hersien word. Opleiding en ontwikkeling moet aangewend word om gelyke geleenthede vir almal te skep. 'n Steekproef wat onder huidige MBA-studente onderneem is, het getoon dat negatiewe stereotipering en bevooroordeling nog op 'n gereelde grondslag in bestuurspraktyke voorkom. Die verskaffing van gelyke geleenthede en die effektiewe bestuur van diversititeit is veral sake wat dringend aandag moet geniet. Dit is belangrik dat organisasies 'n goeie interne proses om diskriminasie uit te roei in werking stel deur die daarstelling van 'n nie-diskriminasie beleid en gereelde diskriminasie ouditte. Alle klagtes van diskriminasie moet spoedig en op die laagste moontlike vlak ondersoek word. Die remediërende model wat in hierdie navorsingsverslag ontwikkel is, verskaf 'n bestendige prosedure waarvolgens alle aantygings regverdig en doelmatig hanteer kan word.
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Louw, Jacobus Francois. "The right to adequate housing : making sense of eviction procedures in the context of rental housing after Ndlovu V Ngcobo." Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15600.
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Thesis (LLM (Law))--University of Stellenbosch, 2004.139 leaves printed on single pages, preliminary pages i-ix and numbered pages 1-130. Includes bibliography.
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ENGLISH ABSTRACT: South Africa must address the need for adequate housing. Since democracy in 1994, the government has promulgated a number of acts to achieve the goal of adequate housing for all. These include the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Rental Housing Act (RHA). The problem for the courts is knowing when to apply each act. To reach the goal embodied in the constitutional right of adequate housing for all, the government has invested R18 billion in housing since 1994. Despite this, the need for housing has escalated. The RHA, in which the legislature tried to create a balance between the rights of landlords and tenants, followed. This was done in order to alleviate some of the pressure to ensure access to land, which rests solely on the shoulders of the government. The legislature tried to create a sphere into which private investors would want to invest their money. A number of recent cases dealing with tenants who defaulted on their rentals and the landlord's capacity to effect eviction raised awareness about the existing inadequacies of the law in this particular field. In a Supreme Court of Appeal ruling, the court found that when a landlord wants to evict a defaulting tenant the time-consuming and costly procedure of PIE should be used. The assumption underlying this study is that PIE should not be applicable in cases of evicting a defaulting tenant. The rights and duties of the various parties involved in rental housing therefore need to be examined. The main aim is, however, to ascertain which procedure should be employed when obtaining an eviction order against a party holding over and what the effects are when the most appropriate eviction procedure is not used. A well-regulated relationship would ensure the best balance of interest for the landlord, tenant and the government by creating a market in which a landlord could make money out of letting and more tenants could obtain adequate housing through renting. A further assumption is that the rei vindicatio should be used when having a defaulting tenant evicted. It offers an alternative procedure that does not undermine the objectives of the housing legislation.
AFRIKAANSE OPSOMMING: Suid-Afrika ervaar tans 'n probleem met die verskaffing van behuising vir almal. Sedert die land se verwerwing van demokrasie in 1994 het die wetgewer 'n hele reeks wette aangeneem om die probleem op te los, ondermeer die Wet op Huurbehuising en die Wet op die Voorkoming van Onwettige Uitsetting en Onregmatige Okkupasie van Grond (hierna verwys as PIE). Die howe ondervind soms probleme wanneer daar bepaal moet word wanneer 'n spesifieke wet van toepassing behoort te wees en wanneer. Ten spyte van die R18 miljard wat die regering reeds bestee het aan armes sonder huise, het die getal mense wat sonder geskikte behuising woon gegroei. Die wetgewer het deur die promulgasie van die Wet op Huurbehuising gepoog om 'n mark te skep waarin daar behuising verskaf sal word in die vorm van huurbehuising. Terselfdertyd sal die privaatsektor baie nodige geld in die huurmark kan investeer. Onlangse regsspraak in die verband dui daarop dat daar nog baie leemtes bestaan veral met verwysing na uitsetting. Na 'n resente Appelhof beslissing sal die verhuurder van die meer tydrowende en duurder prosedures in PIE gebruik moet maak om 'n persoon uitgesit te kry. Die onderliggende aanname is dat PIE nie van toepassing behoort te wees wanneer 'n verhuurder 'n huurder wat agterstallig is met die huur wil uitsit nie. Die regte van beide huurder en verhuurder word gevolglik bestudeer. Die hoof-oogmerk van die studie is egter om vas te stel watter uitsettingsprosedure die beste sal wees en wat die gevolge sal wees indien die prosedure nie gebruik word nie. 'n Goed gereguleerde huurmark sal sorg dat huurders genoegsame beskerming geniet, dat die verhuurder geld sal kan maak uit die huurmark en dat die regering se druk tot 'n mate verlig word. 'n Verdere aanname is dat die prosedure vir die rei vindicatio die korrekte prosedure is om te gebruik om 'n huurder wat versuim om sy/haar huur te betaal uit te sit. Die rei vindicatio word gevolglik bestudeer en daar word getoon dat die prosedure aansienlik van die van PIE verskil. Dit bied 'n alternatief en is nie van so aard dat dit die behuisings wetgewing se oogmerke belemmer nie.
Books on the topic "Discrimination in housing, law and legislation"
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R, Belknap Michal, ed. Combatting housing discrimination. New York: Garland Pub., 1991.
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Schwemm, Robert G. Housing discrimination: Law and litigation. St. Paul, MN: West Group, 1990.
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Schwemm, Robert G. Housing discrimination: Law and litigation. New York, N.Y: C. Boardman, 1990.
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Fredman, Sandra. Discrimination law. Oxford [England]: Oxford University Press, 2002.
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Relman, John P. Housing discrimination practice manual. Deerfield, IL: Clark Boardman Callaghan, 1992.
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Kaine, Timothy M. Fair housing: Law manual. Richmond, Va: Virginia Dept. of Commerce, 1991.
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Kearney-King, Jan. Fair housing law: Application/investigation. 2nd ed. [United States]: Professional Housing Services, 1990.
Find full textBook chapters on the topic "Discrimination in housing, law and legislation"
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Petričević, Vanja. "Reassessing Compliance: Discrepancies in Application of EU Law." In Compliance Patterns with EU Anti-Discrimination Legislation, 1–12. New York: Palgrave Macmillan US, 2015. http://dx.doi.org/10.1057/9781137495198_1.
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Shah, Prakash. "Caste Discrimination Legislation: Implications for Business, Employers and Organizations." In Against Caste in British Law: A Critical Perspective on the Caste Discrimination Provision in the Equality Act 2010, 64–82. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1007/978-1-137-57119-9_4.
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Stahl, Bernd Carsten, Doris Schroeder, and Rowena Rodrigues. "Unfair and Illegal Discrimination." In Ethics of Artificial Intelligence, 9–23. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-17040-9_2.
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AbstractThere is much debate about the ways in which artificial intelligence (AI) systems can include and perpetuate biases and lead to unfair and often illegal discrimination against individuals on the basis of protected characteristics, such as age, race, gender and disability. This chapter describes three cases of such discrimination. It starts with an account of the use of AI in hiring decisions that led to discrimination based on gender. The second case explores the way in which AI can lead to discrimination when applied in law enforcement. The final example looks at implications of bias in the detection of skin colour. The chapter then discusses why these cases are considered to be ethical issues and how this ethics debate relates to well-established legislation around discrimination. The chapter proposes two ways of raising awareness of possible discriminatory characteristics of AI systems and ways of dealing with them: AI impact assessments and ethics by design.
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Szmukler, George, and John Dawson. "Reducing Discrimination in Mental Health Law - The ‘Fusion’ of Incapacity and Mental Health Legislation." In Coercive Treatment in Psychiatry, 97–119. Chichester, UK: John Wiley & Sons, Ltd, 2011. http://dx.doi.org/10.1002/9780470978573.ch7.
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Shah, Prakash. "Religion, Caste and Race: The Moral Basis of Anti-Caste Legislation." In Against Caste in British Law: A Critical Perspective on the Caste Discrimination Provision in the Equality Act 2010, 14–43. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1007/978-1-137-57119-9_2.
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Pantano, Fabio. "Anti-discrimination Law and Limits of the Power of Dismissal: A Comparative Analysis of the Legislation and Case Law in the United States and Italy." In General Principles of Law - The Role of the Judiciary, 193–213. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-19180-5_10.
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Hahs, Jenny. "From Geneva to the World? Global Network Diffusion of Antidiscrimination Legislation in Employment and Occupation: The ILO’s C111." In Networks and Geographies of Global Social Policy Diffusion, 195–225. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83403-6_8.
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AbstractThe adoption of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) marked ILO’s first endorsement to universal non-discrimination and an early equal opportunity approach at work. Albeit considered to be premised upon “a traditional, formal-equality and formal-workplace vision of antidiscrimination law,” the convention marked a genuine new strand in international standard-setting in the Post-World War II and Philadelphia Declaration time. However, due to the implicit formal vision, it is assumed that ratification was more attractive and more feasible for countries of the Global North first. Following, this behavior diffused through colonial ties time-varying toward the Global South. Whether this assumption holds will also be studied regarding the moderating effects of networks of culture, trade, and regional proximity.
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"Anti-discrimination legislation: towards an evaluation." In Housing, Race and Law, 395–425. Routledge, 2002. http://dx.doi.org/10.4324/9780203032428-23.
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Hearne, Rory. "Homelessness: the most extreme inequality." In Housing Shock, 45–68. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781447353898.003.0003.
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This chapter shows the devastating human impacts of Homelessness. It details the trauma it causes children and describes it as a form of ‘structural violence’. It details the changing nature of homelessness and emergence of new family homelessness, as well as highlighting the wider lack of social housing and the centrality of social housing in providing a home for those on low incomes and in vulnerable situations. It details the structural causes of homelessness and challenges the ‘within person’ explanations of homelessness. It also shows the increase in homelessness in recent years has also seen a corresponding increase in expenditure on the provision of homelessness services rather than prevention. It looks at discrimination in housing – and state responses through the housing assistance ground in the new Equality Legislation and its impact. It details how the new form of homeless accommodation for families, Family Hubs are institutionalising women and children.
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"Anti-discrimination legislation." In Essential Employment Law, 79–122. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843142591-6.
Full textConference papers on the topic "Discrimination in housing, law and legislation"
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Prameswari, Zendy, and Dwi Kristianti. "Non-Discrimination Principle In The Indonesian Legislation Concerning Children." In International Conference on Law, Governance and Globalization 2017 (ICLGG 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclgg-17.2018.41.
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JAFAR, MOHAMMED. "Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp65-84.
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The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.
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Milosavljevic, Miroslav, and Jelena Milosavljevic. "PROFESIONALNO UPRAVLjANjE STAMBENIM ZAJEDNICAMA - NOVA USLUŽNA DELATNOST PRIVREDNIH SUBJEKATA U REPUBLICI SRBIJI." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.423m.
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Two years ago, the Law on Housing and Maintenance of Buildings was adopted, which contains several new solutions that did not exist in the current Serbian legislation. One of these newspapers is the introduction of professional housing managers, who carry out a number of services to housing communities, regardless of whether the buildings are registered or not in the real estate register, and regardless of whether they were, possibly, built contrary to the law on planning and construction, since they have acquired the status of a legal entity by their very existence, on the day the Law enters into force. In business practice, there are more doubts about how to apply the regulations pertaining to this area, as there is no previous experience. For the above reasons, the authors decided to approach the discussion of the topic, first of all by defining the concept and legal position of the professional manager, determining the conditions for its appointment, and the role in maintaining buildings, etc., analyzing the newly adopted law and accompanying regulations. At the end of the work, an appropriate conclusion is given, which, hopefully, will help to properly apply the existing normative solutions in practice.
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Hamah Saeed, Tahseen. "Assumptions and legal and political intellectual principles of positive discrimination of women and their application to the laws in force in the Kurdistan region." In REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp149-170.
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"This research enters into the field of philosophy of law. He investigated it about the positive differentiation of women in legal thought. After defining the assumptions of the concept, such as the necessity to distinguish between formal equality, and real equality, because positive differentiation is a privilege given to the disadvantaged as if it appears to create inequality, and it is formed until it compensates them with the forbidden, which was practiced before and is now practiced. And that positive differentiation is not only concerned with women but also with all other disadvantaged groups, such as minorities, children and the elderly, even if the female component is more visible. So it entered into the global legislative policy, whether in international law or in national law, so would hold international agreements, hold conferences and establish international organizations for that. Positive differentiation is considered a subsidiary legal principle and complementary to the principle of equality and fairness, and for this existence is related to the existence of that principle, and it is known that the principle are not often written in legislation, but the legislator must take them into account when setting legal rules. Positive the positive differentiation as a legal principle that is observed in global legislation, and the legislator in the Kurdistan region of Iraq tried to observe the principle at a time when the federal legislator did not pay much attention to the principle, and this legislative policy in the region is more in line with the global legislative policy, and this is why the Kurdistan legislator tried to repeal or amend federal law Or legislate new laws in implementation of the principle that fall within its powers, so the anti-family violence law is a perfect example of this, which has no parallel in Iraq so far."
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Fatai Ogunbayo, Babatunde, Clinton Aigbavboa, Didi Thwala, Opeoluwa Akinradewo, and Olusegun Oguntona. "Institutional Evaluation of Public and Private Partnerships Relevant Contributions to Housing Delivery System." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002374.
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Housing provision through institutional contributions has helped Public-Private Partnerships (PPPs) provide a sustainable strategy for promoting and accelerating housing development for national development and growth. This study aimed to evaluate the relevant contribution of institutions involved in the PPPs housing delivery system using Lagos State, Nigeria as a case study. A systematic random sampling method was used, and questionnaires were distributed to 124 professionals in government and private institutions that participate in the PPPs housing delivery system. The result indicated that the relevant contribution of the public institution is majorly land and site and services, while its fragility includes bad administration, lacking a good financial base, and capacity to absorb risk factors. On the other hand, a private institution provides a good financial base, equipment, labour, and plant with good management responsibility and ready to absorb risk. While factors such as unstable government policy and economic conditions affect private institutions in the PPPs housing delivery system. The study recommended that for public and private institutions to annex the benefit of contributing to the PPPs housing delivery system, the government needs to repeal the present act of law such as the 1978 land use act through an act of legislation, in order to provide easy access to land for investors and to improve on its site and services by making necessary provision like access road, electricity, drainage, good layout drawing early before the commencement of future PPPs housing project.
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Planojević, Nina. "IZABRANI UPRAVNIK STAMBENE ZGRADE U NOVIM SRPSKIM PROPISIMA." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.449p.
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The subject of the author’s reflections is the provisions of the new Serbian Law on housing and building maintenance related to the managing of residential buildings by selected managers. The paper is divided into eight parts in which the author presents the overview, analysis and critical review of the following issues – the concept, jurisdiction and the methods of managing the residential buildings; - mandatory nature and members of selected governing body; - selection, personal qualifications, mandate, jurisdiction of the building manager and the termination of his mandate; and – procedures in the situation when the residential building assembly has not selected a building manager. In concluding remarks, the author points to advantages and disadvantages of the new legislation provisions presenting the suggestions for their correction.
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Žárská, Elena. "Nový nástroj pre miestny rozvoj v Slovenskej republike." In XXIII. mezinárodní kolokvium o regionálních vědách / 23rd International Colloquium on Regional Sciences. Brno: Masaryk University Press, 2020. http://dx.doi.org/10.5817/cz.muni.p210-9610-2020-23.
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In order to address the coherence between intensive construction by development companies and the need for capacity building of the corresponding infrastructure, which is by law provided by the municipality, a new act of legislation was adopted in the Slovak Republic with effect from 1 January 2016. The Local Development Fee Act is meant to be a tool that would enable funding and support building of civic infrastructure and amenities. The aim of the paper is to analyze how the fee was implemented in municipalities. Due to its facultative character - the municipality may or may not adopt it by a generally binding regulation (local ordinance) - it can be assumed that it has been implemented first in larger towns and cities and/or municipalities within the metropolitan areas of these cities. This is where the most intensive residential housing construction takes place. Small municipalities and peripheral municipalities would arguably not apply it, as it could eliminate the interest in housing construction in their territory. Their aim is to retain or attract new residents and investors. To verify this, two hypotheses are set: 1. The local development fee has been implemented by large towns and municipalities in their metropolitan areas. 2. Boroughs of Bratislava applied the maximum amount stipulated by law when levying the fee. The results of the research brought confirmation of the hypotheses as well as some interesting facts.