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Horn, Brady Patrick. "The economics and measurement of racial bias in law enforcement." Pullman, Wash. : Washington State University, 2009. http://www.dissertations.wsu.edu/Dissertations/Spring2009/B_horn_042409.pdf.
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Cortez, Mario Martin. "Cross cultural relations in law enforcement." CSUSB ScholarWorks, 1998. https://scholarworks.lib.csusb.edu/etd-project/1505.
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Rogers, Nanette. "Aboriginal law and sentencing in the Northern Territory Supreme Court at Alice Springs 1986-1995." Connect to full text, 1998. http://hdl.handle.net/2123/1142.
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Sato-Nilsson, Maja. "Japan and the Convention on the Elimination of All Forms of Discrimination against Women: Implementation and Enforcement pertaining to Sex Discrimination in the Labour Market." Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-175429.
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The present study examines the status of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in Japan, with due regard to the status of treaties in general as sources of rights and obligations in the country. Further, the study aims to ascertain whether the said Convention has been properly implemented and enforced, and to demonstrate obstacles causing deficiencies and shortcomings in regards to combating discrimination against women in the labour market. In theory, treaties enjoy a high status in Japan, however, human rights treaties are rarely directly applied by the courts. Although certain legislative reforms have been undertaken to bring domestic law into harmony with the CEDAW, the Convention has had a limited impact. The domestic legislation fails to prohibit all forms of discrimination against women and the prohibitions, as well as the statistical targets for female representation, lack the backing of an effective enforcement mechanism. Additionally, the Japanese judiciary has been reluctant to accept arguments based on the CEDAW and, so far, no litigants have prevailed explicitly on the grounds of the Convention. The vague wording of the CEDAW makes the provisions easy to circumvent, which stresses the importance of bridging discrepancies between the treaty rules and domestic law. Finally, the Government of Japan needs a more comprehensive approach in addressing the issue of sex discrimination in the labour market, which includes working proactively to modify discriminatory practices and stereotypes.
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Ncume, Ali Zuko. "The programmatic enforcement of affirmative action." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/5521.
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Historically, racism was deeply rooted in the workplace in South Africa where white people were largely afforded better opportunities than their black counterparts. This position changed after South Africa became a democratic country. In the new South Africa, legislation has been adopted to combat unfair discrimination. This legislation is founded upon the equality clause contained in section 9 of the Constitution of the Republic of South Africa. Section 9 prohibits unfair direct or indirect discrimination against any person on any of the listed grounds. It also makes provision for protection against unfair discrimination on unlisted grounds. The Employment Equity Act was enacted to bring equality to the workplace and to give effect to section 9(2) of the constitution. The Employment Equity Act promotes equal opportunities and fair treatment and seeks to eliminate unfair discrimination. Section 6 of the Employment Equity Act contains the main thrust of the Act’s prohibition against unfair discrimination. However not all discrimination is unfair. Section 6(2) of the Employment Equity Act provides that discrimination based on the inherent requirements of a job or in terms of affirmative action measures will not be unfair. This section implies that there are grounds of justification which may cause discrimination to be fair. These grounds are affirmative action and inherent requirements of a job. Affirmative action is a purposeful and planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminated by unfair discrimination in the past. There are affirmative action measures incorporated in the Employment Equity Act. There exists also a designed programmatic enforcement of affirmative action measures.
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Gumbhir, Vikas Kumar. "Racial profiling in Eugene, Oregon : a case study in race, community, and law enforcement /." view abstract or download file of text, 2005. http://wwwlib.umi.com/cr/uoregon/fullcit?p3181102.
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Thesis (Ph. D.)--University of Oregon, 2005.<br>Typescript. Includes vita and abstract. Includes bibliographical references (leaves 314-324). Also available for download via the World Wide Web; free to University of Oregon users.
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Ruess, Shana Lynn Meaney. "Situational Context of Police Use of Deadly Force: a Comparison of Black and White Subjects of Fatal Police Shootings." PDXScholar, 2019. https://pdxscholar.library.pdx.edu/open_access_etds/5136.
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Police use of deadly force is an understudied yet deeply important issue in our society. Recent years have seen a dramatic increase in public concern over use of deadly force, particularly when that force is used against people of color. Due to the relative low frequency of deadly force incidents, little is known about when such force is used, or who it is used on. Recent studies have found a racial disparity between white and black subjects of deadly force, with black subjects significantly over represented as a proportion of the population. This study further expands our understanding of police use of deadly force, specifically the situational context of its use against white and black subjects. We use 100 random cases from the Washington Post Fatal Force data set and conduct a content analysis on this sample to identify data on multiple possible situational factors. This exploratory study found several important differences between situations involving a white or black subject of a deadly police shooting. Black subjects are on average seven years younger than white subjects. Black subjects are statistically more likely to be killed following contact initiated by an officer, such as a traffic or pedestrian stop. White subjects are more likely to be killed following contact initiated by dispatchers or courts, such as a call for service or when serving a warrant. Differences were also found related to the reasons for contact, the location of the incident, and the forms of resistance from the subject. This study provides validation to claims that police use deadly force differently between black and white subjects, and implicates police officer training and discretion in the racial disparity of use of deadly force.
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Salters, Gregory A. "A Phenomenological Exploration of Black Male Law Enforcement Officers' Perspectives of Racial Profiling and Their Law Enforcement Career Exploration and Commitment." FIU Digital Commons, 2013. http://digitalcommons.fiu.edu/etd/877.
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This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201).
Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis of the data: (a) color and/or race does matter, (b) putting on the badge, and (c) too black to be blue and too blue to be black.
The deductive analysis used a priori coding that was based on Super’s (1990) archway model. The deductive analysis revealed the participants’ career exploration was influenced by their knowledge of racial profiling and how others view them. The comparative analysis between the inductive themes and deductive findings found the theme “color and/or race does matter” was present in the relationships between and within all segments of Super’s (1990) model. The comparative analysis also revealed an expanded notion of self-concept for Black males – marginalized and/or oppressed individuals.
Self-concepts, “such as self-efficacy, self-esteem, and role self-concepts, being combinations of traits ascribed to oneself” (Super, 1990, p. 202) do not completely address the self-concept of marginalized and/or oppressed individuals. The self-concept of marginalized and/or oppressed individuals is self-efficacy, self-esteem, traits ascribed to oneself expanded by their awareness of how others view them. (DuBois, 1995; Freire, 1970; Sheared, 1990; Super, 1990; Young, 1990). Ultimately, self-concept is utilized to make career and life decisions.
Current human resource policies and practices do not take into consideration that negative police contact could be the result of racial profiling. Current human resource hiring guidelines penalize individuals who have had negative police contact. Therefore, racial profiling is a discriminatory act that can effectively circumvent U.S. Equal Employment Opportunities Commission laws and serve as a boundary mechanism to employment (Rocco & Gallagher, 2004).
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Colyer, Greg Warren. "Is capital punishment a deterrent to crime?" CSUSB ScholarWorks, 1999. https://scholarworks.lib.csusb.edu/etd-project/1720.
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Snyder, Celeste J. "Videotaped Interrogations: Does a Dual-Camera Perspective Produce Unbiased and Accurate Evaluations?" Ohio : Ohio University, 2007. http://www.ohiolink.edu/etd/view.cgi?ohiou1187137203.
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Kline, David Andrew. "Toward a Richer Shade of Blue: The Impact on Oregon Police Officer Perceptions of Racial Minorities After Anti-Racial Profiling Training." PDXScholar, 2011. https://pdxscholar.library.pdx.edu/open_access_etds/228.
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Four fatal shootings, during police interactions, of unarmed people-of-color occurred in the Portland, Oregon Metro Area from 2003 to 2010 calling into question from members of the community whether or not the officers involved and hence their representative police departments had been racially profiling. Of interest in this study is whether or not cutting edge anti-racial profiling police officer trainings have an impact on how officers in Oregon perceive members of racial minority groups. A review of literature found that previous inquiries into racial prejudice among police officers may be present and that previous efforts to address racial ethics in law enforcement have had mixed results on officer perceptions of race. Using Whiteness Theory an examination was undertaken in Oregon utilizing a mixed methodological approach to answer three questions; 1) Do police officers report their perceptions of people-of-color being impacted as a result of participating in a racial profiling training seminar?, 2) Do police officers from the state of Oregon express having held a perception of members of the racial / ethnic community as individuals prior to attending a racial profiling training?, and 3) Do police officers from the state of Oregon report having held a stereotyped perception of racial / ethnic community members before attending a racial profiling training? Findings include that some officers may be racially prejudiced and others not, but that the training, according to those participating was not impactful upon their personal perceptions of people-of-color for reasons that they saw none or little personal bias within themselves although the seminar they attended brought police - race issues back into their conscious awareness. Despite the training being well-received by all the participants they suggested the training title and description may have dissuaded other officers from attending who may have benefited from its content and format. Transferability of the data's findings is weak due to a small sample size and other limitations of the study discussed. Nevertheless, conclusions about the effectiveness of the racial-profiling-training-under-review's ability to impact these officers' perceptions and attitudes of people-of-color are made and recommendations for police and social policy as well as suggestions for future research are discussed.
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Laub, Eric Franklin. "Are the Police Racist? Evidence from Traffic Stop Outcomes." Miami University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=miami1596020889916973.
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Duvefelt, Sabine, and Carolina Sjölander. "Multiple Discrimination : Addressing Complex Discrimination in a Complex Society." Thesis, Örebro University, Department of Behavioural, Social and Legal Sciences, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-1912.
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<p>Abstract</p><p>This thesis show how the European Community, through legislation and case law, is addressing the problem of multiple discrimination and what the possible solutions to it are.</p><p>Multiple discrimination describes a situation where an individual experiences discrimination on more than one ground. This can occur in two different ways; additive or intersectional. Additive discrimination describes a situation where an individual is discriminated against on more than one ground and these grounds are added on top of each other. Intersectional discrimination explains how an individual’s multiple identities may be the cause of discrimination in such a way that the grounds for discrimination cannot be considered separately.</p><p>Expanding the list of grounds in Article 13 EC could help multiple discrimination claims but cannot be seen as the exclusive solution to such a complex problem. Many more problems surround multiple discrimination claims. One is to find an adequate comparator in order to prove discrimination. Another is that the case law shows a higher rate of success for plaintiffs claiming only one ground of discrimination even if they have experienced multiple discrimination, causing a disparity between the facts of the case and the reality experienced by the plaintiffs.</p><p>In conclusion, such a complex matter cannot be solved by one simple solution but the Community would benefit from an explicit prohibition as well as a common definition of multiple discrimination.</p>
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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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Risvas, Michail. "Non-discrimination in international economic law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:23e7e195-c657-46d0-9a21-bde0c793dc45.
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This thesis examines the jurisprudence of the World Trade Organization (WTO) Panels and Appellate Body (AB) and investment tribunals on non-discrimination clauses contained in the WTO agreements and investment agreements respectively. The thesis puts forward an alternative conceptual perspective through which the interpretation of non-discrimination provisions in international economic law could be analysed. It is argued that nondiscrimination obligations (as every legal rule to a greater or lesser extent) are inherently indeterminate. This is a fortiori the case in regard to non-discrimination provisions due to their link to the concept of equality. The concept of equality is open-ended and value-laden: its content depends on the prioritisation of different values. Thus, equality in the economic sphere can accommodate different conceptions which reflect different ideological approaches in relation to regulation, economic development and the proper role of the State in the economy. International courts and tribunals enjoy broad discretion in selecting which conception of equality to adopt when interpreting non-discrimination clauses. This indeterminacy is a positive characteristic of international economic regimes. Both the WTO and the investment arbitration regime are equipped with institutional characteristics which enable the contestation of different ideological approaches and promote pluralism. In the WTO context, this role is fulfilled by the institutional structure of the organization which facilitates the dialogue between the WTO members and the WTO Dispute Settlement System. In the realm of international investment arbitration, the mechanism of party-appointed arbitrators, despite its shortcomings which can be addressed, ensures value pluralism.
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Tryfonidou, Alina. "Reverse discrimination in European Community law." Thesis, King's College London (University of London), 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.521598.
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Flood, Marie. "CEDAW in Swedish Law." Thesis, Linköping University, Department of Management and Economics, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2511.
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<p>The Convention of the Elimination of all forms of Discrimination Against Women, CEDAW, was approved by the UN general assembly in 1979 and Sweden was the first country to ratify it in 1980. This thesis investigates, firstly, the importance of CEDAW on Swedish legislation and on sentences passed by Swedish courts, and secondly the significance of the fact that the influence from CEDAW has been based on an assertation of existing norms and not on a transformation or incorporation. Finally this thesis examines if CEDAW is followed. It is only the workplace that is analysed and the focus is on recruitment and wages. CEDAW has little or no importance for Swedish courts of law or their sentences. Since the incorporation of CEDAW is in agreement with earlier established norms it cannot be in force in Swedish courts or within public authorities but is only indirectly in force as a complement to national law. To be in force CEDAW must be implemented by incorporation or transformation. The Swedish court system does not violate CEDAW, but it does not follow the convention either and, even if the result may be the same, this should be considered a discrepancy.</p>
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Pérez, Portilla K. N. "Redressing discrimination through expressive means : weaknesses and potential of anti-discrimination law." Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1335906/.
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Using critical theory, feminist studies, interdisciplinary social science literature and a microcomparison of legislation from the UK and Mexico, including their international and regional sources, this thesis argues that there is no adequate analysis of the legal dimensions associated with the cultural aspects of discrimination such as demeaning stereotypical representation in the media. This is in spite of the fact that various social science disciplines; international instruments; media selfregulatory codes and indeed the targets of such practices through the organised civil society working against discrimination, have pointed out that demeaning and stereotypical images and messages can cause a harm and be discriminatory. Arguing that discrimination overall operates at interacting and overlapping levels; structural, institutional and personal levels as well as the cultural, the thesis is built on both the need for and potential of anti-discrimination law to protect targeted groups against ‘the printed and audiovisual production and reproduction of images and messages that use demeaning stereotypes, ridicule and denigrate people on the grounds of their belonging to a disadvantaged group’. The thesis proposes and explores the use of the analytical tool, ‘Discrimination through Expressive Means’ (DEM) as a vehicle with which to address and redress what it argues constitutes this form of discrimination. The comparison between Mexico and the UK is functional because both jurisdictions encounter and have addressed DEM although they have not recognised it as such. It is also profitable because these two jurisdictions have developed different ways of understanding and responding to the same harm which allows for an exploration of their respective underpinnings, advantages and disadvantages. The research provides elements with which to begin a theoretical analysis of the harm created through DEM and develops general principles useful for recognising DEM as a justiciable harm in order that bad speech may be combated with more speech.
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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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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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Currie, Eilidh. ""What's the Alternative?": Attitudes of Discrimination Investigators Toward the Efficacy of Anti-Discrimination Law." Thesis, Boston College, 2020. http://hdl.handle.net/2345/bc-ir:108767.
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Thesis advisor: Sarah Babb<br>American discrimination law is a paradox: it attempts to eradicate discrimination – an inherently systemic problem impacting the most marginalized groups – using bureaucratic procedures. As a result, public servants tasked with investigating violations of discrimination law must pursue the fulfillment of such a sweeping goal through incremental means, adhering to laws that define discrimination narrowly. There is an extensive literature arguing that this misalignment between the law’s driving goals and its methods of enforcement renders it ineffective; there is also considerable research on the public servant’s unique position in this sense. Applying these literatures together to twelve discrimination investigators at three state-level commissions, it seems investigators are aware of the law’s limitations, but are able to close the gap between the bureaucratic nature of their work and its driving goals by rationalizing these limitations, allowing them to remain idealistic about the efficacy of the law<br>Thesis (BA) — Boston College, 2020<br>Submitted to: Boston College. College of Arts and Sciences<br>Discipline: Departmental Honors<br>Discipline: Sociology
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Meza, Ofelia. "La notion de discrimination dans la Convention internationale sur l'élimination de toutes les formes de discrimination à l'égard des femmes." Thesis, University of Ottawa (Canada), 1995. http://hdl.handle.net/10393/10339.
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La notion de discrimination dans la Convention constitue un progres par rapport au droit conventionnel anterieur. Elle implique un droit general a la non-discrimination: (1) qui concerne toutes les femmes; (2) qui s'applique de facon non equivoque aux rapports entre particuliers. Ceci est important, car c'est dans les relations familiales que les femmes sont opprimees de facon presque invisible, notamment par la violence domestique et les travaux menagers non remuneres. Le bien fonde des positions feministes affirmant que la division public/prive n'a pas sa raison d'etre, sont confirmees par la notion de discrimination qu'on trouve dans la Convention; (3) qui vise en meme temps la discrimination de droit et la discrimination de fait. Ceci est important, car les simples changements legislatifs ne sont pas des gages des changements concrets dans la vie des femmes a cause de l'impact discriminatoire des stereotypes, de la tradition et de la coutume; (4) qui porte sur tous les droits et libertes dont les femmes sont titulaires en conditions d'egalite avec les hommes. La Convention contourne les inconvenients que l'approche liberale de l'egalite presente: (1) elle n'est ouverte qu'aux membres du groupe desavantage, les femmes, en evitant ainsi les effets pervers du recours a l'egalite ouvert aussi aux hommes; (2) la Convention, par l'entremise des mesures speciales, (d'accommodement et d'action positive), evite un autre des effets negatifs de l'approche de la situation analogue: celui de priver de droits les femmes lorsqu'il n'y a pas d'etalon masculin. Malgre tous ses aspects positifs, la Convention oubile des groupes de femmes particulierement vulnerables a la discrimination: les femmes pauvres urbaines et les lesbiennes. (Abstract shortened by UMI.)
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Morris, Sharon Ann. "The legality of positive discrimination." Thesis, Southampton Solent University, 2007. http://ssudl.solent.ac.uk/577/.
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The purpose of this study is to determine the extent to which positive discrimination on the grounds of sex and race is permitted in employment under English law. After setting the social context, a moral framework for assessing the fairness of laws on positive discrimination is provided, and the increasing European Union support for positive discrimination is noted. An analysis of legal materials to discover the extent to which positive discrimination is allowed under European and English law shows that, although, generally speaking English law is less permissive than European law, European law still impacts upon English positive discrimination law, making it fairer. It argues that extending the English law to mirror European law will not necessarily result in improved sex or racial equality in the workplace, although reforms to update the English statutes could be useful to employers. Key Contributions to Existing Knowledge A comparison of Dworkin's right-based moral framework for the legal regulation of positive discrimination with Collins' 'social inclusion' model is presented. A unique review of European policy documents concerning employment discrimination and positive discrimination on the grounds of sex and race that underpin European laws on these matters is provided. A definition of positive discrimination is proposed. The implications of recent legal developments for the legality of positive discrimination under European and English law are analysed. Principles of European constitutional law are evaluated to identify the mechanisms by which European positive discrimination law affects English law and to determine whether public sector employers are granted greater legal powers to use positive discrimination under European law. How the House of Lords decision in Shamoon advances the law relating the the grounds of discrimination is explained. The law relating to the selection of parliamentary candidates is compared is compared with the statutory duties to promote equality placed upon public authorities. The academic discussion is consistently applied to the practicalities of the employment setting.
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Strand, Magnus. "The Formal Concept of Discrimination." Thesis, Lunds universitet, Juridiska fakulteten, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-161162.
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According to the Principle of Formal Justice like cases must be treated alike, and different cases must be treated differently. This principle is derived from the Aristotelian concept of distributive justice. Aristotle held that ‘All men agree that what is just in distribution should be according to merit of some sort, but not all men agree as to what that merit should be’. The classical concept of illegal discrimination, in Community law referred to as direct discrimination, seeks to decide what these merits must not be. This is done by declaring disparate treatment on certain grounds, in certain circumstances, illegal. It is argued in this paper that exceptions to this principle are made through acknowledging that discriminations on prohibited grounds are sometimes justified, and that this should be called justified direct discrimination. It is submitted that it is only obscuring to the concept to suggest otherwise, since the concept of discrimination as such, just as the Principle of Formal Justice, should not be carrying substantive or emotive meanings. The subsequent concept of indirect discrimination aims instead at prohibiting disparate impacts of neutral criteria. There is some ambiguity to this concept, specifically on what it is that amounts to ‘discrimination’ in this context, and how the available defences should be perceived. It is submitted that to pursue clarity, it must be acknowledged that this concept is built on the second element of the Principle of Formal Justice, i.e., that different cases must be treated differently, and that ‘discrimination’ occurs when discriminators omit to do so, causing disparate impacts statistically connected to prohibited grounds of discrimination. A justification defence, if successful, should in such circumstances prompt courts to hold that there has been discrimination, but that it is justified. It is further argued that the concept of positive action is a formal concept through which disparate treatment is required on specific grounds, i.e., that the legislature in this case indeed recognises some ‘merits’ according to which distribution is ‘just’ (according to the legislature). Unlike direct and indirect discrimination, positive action is necessarily a one-way vessel, designed to promote preference for individuals belonging to a certain class of people identified by the positive action norm. The author concludes that all these concepts are built upon a formal structure taken from the Principle of Formal Justice, and that the acknowledgment of this fact can contribute to clarity in anti-discrimination law.
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Budge, Daphne. "Recognizing lesbian oppression as sex discrimination under the Charter." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6881.
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Meskin, Shayan. "Shelby County: Voting Discrimination and its Constitutional Considerations." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1725.
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Racism has been perpetuated in America since slavery. Central to this notion is the United States’ history of racism perpetuated via its political system which subjected minorities - African-Americans in particular - to the oppressive wrath of governmental policies for centuries. As the country grew more intolerant of slavery, the Civil War lead to the Reconstruction Amendments which abolished slavery and intended to give African-Americans an opportunity to exercise new civil and political rights. The opponents of Reconstruction, particularly from the Deep South, were ideologically opposed to these changes and sought to encumber blacks by targeting their right to the franchise. Racial discrimination in politics took the guise of literacy tests and other excessive measures. The era of postbellum segregation and racially discriminatory legislation ensured that blacks and other minorities would not be given the equal treatment they had been denied since slavery. Slavery was over, but racism persisted. By the hands of southern state legislatures, discrimination evolved, as African-Americans would face extensive impediments in exercising their right to vote for over a century. But as the mid-20th Century Civil Rights Movement gained steam, Congress passed the Voting Rights Act (VRA) in 1965 with the hope of finally putting an end to this effective discrimination. The most polarizing facet of the VRA was the section 5 “preclearance” provision because it treated states differently; it was buttressed by the section 4 “coverage formula” which designated which states would be subject to this differential treatment; while the section 3 provisions established a constitutional safety valve emboldening the more vulnerable facets of the legislation. The VRA was momentous in reducing voting rights infringement aimed at minorities. Yet today, that legislation is no more. The Court’s decision in Shelby County v. Holder (2013) provides a simplistic appraisal of the VRA. Exhibiting dubious jurisprudence illuminated through examination of an earlier case, Northwest Austin Municipal Utility District No. 1 v. Holder (2009), Robert’s opinion undermines the values personified by the Reconstruction Amendments and leaves the nation’s protection of the franchise more vulnerable to backsliding than it has been for decades.
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Saiseau, Jérémie. "Les collectivités territoriales face au risque de discrimination." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0436/document.
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Cette recherche a pour objet d’étudier l’apparition de la notion de discrimination dans notre droit et ses effets sur l’organisation et la mise en action des pouvoirs publics sous l’angle des collectivités territoriales. Alors que nos structures administratives traditionnelles confinent à l’uniformité normative et à l’égalité de traitement, l’apparition de la notion juridique de discrimination a fait émerger dans le débat public un phénomène systémique, à la fois localisé et général, auquel les collectivités territoriales participent activement. L’édifice construit autour du principe d’égalité devant la loi se trouve alors ébranlé par un contrôle juridictionnel sans cesse plus poussé qui oblige les autorités publiques à tenir compte, par delà les catégories juridiques classiques, de la réalité du phénomène. Analyser ainsi le risque de discrimination des collectivités territoriales conduit à envisager un changement de paradigme de l’action publique locale. Celui-ci s’est opéré à la faveur d’un mouvement de territorialisation du droit en dehors des structures habituelles. L’élaboration de nouvelles stratégies communes, avec pour objectif de compenser les déséquilibres territoriaux, a été l’occasion de réorganiser les processus de décision et le rôle qui tient chaque collectivité publique. C’est à partir de cette réorganisation que s’est construite une nouvelle approche intégrée de la discrimination permettant d’en appréhender les causes et les effets afin d’en réduire le risque<br>This research aims to examine how the notion of discrimination emerged in French Law and its effect on the organisation of the public authorities in the local communities. With the French legal tradition, based on the principle of equality, the administration ensured a uniform process of treatment at every level ; with discrimination, it has to face a continuation of systemic problems affecting the social environment, from individual to collective behaviour as well, in which local authorities actively participate. The legal construction, structured on the principle of equality, is placed more and more in a state of questioning by the high standards of judicial control. Thus, studying risk of discrimination in the local authorities perspective leads to consider a new paradigm of local public action. New strategies and techniques have been elaborated in common with the state administration, aimed at redressing territorial imbalances ; they have fostered changes in the decision-making process and the role of everyone. From this reorganization, a new mainstream approach has been engineered to take better account of the causes and effects of discrimination, in order to reduce its risk
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Fleming, M. W. A. "Price discrimination law : developing a policy for New Zealand." Thesis, University of Canterbury. Accounting and Information Systems, 1985. http://hdl.handle.net/10092/2736.
Full textAbstract:
The purpose of this thesis is to develop a policy towards anticompetitive
price discrimination in New Zealand. Price discrimination
occurs where the ratio of price to cost in two sales differs.
Legislation against price discrimination may be enacted as part
of our Competition Law, a set of laws designed to promote efficiency and
competition in industry and commerce.
The first section of this thesis examines the economics of price
discrimination and its effects on efficiency, income distribution and
competition. We conclude that the effects are ambiguous and depend
upon the circumstances in which the discrimination is practiced. However
we conclude that systematic price discrimination can be harmful to
competition, whilst unsystematic price discrimination can promote
competition and that there are a priori grounds for anti-price
discrimination legislation.
The second section examines specific approaches taken to price
discrimination legislation. Particular emphasis is placed on the U.S.
Robinson-Patman Act which is one of the most extensively litigated price
discrimination laws in the world. A review of the implementation of this
Act shows that it has failed to promote competition or increase
efficiency. In fact, it has done more to inhibit these goals than
promote them. We conclude that there are conceptual problems with antiprice
discrimination legislation and this conclusion is reinforced by a
study of the Australian price discrimination law. We therefore examine
the conceptual framework in which price discrimination is controlled in
other developed countries such as the United Kingdom, Canada, Eire,
France, West Germany and the EEC. We conclude generally that price
discrimination is a problem of monopoly and should be treated as such. The final part of this thesis reviews price discrimination law in
New zealand and suggests a policy that would align the Commerce Act with
our conclusion that legislation against price discrimination is
undesirable.
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Abrams, David S. "Essays on the economics of law, crime and discrimination." Thesis, Massachusetts Institute of Technology, 2006. http://hdl.handle.net/1721.1/34509.
Full textAbstract:
Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Economics, 2006.<br>Includes bibliographical references.<br>This dissertation presents work empirically investigating various aspects of the criminal justice system. Chapter one, coauthored with Chris Rohlfs, examines the judicial bail-setting process and the defendant decision to pay bail. Optimal bail-setting rules must balance the tradeoffs between costs to defendants and costs to society. This chapter develops a model of optimal bail that incorporates the cost of jailing the defendant, the private cost to the defendant from being incarcerated, the cost of crime, and the costs that arise when defendants abscond. The model is empirically calibrated using data from a randomized experiment. The randomized experiment allows the use of defendants' bail posting decisions to estimate their subjective values of freedom. Our estimates suggest that high-risk defendants would be willing to pay $300 to $1,000 for 90 days of freedom. We find the socially optimal level of bail to be substantially lower than levels currently set by judges. Aggregating nationally, we find that the total social benefit of reform would be on the order of $10 billion per year. Chapter two, coauthored with Marianne Bertrand and Sendhil Mullainathan, is a study of the impact of defendant race on interjudge sentencing disparity, which seeks to add to the knowledge of the role of race in the courtroom.<br>(cont.) This chapter attempts to determine whether the legal system discriminates against minorities by addressing a related question: do judges differ in how they sentence minorities? This approach avoids the difficulty of systematic racial differences in case characteristics by exploiting the random assignment of cases to judges. We measure the between judge variation in the ratio of African-American to White defendant sentence lengths and incarceration rates. In our data set, which includes all felony cases in Cook County, Illinois from 1985-2005, we find large between-judge variation. We also find that judge characteristics, such as age, and the judge's previous work experience as a prosecutor or defender all predict their racial gap in sentencing. Chapter three presents evidence regarding the deterrent effect of incarceration. Knowing the magnitude of the deterrent effect of incarceration on crime is crucial to optimal policy setting. In this chapter I make use of sentence enhancements in gun robbery sentence lengths caused by add-on gun laws to attempt to estimate this impact. Since defendants subject to add-ons would be incarcerated in the absence of the law change, the short-term effect will be solely deterrent.<br>(cont.) I take advantage of the temporal variation in the passage of these laws in different states to identify the causal impact of the law change. I find that add-on gun laws result in a significant reduction in gun robberies, approximately 5% within the first three years of passage, for the average add-on gun law. The results are robust to a number of tests, and do not appear to be due to a large spillover to other types of crime.<br>by David S. Abrams.<br>Ph.D.
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McInerney, Siobhán Alice. "A model for combating race discrimination within EU law." Thesis, University of Oxford, 2001. https://ora.ox.ac.uk/objects/uuid:c27a5c2f-5300-4a12-bed2-8913cf4ad4db.
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Values are operative in all of human rights law. That is an organizing principle of the entirety of this work. I have endevoured to remain true to a self-consciously value-orientated approach to elaborating a model against race discrimination in EU law, and 1 have made no attempt to disguise the substantive values which underpin it, or the commitment to protect fundamental human rights above market goals. While values are controversial, and while reasonable people will disagree on their application, it is submitted that attempting an articulation and exploration of those at work in antidiscrimination law is essential. Values are not, however, plucked from the abstract, and this is how context introduces itself, and remains central to this work. Context is viewed as determinative of values, and therefore of laws and their application. Chapter II offers a contextual definition of race and racism, looking to how a contextualised approach forces us to go beyond formalistic categorise and assumptions of objectivity in anti-discrimination law. The hope is that by freeing our legal conceptions of these categories, we may more fully appraise the extent of discrimination in context, and allow for more progressive strategies to combating it. Chapter III follows from the theoretic position established in Chapter II, looking to various aspects of the 'European context,' its history of immigration and the constitution of its diverse population. This chapter describes the political climate that prevails today and the rise of the extreme right in the past decade, as well as the social and economic consequences of racism in context. It examines also the emergence of 'Eurocentrism' as a new form of ethnocentrism specific to Europe, and partially reinforced by EU law. Chapter IV also relies on the contextual approach of Chapter 11 but applies it to a legal context. It examines the legal context of race discrimination in EU law, with special emphasis on the legal construction of race through the distinction between EU Nationals and Third Country Nationals. This discussion traces the roots of that foundational distinction to Member State laws and looks to the ways in which EU law has replicated and amplified it, and more importantly, to the ways in which it supports a racialised or even racist construct. The focus of this discussion is therefore de jure discrimination which effects race discrimination and how EU law participates in constructing racial Other. Chapter V concerns the corollary de facto discrimination affecting all minorities residing in the EU, but highlights this discrimination as the 'central case' because it afflicts minority EU citizens in the exercise of their EU law rights: in this way it is about insiders who are treated as Other. This chapter examines discriminatory contexts as they are reinforced by aspects of EU law, and as they generate an EU obligation to act from within EU law itself. Chapter VI is a theoretic excursus, which considers the multitude of choices which the anti-discrimination law may embody, dividing these into two basic poles: the liberal perspective and the alternative perspective. A number of central substantive tenets of anti-discrimination law are analysed from the perspective of these two poles. The second part of the chapter applies this theoretic modality to EU law, again considering substantive tenets in EU law in the light of the two poles of anti-discrimination law, with special emphasis on Article 13 and the new Race Directive. A final part of this chapter considers form and the adequacy of the current EU law anti-discrimination model in the light of other existing models. Chapter VII builds on Chapter VI but looks 'behind' the poles that present themselves in EU law, to the normative justifications and aims of anti-discrimination laws. Once again, this issue presents a multitude of choices. This chapter focuses on one such choice involving two distinct orientations in EU law: the Single Market and fundamental human rights. These are considered in tum as justifications for action against race discrimination, and it is argued that a balance between them is needed in EU law. Beyond that mutually defining coexistence, it is also argued that where they are irreconcilable, the normative prioritisation should favour fundamental human rights. An overarching theme of this work is the acknowledgment of the centrality of context and the duality of anti-discrimination law in terms of theoretic models, substantive choices and normative justification and aims. Acknowledging these offers a stronger model for combating discrimination in novel and sui generis contexts, such as the legal context of the EU, allowing us transcend existing legal models in search of more effective synergies. EU law cannot combat race discrimination without acknowledging the sui generis nature of its social and legal contexts and the politics and norms at work at all its levels, or without recognising the specific challenges presented by an economic law burgeoning fundamental rights provisions, or by the sheer diversity of standards and traditions and legal rules that exist within its boundaries.
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Connolly, Michael. "Easy cases making bad law : the English judiciary, discrimination law, and the statutory interpretation." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10044510/.
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The definitions of discrimination provided by equality legislation are a measure of how far a society is willing to challenge deep-seated assumptions, attitudes, and patterns of inequality. The judiciary has a major role in shaping these definitions. This is evident from the antecedent American cases and those of the Court of Justice of the European Union, which worked with more aspirational than detailed legislative provisions. One might conclude that the legislation coming before the English courts was thus ‘ready-made’, presenting the judiciary with few interpretive difficulties. But on many occasions this has proved not to be the case, with the senior English courts producing a number of highly contentious decisions. Commentators, heavily critical of many of these cases, tend to analyse them by reference to external understandings of concept, theory, or policy. This work offers a unique internal critique of the process producing the cases subject to such academic scrutiny. It makes a textual analysis of leading English judgments on the definitions of discrimination, and does so through the lens of statutory interpretation - the judge’s primary function. The scrutiny finds that these judgments are technically flawed in terms of the process of statutory interpretation and the definitions produced; it also finds them to be overcomplicated, excessively long, and often unduly restrictive. As such, the thesis is that these cases were better, and more easily, resolvable using conventional methods of interpretation, which would also shape the definitions better to reflect the policies underlying the legislation. Although highlighting inexpert reasoning, the textual scrutiny reveals other threads, particularly notable in the narrow interpretations. There is an adherence to the common law’s notion of binary litigation, envisaging just two individual litigants (e.g. a worker and employer) necessitating a harmed individual and fault-based liability; this is at odds with the societal and group-based purpose of the legislation. One can also detect a lingering historical negative or indifferent attitude to matters of equality, often realised nowadays with an assortment of personal predilections. Consequently, suggestions for reform are based around these findings.
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Collins, Laura Jane. "Locating Sex: the Rhetorical Contours of Transgender Anti-Discrimination Law." Diss., Virginia Tech, 2017. http://hdl.handle.net/10919/85364.
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Legislation and litigation aimed at ending discrimination against transgender people has been both critiqued as eliding the structural roots of discrimination and celebrated as an important visibility project that helps to highlight the struggles trans people face. Approaching law as an ongoing interaction where meaning unfolds, I investigate what is being made visible through transgender anti-discrimination law and how it might variously impact trans and gender justice movements in the future. I analyze three different articulations of transgender anti-discrimination law, attending to the rhetorical configurations of sex, identity, and discrimination that emerge in them and the political and ethical implications of those configurations. Ultimately, I argue that this rhetorical mapping complicates how we understand identity to function within anti-discrimination law and, more importantly, that it highlights the ethical possibilities that lurk beneath simple understandings of anti-discrimination law.<br>Ph. D.
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Roseberry, Lynn M. "The limits of employment discrimination law in the United States and European Community /." Copenhagen : DJØF Publ, 1999. http://www.gbv.de/dms/spk/sbb/recht/toc/320896250.pdf.
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Voges, Sarah M. (Arisa). "Discrimination in the workplace." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52238.
Full textAbstract:
Thesis (MBA)--Stellenbosch University, 2001.<br>Some digitised pages may appear cut off due to the condition of the original hard copy<br>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.<br>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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Gixana-Khambule, Bulelwa Judith. "Unfair discrimination in employment." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/359.
Full textAbstract:
In this treatise the South African law relating to unfair discrimination is discussed. The development is traced from the previous dispensation and the few pronouncements of the Industrial Court on discrimination in employment. Thereafter the actual provisions in the law presently applicable, including the Constitution is considered. With reference to leading cases the issue of positive discrimination by adopting affirmative action measures is evaluated and reference is made to other defences like inherent requirements for the job and a general fairness defence. The conclusion is reached that South African law is developing to give effect to the notion of substantive equality with a view to eradicate the systematic discrimination of the past.
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Kahn, Robert Andrew. "Holocaust denial and the law : a comparative study /." New York : Palgrave Macmillan, 2004. http://catalogue.bnf.fr/ark:/12148/cb400005794.
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Thesis Ph. D--Political science--Baltimore--Johns Hopkins University, 2000. Titre de soutenance : The limits of legal fairness : holocaust denial and the law in America, Canada, France and Germany.<br>Bibliogr. p. 191-198.
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Goosey, Stuart. "A pluralist theory of age discrimination." Thesis, Queen Mary, University of London, 2017. http://qmro.qmul.ac.uk/xmlui/handle/123456789/31795.
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This thesis aims to provide a comprehensive theory of age discrimination that can guide the direct and indirect age discrimination provisions of the Equality Act 2010. The Act holds that unequal treatment on the grounds of age and measures that are on their face age-neutral but have the effect of disadvantaging particular age groups are lawful only if the treatment can be shown either to be a 'proportionate means of achieving a legitimate aim' or if the treatment fits into a specifically prescribed exception. In this way, the proportionality test distinguishes justified and unjustified age-differential treatment with only the former legally permissible. I outline and defend a pluralist theory of age discrimination that assists in making the distinction between justified and unjustified age-differential treatment. The theory identifies the principles that explain when and why age-differential treatment wrongs people and the principles that can justify this treatment. It is a pluralist theory because it recognises that age-differential treatment can wrong people for a number of different, overlapping reasons, and these different reasons should inform how we apply age discrimination law. The pluralist theory of age discrimination theory can improve legal reasoning in age discrimination cases by articulating the relevant principles and competing interests that are at stake in age discrimination claims. In constructing the theory, I adopt the reflective equilibrium method. This requires that I 'test' my starting moral intuitions against other beliefs, seeking coherence among these beliefs, and revising the beliefs as a result of particular challenges to them. In applying this method, I identify the following five principles to form a pluralist theory of age discrimination: equality of opportunity, social equality, respect, autonomy and efficiency.
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Gregory, Jeanne. "Discrimination, employment and the law : a study of judicial and administrative procedures with special reference to the 1975 Sex Discrimination Act." Thesis, London School of Economics and Political Science (University of London), 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.294282.
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Golub, Mark Allan. ""In the eye of the law" : racial grammar and the politics of identity in American constitutional law /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 2006. http://wwwlib.umi.com/cr/ucsd/fullcit?p3244173.
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Ahmedin, Ahmedin Osman. "A socio-legal study of the Swedish anti-discrimination policy and its implementation in the labour market : Discrimination against immigrants in the labour market and its affect." Thesis, Umeå universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-161012.
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Background: The point of departure for this study is that people with immigrant backgrounds are discriminated in the Swedish labour market and they are discriminated on several grounds. Discrimination is violation against human rights and it affects gender equality and integration policy negatively. Different studies show that immigrants hold the jobs which are lowest paid and not preferred by the swedes. The studies show also that immigrants from Africa and middle east are those who are discriminated most. This discrimination occurs despite the Swedish clear anti-discrimination policy and its regional and international obligations to combat discrimination. The Swedish discriminations act prohibits discrimination on the seven grounds mentioned in the act. This thesis analyses the Swedish discriminations act, its implementation and efficacy. It sheds some light on Sweden’s regional and international obligations in this regard. Finally, the impact of discrimination against immigrants on Swedish gender equality and integrations policy is discussed. Purpose: The purposes of this thesis are, based on the earlier studies, to highlight the ways in which immigrants are discriminated in the Swedish labour market and contributing to the improvement of the anti-discrimination policy in a long run. To accomplish this task, I have Scrutinized and analysed the efficacy of the Swedish discrimination policy, based on earlier studies, I have analysed different ways in which immigrants are discriminated in the Swedish labour market and discussed the impact of immigration on gender equality and integrations policy. Method: For conducting this research, qualitative method has been used. For accomplishing this study, both primary sources such as legal documents and legislations and secondary sources such as books, article, newspapers and internet websites have been used. To achieve this task, I have used intersectional analysis, and this is because immigrants are discriminated on multiple grounds and intersectional perspective is the best perspective in analysing such grounds. Conclusion: Based on earlier studies, the idea that people with immigrant background are discriminated in Swedish labour market is supported. They are discriminated in different ways such as recruitment process, in salaries, working conditions and promotion process. Discrimination can be due to different reasons and based on different grounds. According to the studies, though discrimination affects immigrants in general, immigrants from Middle east and Africa most discriminated. The same studies show that Muslim women who can be identified as Muslims due to headscarves, burqa or niqab are discriminated most and the face harassment in the public areas. Additional findings in this thesis are that discrimination in general is obstacle to gender equality and integrations policy given that it widens the already wide gap between women and men as well as between immigrants and swedes. Besides this, discrimination in the criminal system also leads to discrimination in the labour market. This is because prejudices based on the reports of biased police, judges, prosecutors etc. lead to discrimination against immigrants by relating them to crime. Therefore, though it is not deeply studied, there is a significant correlation between discrimination in the criminal legal system and discrimination in the labour market.
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Valette, Delphine. "Protection against employment HIV-testing and HIV/AIDS related discrimination : the potential and limitations of UK anti-discrimination law." Thesis, University of Bristol, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.391178.
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Enright, Walter Ian Brooke. "Themes in insurance law." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/33899.
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1. There are two major pieces of work (the Code Review and Sutton) and a number of themes that are the subject matter for this submission. The Insurance Council of Australia appointed me as the Independent Reviewer of the General Insurance Code of Practice, under the Code and the Terms of Reference, on 3 May 2012. 2. The Code Review work took about two years and involved the Code Issues Paper in October 2012 of 111 pages and the Code Review Report in May 2013 of 205 pages. The majority of my recommendations were accepted and the report has made a contribution to the rethinking of self-regulation and the place of voluntary codes in financial services. By then I was writing, with Professor Robert Merkin QC Sutton on Insurance Law for its 4th Edition. It is two volumes, 24 chapters and about 2100 pages excluding tables and index; my contribution was 12 chapters totalling about 960 pages. 3. The Code Review work, particularly on government agency regulation and self-regulation, influenced the pervasive material in Sutton on regulation. It was the subject of the AIDA Rome paper in 2014 on Principles for Self-Regulation; the paper was published by AIDA. 4. Sutton was published in 2015. Its themes are set out below. Those themes are in turn influences in the other work for this submission. There are seven main themes in the publications which I present in this submission. 5. The historical influences in relation to my Code Review and the historical contextual material in Sutton stimulated my interest in the wider influences on the development of commerce, insurance and law, with a central interest in the ethical foundations of the law and regulation. This aspect was also developed in the Masel Lecture and the article William Murray, Lord Mansfield: His Life, Times and Legacy – Good Faith and Good Works. 6. There had been a number of issues raised in my Code Review about mental illness, insurance and discrimination. I spoke at AIDA in Rome 2014 on Insurance Discrimination Law and the paper was published by AIDA. Then in 2016, the Australian Centre for Financial Studies commissioned me to write the ACFS MID Paper on the use by insurers of mental illness data. The historical perspective and the regulatory framework were important features of both papers. 7. A number of the Sutton themes were first opened out in my Professional Indemnity Insurance Law. The main themes were, in decreasing order of connection with Professional Indemnity Insurance Law, as follows. The first theme is the identification, development and application of the indemnity principle. The second is the adaptation and application of the analysis of contracts by primary and secondary obligations. This theme is in Sutton on the main concepts in insurance as well as liability insurance issues. The Liability Disputes Chapter condenses this thinking and account. The third theme was a renovation of how life insurance issues should be analysed and presented. This life insurance material was then adapted and infused with practical guidance on the decision making process on some issues for the FOS Life Insurance Manual. I developed an aspect of life insurance in the TPD Article. Each of these themes are in my submission original in concept and execution. Each has influenced the development of the law by legisation and the courts.
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Baetens, Freya. "Nationality-based discrimination in public international law with specific focus on human rights, trade and investment law." Thesis, University of Cambridge, 2010. https://www.repository.cam.ac.uk/handle/1810/283864.
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Gahnström, Kibayi Nora. "The Right to Education : Discrimination of Roma People - Determining Violations of the ECHR." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-86501.
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Ottosson, Alexander. "Cinderella and the Snow Queen : Advancing the Protection Against Discrimination in the ECHR." Thesis, Uppsala universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-327906.
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Fehr, Stephanie Simone. "Religious discrimination in employment : a comparative analysis of the law in the UK, France and Germany, with reference to international and supranational law." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/religious-discrimination-in-employment--a-comparative-analysis-of-the-law-in-the-uk-france-and-germany-with-reference-to-international-and-supranational-law(8e48aa3c-2233-4169-8dec-4d8436ebe43d).html.
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This thesis analyses religious discrimination in employment, using an applied comparison of the law in the UK, France and Germany. To this end, the thesis first explores national church-state relations, establishing potential links to religious discrimination at work. The investigation then moves on to the standards set by the Council of Europe and the European Union, against which the law in the UK, France and Germany will be measured against. The final chapter brings together the findings in an overall comparison of the national law, with particular emphasis on the role of church-state relations and impact on religious minorities. The original contribution of this thesis to knowledge lies in the assessment of the topic in the context of three jurisdictions, its interconnectedness with the ECHR and EU frameworks, using the framework of church-state relations. The thesis reveals and explains similarities and differences between the law in the three jurisdictions, as well as the effects on employees practising their religion and underlying attitudes that formed the law. After identifying substantive neutrality as a promising characteristic of church-state models, it was set as a benchmark for assessment throughout the thesis. Themes emerging from the research reflect significant differences regarding religious discrimination in employment in the UK, France and Germany. Particularly striking is the arguably deliberate targeting of, and clearly detrimental impact on religious minorities by means of indirectly discriminating law in France and Germany, as well as some directly discriminating provisions that were enacted in the course of the German ‘headscarf debate’. It is suggested, accordingly, that stereotypical assumptions about ‘otherness’ have influenced legislation, as well as case law, using church-state relations to underscore the decisive arguments. Due to its largely hypothetical nature, the assessment of the domestic laws’ compatibility with European international and supranational legal frameworks result in a number of cautious predictions. Widespread compliance appears fairly likely in relation to the law in the UK, whereas French and German law can be challenged in several regards. Finally, this research contributes proposals aiming at effective solutions for a variety of religious discrimination scenarios pertinent in the UK, French and German work environments.
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Khaitan, Tarunabh. "An autonomy-based foundation for legal protection against discrimination." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:1f354185-66aa-45c9-a91b-54f7c1c76cd1.
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The impressive growth of antidiscrimination law in liberal democracies in the past few decades belies the inadequacy of the normative bases on which it has been sought to be justified. Popular ideals such as rationality, equality and dignity have been unsuccessful in providing a coherent liberal framework for the fundamental aspects of the practice of antidiscrimination law. In this thesis, I have argued that a unified normative framework comprising autonomy and dignity-as-autonomy does a markedly better job of justifying the most fundamental aspects of these laws. The ideal of personal autonomy is understood here as a principle that seeks to guarantee an adequate range of valuable options to individuals. Dignity-as-autonomy is understood to be an expressive norm, which forbids certain persons from expressing contempt for the autonomy of another. These ideals have different forms: autonomy is a non-action-regarding principle, while dignity-as-autonomy is action-regarding. They are also distinct substantively: it is often possible to violate one of them without affecting the other. When these ideals make incompatible demands, I argue that those made by autonomy should prevail. Mandating positive action and reasonable accommodation on the one hand, and prohibiting indirect discrimination and harassment on the other, are essential features of a model of antidiscrimination law based on this framework. Further, under this framework, antidiscrimination law is not vulnerable to objections such as ‘levelling down’ and responds well to claims of discrimination on ‘intersectional grounds’. Furthermore, it is not essential to find an ‘appropriate comparator’ in order to prove discrimination. This model also explains when, and under what conditions, can some forms of discrimination be ‘justified’. Finally, on an autonomy-based model, antidiscrimination law is only one of several complementary tools that should be employed to protect and promote personal autonomy.
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Plamper, Bernhard. "Martin Scheinin ; Reetta Toivanen (Hrsg.): Rethinking Non-Discrimination and Minority Rights / [rezensiert von] Bernhard Plamper." Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5597/.
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rezensiertes Werk:
Scheinin, Martin ; Toivanen, Reetta (Hrsg.): Rethinking Non-Discrimination and Minority Rights. - Berlin : German Institute for Human Rights (Selbstverl.), 2004. - 245 S.
ISBN:952-12-1306-X
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Lundberg, Emma. "Automated decision-making vs indirect discrimination : Solution or aggravation?" Thesis, Umeå universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-161110.
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The usage of automated decision making-systems by public institutions letting the system decide on the approval, determination or denial of individuals benefits as an example, is an effective measure in making more amount of work done in a shorter time period and to a lower cost than if it would have been done by humans. But still, although the technology has developed into being able to help us in this way, so has also the potential problems that these systems can cause while they are operating. The ones primarily affected here will be the individuals that are denied their benefits, health care, or pensions. The systems can maintain hidden, historical stigmatizations and prejudices, disproportionally affecting members of a certain historically marginalized group in a negative way through its decisions, simply because the systems have learned to do so. There is also a risk that the actual programmer includes her or his own bias, as well as incorrect translation of applicable legislations or policies causing the finalized system to make decisions on unknown bases, demanding more, less or completely other things than those requirements that are set up by the public and written laws. The language in which these systems works are in mathematical algorithms, which most ordinary individuals, public employees or courts will not understand. If suspecting that you could have been discriminated against by an automated decision, the requirements for successfully claim a violation of discrimination in US-, Canadian- and Swedish courts, ECtHR and ECJ demands you to show on which of your characteristics you were discriminated, and in comparison to which other group, a group that instead has been advantaged. Still, without any reasons or explanations to why the decision has been taken available for you as an applicant or for the court responsible, the inability to identify such comparator can lead to several cases of actual indirect discriminations being denied. A solution to this could be to follow the advice of Sophia Moreau’s theory, focusing on the actual harm that the individual claim to have suffered instead of on categorizing her or him due to certain traits, or on finding a suitable comparator. This is similar to a ruling of the Swedish Court of Appeal, where a comparator was not necessary in order to establish that the applicant had been indirectly discriminated by a public institution. Instead, the biggest focus in this case was on the harm that the applicant claimed to have suffered, and then on investigating whether this difference in treatment could be objectively justified. In order for Swedish and European legislation to be able to meet the challenges that can arise through the usage of automated decision making-systems, this model of the Swedish Court of Appeal could be a better suited model to help individuals being affected by an automated decision of a public institution, being potentially indirectly discriminative.
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O'Neal, Barbara Jean. "Title VII : sex discrimination in higher education /." Diss., This resource online, 1992. http://scholar.lib.vt.edu/theses/available/etd-10022007-144508/.
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