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Journal articles on the topic 'Discrimination in housing, law and legislation'
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1
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.
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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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ZAITCEVA, LARISA V., and TATYANA V. LUZINA. "LABOR LEGISLATION AS A TOOL FOR ENSURING MIGRATION SAFETY." Proceedings of the Institute of State and Law of the RAS 14, no. 5 (December 12, 2019): 168–95. http://dx.doi.org/10.35427/2073-4522-2019-14-5-zaitceva-luzina.
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The labor legislation may have an impact on the level of migration safety in the country. On the one hand, it provides conditions for improvement of the labor force mobility domestically through the establishment of guarantees and compensations due to relocation to another region. On the other hand, the labor legislation ensures control over legal external labor migration and protects internal labor market against illegal migrants and social damping in respect of labor conditions through the establishment of special diferentiation of legal regulation of labor of foreign citizens and individuals without citizenship.Russia demonstrates a traditionally low level of internal labor mobility, the fact that results in preservation of localization of regional labor markets and prevents from efficient usage of labor force. The main challenges in this area are the matters related to provision of housing for displaced persons which is beyond the scope of regulation by the labor legislation.The legal instruments ensuring the exercise of temporary internal labor mi gra-tion are associated with such forms of labor organization as work on a rotational basis, seasonal work, and outstaffing. Remote working can be roughly attributed to such forms.In the Russian Federation citizens still face an employment problem if they do not have registration at their place of residence. The regulations of the labor legislation on prohibition of discrimination, inter alia, based upon place of residence, availability or lack of registration at one’s place of residence as well as regulations on administrative liability for the respective acts serve as sufficient legal remedies against illegal refusal to recruit. The problems of efficiency of such remedies are to a large extent linked to procedural aspects — dissemination of general rules for the shared burden of proof on disputes on discrimination in labor sector.The issues of external migration are governed primarily by the standards of ad mi nistrative law. The labor legislation regulates labor relationships with the participation of foreign citizens and individuals without citizenship and establishes features for regulation of their labor not forming discrimination. Along with this, there are problems to be resolved. The following can be identified. The regulations of the Labor Code of RF governing features for temporary transfer of foreign employees and the related additional grounds for termination of labor contract bring instability into such labor relationships and provide a context for abuses on the part of employer. Regardless the fact that the legislation doesn’t prohibit remote working for foreign citizens, the Ministry of Labor and Social Security of RF considers it impossible to conclude an employment contract on remote working with a foreign employee residing abroad. Moreover, the Russian legislation doesn’t provide for a possibility to conclude an employment contact in the languages of both parties as stipulated in Guidelines No.86 of the International Labor Organization "On migrant workers" (revised in 1949).It is necessary to continue improving the labor legislation for the purposes of facilitating internal labor mobility, protecting employees against discrimination and malpractices of socio-labor damping.
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Buniak, Daria. "The Role of Anti-Discrimination Principle in Establishing and Implementation of the Right to Freedom of Movement and Labor Rights of People with HIV-Positive Status: a Comparative Analysis." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2021, no. 1 (May 19, 2021): 73–87. http://dx.doi.org/10.21603/2542-1840-2021-5-1-73-87.
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In the era of global epidemic, the mechanism of HIV transmission still remains a subject of urban legends. HIV-positive patients are stigmatized in all aspects of life, including access to health services, housing, education, and employment. The article covers the legislation and practice that can affect the rights of HIV-positive people in countries that belong to different models of human rights. The author focused on the principle of non-discrimination and its role in the regulation of the rights of HIV-positive citizens. When it comes to human rights in healthcare, the state should have limited "margin of appreciation", especially if there is no international consensus, and response adequately to relevant questions, e.g. about the difference between the legal status of citizens and foreigners. The research objective was to reveal the importance of new scientific data for legislators and law enforcement agencies in different countries. The author believes that an international dialogue could help states to cooperate in order to guarantee people their rights. Public opinion cannot influence the constitutional right on fair treatment.
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Epstein, Richard A. "SHOULD ANTIDISCRIMINATION LAWS LIMIT FREEDOM OF ASSOCIATION? THE DANGEROUS ALLURE OF HUMAN RIGHTS LEGISLATION." Social Philosophy and Policy 25, no. 2 (June 2, 2008): 123–56. http://dx.doi.org/10.1017/s0265052508080217.
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This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship (employer, not employee; landlord, not tenant) is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities (as in cases involving the NAACP or the Boy Scouts), but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws.
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Davey, Martin. "Legislation: The Housing Act 1988." Modern Law Review 52, no. 5 (September 1989): 661–82. http://dx.doi.org/10.1111/j.1468-2230.1989.tb02621.x.
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Markevičienė, Jūratė. "PROTECTION OF HUMAN RIGHTS TO THE CITY AND PRESERVATION OF HISTORIC URBAN LANDSCAPES: WAYS TO COHERENCE." JOURNAL OF ARCHITECTURE AND URBANISM 35, no. 4 (December 31, 2011): 301–9. http://dx.doi.org/10.3846/tpa.2011.32.
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Presuming that principles of international law reflect common values and moral attitudes of the humankind, the author analyses a mutual dissociation of three fields of international law – human rights to the city, rights to cultural heritage, and preservation of historic urban landscapes (HULs) – and looks for legal models of their cohesion. Based on analysis of legal and doctrinal texts of the UN, the UNESCO, the UNECE, the Council of Europe and the ICOMOS, the author states that since historic HULs usually are both heritage sites and habitats, people related multichotomous values and interests to them. Human rights to the city are equality, non-discrimination, social cohesion, security, protection for vulnerable persons and groups, right to public mobility, housing, education, healthy environment, etc. Legislation on culture and heritage is focusing on cultural identity, diversity, and continuity; it is paying less attention to human, civil, and communal rights, therefore may even pose a threat to them. The conventions cause this mutual dissociation less than confrontations while implementing. Next, issues of HULs usually are trans-sectorial, soluble on macro-levels, and located outside protected areas. However, on these macro-levels of development heritage tends to be treated as “marginal”, “out of system”, and might be perceived as excess activities, causing restrictions for other vital interests of communities and individuals. Social activities for cultural sustainability create tensions between communities and developers. Globalization pressures strengthen this tendency. Under such situation, heritage preservation may even threaten other human rights. On the other hand, HULs – due to their eco-cultural qualities – can sustain human well-being, dignity, and the right to life. These urban areas tend being sociopetal, coherent, and sustaining face-to-face interactions in a familiar and secure environment. Due to an important added value, created by them, integrated legislation has a huge cross-sectional potential for preservation and continuity of HULs’ in the context of human rights to the city. The new legal instruments that entered into force in 2011 – The UNESCO Recommendation on Historic Urban Landscapes and The Council of Europe Faro Convention – might be used as prototypes for cohesion of these and similar human rights. Santrauka Vadovaudamasi prielaida, kad tarptautinės teisės principai išreiškia bendrąsias žmogaus vertybes ir žmonijos etines nuostatas, autorė nagrinėja trijų naujų šios teisės šakų – žmogaus teisių į miestą, į kultūros paveldą ir istorinių miestovaizdžių(IM) išsaugojimo – tarpusavio atskirties priežastis ir ieško galimų kelių sanglaudos link. Remiantis JTO, UNESCO, JTEEK, Europos Tarybos, ICOMOS teisinių bei doktrininių tekstų analize teigiama, kad istoriniai miestai yra paveldas ir žmogaus būstas, todėl su jais siejasi alternatyvios vertės, interesai. Žmogaus teisės į miestą yra lygybė, nediskriminavimas, socialinė sanglauda, saugumas, pažeidžiamųjų globa, teisė į judumą, būstą, švietimą, sveiką aplinką. Kultūros ir paveldo teisėje svarbu tapatumas, įvairovė, tęstinumas, tačiau mažiau rūpi bendresnės žmogaus ir bendruomenių teisės. Atskirtį skatina ne tiek pačios konvencijos, kiek jų įgyvendinimas konfliktiškai supriešinant. Be to, IM problemos yra tarpsektorinės, makrolygmens, o išsaugojimo sprendimai glūdi anapus saugomų teritorijų. Tačiau šiuo vystymo lygmeniu paveldas dažnai laikomas „šalutiniu“, „nesisteminiu“ dalyku, o jo apsauga – pertekline veikla, varžančia gyvybiškus bendruomenių ir individų interesus. Visuomenės pastangos palaikyti tvarų kultūrinį vystymąsi susilaukia plėtros verslo pasipriešinimo. Tendenciją stiprina su globalizavimu susiję spaudimai. Dėl viso to paveldo apsauga gali netgi grėsti kitoms žmogaus teisėms. Kita vertus, IM dėl savo ekokultūrinių savybių gali palaikyti gerovę ir užtikrinti žmogaus orumą ir teisę gyventi – yra socialiai palankūs, skatina sanglaudą, saugumą, bendruomeniškumą ir bendravimą. Taip istoriniai miestai gali sukurti reikšmingą pridėtinę vertę. Todėl vienas bendras teisynas turi didžiulį tarpsektorinį potencialą IM integralumui išsaugoti, tęstinumui užtikrinti žmogaus teisių į miestą kontekste. 2011 m. įsiteisėjusios priemonės visų šių žmogaus teisių sanglaudai yra UNESCO rekomendacija dėl IM ir ET Faro konvencija.
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Lyne, Brooke. "Housing Law Judicial Review: Discrimination Cases and Access to Housing." Judicial Review 24, no. 3 (July 3, 2019): 197–204. http://dx.doi.org/10.1080/10854681.2019.1659033.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 4 (February 12, 2016): 0. http://dx.doi.org/10.17159/1727-3781/2015/v18i4a602.
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This edition of PER consists of one oratio, 13 articles and one book review dealing with a variety of themes.The first contribution is an oratio delivered by Lourens du Plessis at a colloquium hosted by the Faculty of Law, University of the Western Cape, on 2 October 2015 to celebrate his life and work, in which he aptly refers to himself as a "learned jackal for justice".The first of the 13 articles is by Lonias Ndlovu, who uses the 2013 Supreme Court of India case of Novartis AG v Union of India to argue for legislative reform by SADC members in the granting of patents for new versions of old medicines. Secondly, Lunga Siyo and John Mubangizi consider whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges, which is fundamental to democracy.Leah Ndimurwimo and Melvin Mbao trace the root causes of Burundi's systemic armed violence and argue that despite several UN Security Council Resolutions and peace agreements aimed at national reconciliation and reconstruction, mass killings and other heinous crimes remain unaddressed. In the fourth place, Marelize Marais and Jan Pretorius present a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act). Phillipa King and Christine Reddell discuss the pivotal role of the public in water use rights, especially in the context of theNational Water Act 36 of 1998 in the fifth article. The difficulties surrounding the tripartite scheme of statutory, constitutional and living law in a pluralistic system such as South Africa are the focus of the article by Rita Ozoemena. She uses the case of Mayelane v Ngwenyama 2013 4 SA 415 (CC) as an example to illustrate the difficulties experienced in trying to balance this scheme. Angela van der Berg critically discusses and describes from a legal perspective the potential and function of public-private partnerships (PPPs) between local government (municipalities) and the private sector in fulfilling the legally entrenched disaster management mandate of municipalities. André van der Walt and Sue-Mari Viljoen argue that there are sound theoretical and systemic reasons why it is necessary to keep in mind the differences between property, land rights and housing rights when analysing, interpreting and applying any of these rights in a specific constitutional text. The special procedural measures which must be considered in terms of the Consumer Protection Act 68 of 2008 in order to decide if a contract is procedurally fair are analysed by Philip Stoop in his article. Liz Lewis also scrutinises the judicial development of customary law in the case of Mayelane v Ngwenyama 2013 4 SA 415 (CC). She pleads for a judicial approach which take cognisance of the norms and values with reference to their particular context and audience instead of those embedded in international and western law. Water security, which is dealt with by Ed Couzens, remains a highly topical theme in a country such as South Africa. He explores ways to circumvent the effects of the Constitutional Court in Mazibuko v City of Johannesburg 2010 4 SA 1 (CC) with regard to the allocation of water to the poor. Izelle du Plessis discusses some of the existing opinions regarding the incorporation of double taxation agreements into the domestic law of South Africa. Last, but not least, Koos Malan deliberates on the rule of law and constitutional supremacy and comes to the conclusion that they are, from the perspective of the factual dimension of the law, more susceptible to the volatility of unpredictable changes and instability than the doctrine of the rule of law and constitutional supremacy purport them to be.In the last contribution to this edition, Robbie Robinson reviews the book "International Law and Child Soldiers" written by Gus Waschefort and published by Hart Publishing (Oxford) in 2015. He is of the opinion that the book is asine qua non for studies of children in international law.
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Thornton, Margaret. "Domesticating Disability Discrimination." International Journal of Discrimination and the Law 2, no. 3 (March 1997): 183–98. http://dx.doi.org/10.1177/135822919700200303.
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This paper presents a brief overview of disability discrimination legislation in Australia over the last two decades. The documentation of the Australian experience may he of interest to jurisdictions contemplating such legislation. Although a raised social consciousness concerning disability has engendered remedial and prophylactic developments a simple progressivist thesis has to he rejected because antidiscrimination legislation is also sensitive to less positive social moods. Despite the appearance of sophisticated models of legislation during the last decade, die conservative political mood of the 1990s has seen a growing ambivalence about the extent of support for progressive social measures, mirroring trends in other pails of the world. The ambivalence subtly ensures that a line of demarcation between the norm and the ‘other’ remains.
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Balanovskiy, Aleksandr A. "Apartment Block Management by a Housing Cooperative: Law Improvement Areas." Family and housing law 6 (December 10, 2020): 32–36. http://dx.doi.org/10.18572/1999-477x-2020-6-32-36.
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This article deals with the regulation of public relations that are developing regarding the management of an apartment building by housing, house-building cooperative. Based on the analysis of Russian legislation on housing and house-building cooperative, attention is drawn to the legal gaps in housing legislation related to the management of multi-apartment housing, house-building cooperative, which is one of the important problems of housing, house-building cooperative, as well as ways to solve them.
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Feldman, David. "PROPORTIONALITY AND DISCRIMINATION IN ANTI-TERRORISM LEGISLATION." Cambridge Law Journal 64, no. 2 (July 7, 2005): 271–73. http://dx.doi.org/10.1017/s0008197305226867.
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Meenan, Helen. "Age Discrimination: Law-Making Possibilities Explored." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 247–92. http://dx.doi.org/10.1177/135822910000400303.
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Is there a sound model for the United Kingdom (UK) to adopt should it decide to legislate against age discrimination in employment? In this article the writer attempts to answer this question first, by outlining existing UK sex and race discrimination laws and then progressing to an examination of long-standing American legislation and caselaw in this area. Finally, it explores the Irish Employment Equality Act, 1998, a composite and comprehensive act which prohibits discrimination in employment based on ‘age’ and eight other grounds. The strengths and weaknesses of each of these laws are examined in turn and measured against each other. The final analysis would suggest that each of these models can usefully inform any future law-making process to a greater or lesser degree and that good practice and legislation can co-exist in harmony. Moreover, the present lack of legislation in the UK against age discrimination in any area but especially employment, is remarkable when compared with British laws on sex and race discrimination and is ultimately unwise in the face of the real need for remedies and, the present and growing expansion in numbers of that portion of the population and the working population which British and European society call ‘old.’
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Carmona Cuenca, Encarna. "Derechos sociales de prestación y obligaciones positivas del Estado en la jurisprudencia del Tribunal Europeo de Derechos Humanos // Social Rights of assistance and positive obligations of the State in the case-law of the European Court of Human Rights." Revista de Derecho Político 1, no. 100 (December 20, 2017): 1209. http://dx.doi.org/10.5944/rdp.100.2017.20731.
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Resumen:El Convenio Europeo de Derechos Humanos no reconoce expresamente los derechos sociales de prestación (a excepción del derecho a la educación). A pesar de ello, el Tribunal de Estrasburgo ha realizado una interpretación extensiva de los derechos civiles y políticos reconocidos para incluir, de diversas formas, la protección de aquellos derechos. Una de las técnicas utilizadas ha sido la doctrina de las obligaciones positivas del Estado. Aunque el Tribunal ha aplicado esta doctrina, fundamentalmente, a los derechos civiles y políticos, podemos encontrar algunas resoluciones en las que establece determinadas obligaciones positivas estatales para proteger derechos como la protección de la salud, la vivienda, la protección social o la protección de las personas con discapacidad. En general, se trata de reconocimientos generales y poco concretos pero, en algunos casos, ha detallado cuáles son estas obligaciones. Esto lo ha hecho, en primer lugar, en casos en que se habían producido daños cuya responsabilidad era directa o indirectamente del Estado. En segundo lugar, cuando se trataba de personas que se encontraban bajo la tutela del Estado, como las personas detenidas o internas en prisiones. Y, en tercer lugar, cuando los afectados eran personas especialmente vulnerables (discapacitados o pertenecientes a la minoría gitana). Aunque se trata de una interpretación incipiente y poco desarrollada, muestra un camino en el que se debería profundizar en el futuro. Es generalmente admitido que son los Estados quienes deben tener la iniciativa en el diseño y establecimiento de los derechos sociales de prestación pero, en caso de conductas y omisiones estatales manifiestamente contrarias a los estándares internacionales, el Tribunal Europeo debería obligar a los Estados mediante sus sentencias a dictar una legislación o establecer políticas que hagan efectivos estos derechos.El artículo consta de una introducción, cuatro epígrafes de contenido y una conclusión final. En el segundo epígrafe se aborda la cuestión de la problemática justiciabilidad de los derechos sociales de prestación. En el tercero se hace referencia a la doctrina de las obligaciones positivas del Estado en la jurisprudencia del TEDH. En el cuarto se apuntan las principales técnicas que ha utilizado el TEDH para proteger los derechos sociales de prestación y, en particular, la extensión del contenido de algunos derechos civiles y políticos. En el quinto epígrafe se analiza cómo se ha utilizado la técnica de las obligacionespositivas del Estado en la protección de los derechos sociales de prestación y, en concreto, del derecho a la protección de la salud y del derecho a la vivienda.Summary:1. Introduction. 2. The social rights of assistance and its problematic justiciability. 3. The positive obligations of the state in the case lawof the ECtHR. 4. The protection techniques of the social rights of assistance in the case law of the ECtHR. 4.1. General approach. 4.2. Application of the prohibition of discrimination of article 14 ECtHR to certain social benefits. 4.3. Extension of the content of several rights recognized in the Convention. 5. In particular: the protection of social rights of assistance through the doctrine of the positive obligations of the state. 5.1. The right to health protection. 5.2. Theright to housing. 6. By way of conclusion.Abstract:The European Convention on Human Rights does not expressly recognize any social rights of assistance (except the right to education). In spite of this, the Strasbourg Court has made a broad interpretation of recognized civil and political rights to include, in different ways, the protection of those rights. One of the techniques used by the Court has been the doctrine of the State's positive obligations under the ECHR. Although the Court has essentially applied this doctrine to the civil and political rights, we can find some resolutions in which it establishes certain positive state obligations to protect rights such as protection of health, housing, social benefits or protection of people with disabilities. Generally, these are general and not very specific recognitions, but in some cases, they have detailed what these obligations are.Firstly, this has been done in cases where there was damage which was directly or indirectly the responsibility of the State. Secondly, regarding people who were under the protection of the State, such as persons detained or interned in prisons. And, thirdly, when those affected were particularly vulnerable (disabled or belonging to the Roma minority). Although it is an incipient and underdeveloped interpretation, it shows a way in which should be further deepened. It is generally accepted that it is the States that must take the initiative in designing and establishing social rights of assistance but, inthe case of state conduct and omissions that are manifestly contrary to international standards, the European Court should oblige States with their judgements to enact legislation or develop policies to give effect to these rights.The article consists of an introduction, four content epigraphs and a final conclusion. The second section deals with the question of the problematic justiciability of social rights of assistance. The third refers to the doctrine of the positive obligations of the State in the Case Law of the ECtHR. The fourth section outlines the main techniques used by the ECtHR to protect the social rights of assistance and, in particular, expanding the scope of some civil and political rights. The fifth section analyzes the use of the technique of positive obligationsof the State in the protection of social rights of assistance and, in particular, the right to protection of health and the right to housing.
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Berry, Megan C., and Richard L. Wiener. "Exoffender housing stigma and discrimination." Psychology, Public Policy, and Law 26, no. 2 (May 2020): 213–32. http://dx.doi.org/10.1037/law0000225.
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Silver, Hilary, and Lauren Danielowski. "Fighting Housing Discrimination in Europe." Housing Policy Debate 29, no. 5 (February 14, 2019): 714–35. http://dx.doi.org/10.1080/10511482.2018.1524443.
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Hamilton, Jennifer. "‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 203–45. http://dx.doi.org/10.1177/135822910000400302.
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Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities. The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage. Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.
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Abravanel, Martin D. "Public knowledge of fair housing law: Does it protect against housing discrimination?" Housing Policy Debate 13, no. 3 (January 2002): 469–504. http://dx.doi.org/10.1080/10511482.2002.9521451.
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Campbell, Tom D. "Mental Health Law: Institutionalised Discrimination." Australian & New Zealand Journal of Psychiatry 28, no. 4 (December 1994): 554–59. http://dx.doi.org/10.1080/00048679409080778.
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The aim of the paper is to propose that special mental health laws be replaced by generic protection and prevention legislation. The arguments used for the detention and compulsory treatment of persons with mental illnesses are analysed, and found not to justify protection and prevention rules which apply only to persons with mental illnesses. Two separate systems of legal intervention should be established to deal with (1) all persons in need of compulsory care and (2) all persons who require to be detained for the prevention of harm to others.
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Graham, Hugh Davis. "The Surprising Career of Federal Fair Housing Law." Journal of Policy History 12, no. 2 (April 2000): 215–32. http://dx.doi.org/10.1353/jph.2000.0012.
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Unlike the breakthrough civil rights legislation of 1964–65, which dismantled the South's Jim Crow system and led to rapid advances in job access and educational opportunity for minorities throughout the nation, the federal fair housing legislation of the 1960s produced little substantive change. The Civil Rights Act of 1964 and the Voting Rights Act of 1965 quickly became case studies in the dominant tradition of presidential leadership in legislative reform, joining such modern classics as Social Security and the Marshall Plan. The Open Housing Act of 1968, however, belongs to a different era of national policy development.
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BARROW, Amy. "Sexual Orientation, Gender Identity, and Equality in Hong Kong: Rights, Resistance, and Possibilities for Reform." Asian Journal of Comparative Law 15, no. 1 (March 23, 2020): 126–55. http://dx.doi.org/10.1017/asjcl.2020.2.
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AbstractThis article explores the implications of an absence of anti-discrimination legislation on the grounds of sexual orientation and gender identity (SOGI) in Hong Kong. Strategic litigation has played an important role in securing legal protections for the Lesbian, Gay, Bisexual, and Transgender (LGBT) community in the face of resistance from the Hong Kong Special Administrative Region (HKSAR) government, as well as religious and parental concern groups. Despite a growing body of evidence which outlines the self-reported daily discrimination experienced by LGBT individuals, the HKSAR government has resisted calls to adopt anti-discrimination legislation on the grounds of SOGI, focusing instead on self-regulation and education. Grounded in qualitative research interviews examining the feasibility of adopting anti-discrimination legislation on the grounds of SOGI in Hong Kong, this article explores the current legal landscape for LGBT rights, resistance, and possibilities for reform.
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Ponomareva, Daria, and Aleksey Kubyshkin. "Genetic discrimination in foreign legislation and law-enforcement practice." SHS Web of Conferences 134 (2022): 00071. http://dx.doi.org/10.1051/shsconf/202213400071.
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The article is devoted to the problematic issues of legal regulation of public relations arising from protection against discrimination based on genetic status in the legislation and law enforcement practice of a number of foreign countries (Australia, Canada, the United States of America). The authors analyzed the concept of discrimination based on genetic status, formulated in the legal acts of states; an attempt was made to present their own interpretation of this term. The article provides an overview of the international legal framework for the regulation of public relations arising from countering discrimination based on genetic status, as well as key acts of leading foreign jurisdictions. The authors paid special attention to the analysis of law enforcement (judicial) practice, illustrating the problems associated with genetic discrimination, the main directions of the development of such practice are highlighted. In conclusion, the authors contemplate on the advisability of implementing relevant foreign experience into the Russian legal system
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Kurpyakova, Svetlana Ivanovna. "Liberalization of housing legislation in modern Russia." Uchenyy Sovet (Academic Council), no. 6 (May 20, 2021): 439–43. http://dx.doi.org/10.33920/nik-02-2106-03.
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The article examines some issues of modern housing policy aimed at liberalizing housing legislation. The concept of the liberalization of housing legislation is highlighted and its main features are revealed; individual problems affecting the formation of housing legislation are identified. It is shown that the effectiveness of the implementation of the right of everyone to housing, enshrined in Article 40 of the Constitution of the Russian Federation, primarily depends on how effectively the norms of housing legislation are applied. The author determines that the necessary condition for the effective use of these norms is the reflection of modern trends in the development of housing law in general and its specific institutions in particular. In this regard, the improvement of housing legislation should follow the path of liberalization, expansion of the rights and freedoms of subjects of housing legal relations. The article can be used when giving lectures and conducting practical classes in the field of Jurisprudence.
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Anandanpillai, Thirumalai, and Thomas A. Barta. "A case-based reasoning system for housing discrimination law." Expert Systems with Applications 16, no. 3 (April 1999): 315–24. http://dx.doi.org/10.1016/s0957-4174(98)00080-3.
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Chan, Phil C. W. "National Origin Discrimination and Race Anti-Discrimination Legislation in Hong Kong." International Journal of Human Rights 12, no. 5 (December 2008): 837–56. http://dx.doi.org/10.1080/13642980802396911.
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Thornton, Margaret. "Equality and Anti-Discrimination Legislation: An Uneasy Relationship." Law in Context. A Socio-legal Journal 37, no. 2 (August 28, 2021): 12–26. http://dx.doi.org/10.26826/law-in-context.v37i2.149.
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Despite the rhetoric of equality that infuses anti-discrimination legislation, a close analysis reveals that it is in-equality that is invariably privileged. With reference to the Australian example, this introductory article will show how the paradox is played out at multiple sites in terms of both form and substance, such as through the individualism and confidentiality of the complaint-based mechanism. A striking exclusion from the legislation is the attribute of class, the most significant manifestation of social inequality, which remains ineffable even when it significantly shapes other attributes. The prevailing political backdrop of neoliberalism plays a significant role in promoting inequality through competition policy and profit maximisation. Powerful corporations not only endeavour to resist transparency, but they also tend to oppose proactive measures in favour of substantive equality. The contradictions of anti-discrimination legislation thereby sustain in-equality while simultaneously espousing the rhetoric of equality.
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Taradonov, Sergey V., and Igor O. Ivanov. "The Improvement of Housing Law Terminology in the Legal Regulation of Apartment Block Management Operations." Family and housing law 6 (December 10, 2020): 44–47. http://dx.doi.org/10.18572/1999-477x-2020-6-44-47.
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The article deals with the issues of legal regulation of management of apartment buildings in the Russian Federation, the existing shortcomings of housing legislation in the field of terminology that defines the interaction between objects and subjects of housing relations. The article substantiates recommendations and suggestions for introducing the necessary terms and definitions into the housing legislation in the sphere of management, maintenance and operation of apartment buildings as objects of common property of owners of premises.
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Lurie, Lilach. "Should Age Discrimination Be an Integral Part of Employment Discrimination Law?" Theoretical Inquiries in Law 21, no. 1 (February 26, 2020): 103–38. http://dx.doi.org/10.1515/til-2020-0006.
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AbstractThis Article argues that a universal approach to age discrimination promotes justice (including intergenerational justice) and efficiency. As explained herein, legal regimes regulate age discrimination in employment in various ways. While some regimes create specific anti–age discrimination legislation, others ban most kinds of employment discrimination, including age discrimination, in a general way. These latter promote a universal approach to age discrimination. The current Article explores the theoretical justifications for either a particularistic or a universal approach to age discrimination. Additionally, it enriches its theoretical discussion by taking and presenting a snapshot of current litigation in Israel – a country that has adopted a universal approach to age discrimination.
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EVGRAFOVA, Irina V., Alexander V. MARCHENKO, and Alexander V. TRAVIN. "Protection of Homeowners in Russia from Unlawful Encroachment on Their Rights and Legitimate Interests." Journal of Advanced Research in Law and Economics 10, no. 1 (March 31, 2019): 155. http://dx.doi.org/10.14505//jarle.v10.1(39).16.
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The relevance of the study is due to the fact that with the initiation of the new Housing Code of the Russian Federation the situation with the provision of housing rights has not radically changed for the better. In this context, the article aims to analyze the features of civil-legal regulation of housing relations, ensuring the constitutional rights of citizens to housing, ways of committing offenses in the sphere of residential properties and their preventive actions, the problem of improving the legislation. Leading approach to the study of this problem is the descriptive method that has afforded revealing peculiarities of regulation of civil and housing legislation under consideration within Russian Federation. In the article the suggestions for improving the legislation of Russian Federation are presented. The materials of the paper imply the practical significance for the university teachers of the legal specializations.
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Bernard, Nicolas. "Discrimination and Free Movement in EC Law." International and Comparative Law Quarterly 45, no. 1 (January 1996): 82–108. http://dx.doi.org/10.1017/s0020589300058668.
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Fundamental issues sometimes hide themselves behind what to an untrained eye might look like a technical and somewhat dry debate. Thus, a layman hearing Community lawyers' talk about the legal basis of legislation might be excused for not realising that the issue may be that of the role of the European Parliament in the European Union, and therefore the democratic legitimacy of the EU institutions. The debate about the function of the concept of discrimination in the law on the free movement of goods, services and persons in the Community is one of those discussions which has more to offer than meets the eye. What the debate is really about is the balance of powers between the member States and the Community and the federal nature of the Community legal order as well as, incidentally, the balance between market principles and other values embodied in legislation. Translated by specialists in the free movement of goods in the Community, it has become, in the context of Article 30 of the Treaty: should we read a “rule of reason” within Article 30, or can Cassis de Dijon be explained in terms of indirect discrimination?
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Hill, Daniel J. "Is Sexual-Orientation Discrimination a Form of Sex Discrimination?" Liverpool Law Review 41, no. 3 (September 5, 2020): 357–86. http://dx.doi.org/10.1007/s10991-020-09257-w.
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Abstract In Bostock v Clayton County (2020) Gorsuch J holds that direct discrimination because of sexual orientation is a form of direct discrimination because of sex. I argue that the same is true under the Equality Act 2010. I consider the arguments of (Finnis, in: Finnis (ed) Intention and identity: collected essays, Oxford University Press, Oxford, 2011) and (Gardner in Oxf J Leg Stud 18(1):167–187, 1998) that “because of”, “on grounds of”, and similar phrases in UK discrimination legislation invoke the state of mind of the discriminator. I apply this point to Bull and Bull v Hall and Preddy [2013] arguing that (i) the UK Supreme Court was wrong to find direct discrimination on grounds of sexual orientation, while, (ii), nevertheless, under the Equality Act 2010, that case and similar cases actually involve direct discrimination because of sex, not because of sexual orientation. I conclude by considering some objections, precedents, and implications.
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Lowell, Callen. "Working 9 to Non-Stop: The Fair Housing Act's Sexual Harassment Protections for Domestic, Agricultural, and Other Live-In Workers." Columbia Journal of Gender and Law 40, no. 3 (August 21, 2021): 453–89. http://dx.doi.org/10.52214/cjgl.v40i3.8623.
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Live-in workers, for whom their bosses are typically also their landlords, are often trapped in sexually harassing situations that feel as though they have no practical or legal redress, especially when the worker’s harasser can both fire and evict them in one fell swoop. This Note explores the novel possibility of using fair housing law, including the Fair Housing Act (“FHA”) and state/local fair housing statutes, as a tool to provide legal protections to workers with employer-provided housing (“live-in workers”) who experience sexual harassment or violence in the workplace. There is currently very little case law in which live-in workers have brought fair housing and employment discrimination claims simultaneously, and functionally no case law in which attorneys have brought both claims for live-in worker sexual harassment cases. This Note argues that, under existing fair housing law, many live-in workers should be eligible to bring claims under the FHA and equivalent state laws that prohibit discrimination in housing. As a result, the FHA and equivalent state claims can provide sexual harassment and assault protections for workers, including domestic workers and farmworkers, who may not receive protections under federal or state employment discrimination law. Furthermore, this Note argues that the FHA can provide supplemental or stronger protections from sexual harassment for live-in workers than traditional Title VII or employment discrimination claims. It accordingly suggests that plaintiffs facing harassment or sexual assault in live-in industries should pursue fair housing claims in addition to or in place of Title VII and employment discrimination claims, in order to achieve maximum protection and relief.
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McGlynn, Clare. "EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?" Cambridge Yearbook of European Legal Studies 3 (2000): 279–99. http://dx.doi.org/10.1017/s1528887000003815.
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In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and ethnicity. While Article 13 was greeted with much acclaim, doubts were expressed as to whether or not binding measures would be forthcoming. As it has turned out, such pessimism was unwarranted and the Community has now adopted measures aimed at eliminating discrimination on all the grounds specified in Article 13. The adoption of these directives is, therefore, a highly significant expansion of the Community’s competence and ensures the continued development of the Community beyond its original purely economic focus.
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Haliantych, Mykola, and Volodymyr Kochyn. "DE-SOVIETIZATION OF HOUSING LEGISLATION: CURRENT CHALLENGES IN MARTIAL LAW." Entrepreneurship, Economy and Law, no. 3 (2022): 14–20. http://dx.doi.org/10.32849/2663-5313/2022.3.02.
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Schmidt, Marlene, and Olga Rymkevich. "Editorial." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (December 1, 2005): 535–36. http://dx.doi.org/10.54648/ijcl2005025.
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Anti-discrimination legislation and case law dealing with employment discrimination are among the most topical labour law issues in Europe. As a result, The International Journal for Comparative Labour Law and Industrial Relations has received so many manuscripts on questions related to employment discrimination that we have decided to dedicate a complete issue to this matter. One reason why employment discrimination is such a hot topic is the fact that in recent years extensive EC legislation proscribing employment discrimination has been passed: Directive 2000/43/EC prohibiting discrimination on grounds of race and ethnic origin, Directive 2000/78/EC banning discrimination on grounds of religion or belief, disability, age or sexual orientation, and finally Directive 2002/73/EC amending Directive 76/207/EEC barring sex discrimination in employment and occupation. And a correction in the paper by Kees J. Vos (Vol 21.3)
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Doyle, Brian. "Enabling Legislation or Dissembling Law? The Disability Discrimination Act 1995." Modern Law Review 60, no. 1 (January 1997): 64–78. http://dx.doi.org/10.1111/1468-2230.00066.
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Arnold, N. Scott. "Postmodern Liberalism and the Expressive Function of Law." Social Philosophy and Policy 17, no. 1 (2000): 87–109. http://dx.doi.org/10.1017/s0265052500002545.
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In 1992, the city of Boulder, Colorado, passed an ordinance forbidding discrimination against homosexuals in employment and housing. Two years later, voters in the state of Colorado passed a constitutional amendment forbidding the passage of local ordinances prohibiting this form of discrimination. The constitutional amendment did not mandate discrimination against homosexuals; it merely nullified ordinances such as Boulder's. The amendment was later struck down by the U.S. Supreme Court as unconstitutional.
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Howell, Benjamin. "Exploiting Race and Space: Concentrated Subprime Lending as Housing Discrimination." California Law Review 94, no. 1 (January 1, 2006): 101. http://dx.doi.org/10.2307/20439028.
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Gotham, Kevin Fox. "Racialization and the State: The Housing Act of 1934 and the Creation of the Federal Housing Administration." Sociological Perspectives 43, no. 2 (June 2000): 291–317. http://dx.doi.org/10.2307/1389798.
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Research examining the impact of corporate interests, state structures, and class contradictions on the state policy formation process has been dominated by three major theoretical perspectives: business dominance theory, state-centered theory, and Marxian structuralism. I argue that these existing perspectives pay insufficient attention to race and racial discrimination as a central component in the formulation and implementation of state policy. This article uses the concept of racialization to reframe existing theories of the state to explain the origin of the Federal Housing Administration (FHA) through the Housing Act of 1934. As an integral component of New Deal legislation, the FHA was created for the purpose of salvaging the home building and finance industries that had collapsed during the Great Depression. I draw on government housing reports and analyses, real estate industry documents, and congressional testimony to examine the racial dynamic of the FHA's housing policies and subsidies. The analysis demonstrates the value of employing a racialization framework to account for the racial motivations surrounding the origin of state policies, the racial basis of corporate interests, and the impact of race and racial discrimination on the creation and development of state structures.
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Ponce, Juli. "Housing discrimination and minorities in European cities: the Catalan Right to Housing Act 2007." International Journal of Law in the Built Environment 2, no. 2 (July 13, 2010): 138–56. http://dx.doi.org/10.1108/17561451011058780.
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Duncan, Jill, Renée Punch, Mark Gauntlett, and Ruth Talbot-Stokes. "Missing the mark or scoring a goal? Achieving non-discrimination for students with disability in primary and secondary education in Australia: A scoping review." Australian Journal of Education 64, no. 1 (February 19, 2020): 54–72. http://dx.doi.org/10.1177/0004944119896816.
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Australia has legislation in the form of the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of discrimination against students with disability in primary and secondary schooling. The review reports on the findings of a systematic search of law and education databases that identified 18 peer-reviewed articles discussing the legislation, relevant literature and related case law in the context of the education of students with disability in Australia. Content analysis of the articles indicated the existence of problems in several areas of the intersection between the law, policy and practice. These are outlined under five key themes: inclusion/exclusion, jurisdictions and definitions, the complaints-driven system, legislation clarity and reasonable adjustments. The review concludes with recommendations and suggestions for action.
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Nothdurft, John, and Hilary Astor. "Laughing in the Dark—Anti— Discrimination Law and Physical Disability in New South Wales." Journal of Industrial Relations 28, no. 3 (September 1986): 336–52. http://dx.doi.org/10.1177/002218568602800302.
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Legislation in New South Wales proscribes discrimination, both direct and indirect, against people with disabilities. The coverage of the legislation is wide and includes dis crimination in all aspects of employment and the provision of education, accommo dation, goods and services, and in registered clubs. The procedures that must be followed by a person with a disability to establish that discrimination has taken place have, however, caused problems. This paper reviews the New South Wales legislation and its operation, particularly in relation to equal employment opportunity programmes and people with physical disabilities. It concludes with reconunendations for refining the law and the methods by which it is implemented.