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Journal articles on the topic 'Equality and discrimination'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Matson, Laura. "Educational Equality." Leviathan: Interdisciplinary Journal in English, no. 5 (August 19, 2019): 13–24. http://dx.doi.org/10.7146/lev.v0i5.115494.

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This article examines the impact of linguistic discrimination on learner’s academic performance in the context of teaching English as a second or foreign language (TESL/TEFL). Standard English ideology has permeated the education system in a way that affects many facets of English language teaching and learning. Three learner affective factors related to anxiety, motivation and self-confidence will be discussed to illustrate ways in which students are impacted by linguistic discrimination. In light of the evidence that linguistic discrimination is detrimental to learner’s academic performance, two methods will be discussed as ways in which linguistic discrimination can be mitigated. These methods, anti-racist education and plurilingualism, have been selected based on their potential to address linguistic discrimination at a more systemic level.

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2

Wallace, Gerry. "Equality and Reverse Discrimination." Cogito 5, no. 3 (1991): 129–34. http://dx.doi.org/10.5840/cogito19915342.

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3

Monaghan, Karon. "Equality and Non-discrimination." Judicial Review 16, no. 4 (2011): 418–28. http://dx.doi.org/10.5235/108546811799320790.

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4

Fineman, Martha Albertson. "Beyond Equality and Discrimination." SMU Law Review Forum 73, no. 1 (2020): 51–62. http://dx.doi.org/10.25172/slrf.73.1.7.

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The societal frame of the “economically disadvantaged” is rooted in a distinction between a conceptual status of equality and the actuality of discrimination and disadvantage. This paradigm provides the governing logic for both criticism and justification of the status quo. This Article questions whether and to what extent this equality/antidiscrimination logic has lost its effectiveness as a critical tool and what, if anything, should be the foundation of the rationale that supplements or even replaces it.

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5

Barnard, Catherine, and Bob Hepple. "Substantive Equality." Cambridge Law Journal 59, no. 3 (2000): 562–85. http://dx.doi.org/10.1017/s0008197300000246.

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This article considers the extent to which EC and UK equality law are moving away from liberal notions of non-discrimination towards an approach based on substantive equality or equity, not only in the field of sex discrimination but also in respect of race and disability discrimination at a time when the EC is expanding its competence in these areas. The article begins by restating some basic concepts which feature in the forensic and legislative arguments about equality. It then seeks to answer the initial question by providing a critical analysis of recent judicial and legislative developments in three areas: (1) indirect discrimination; (2) the scope of permitted positive action in favour of disadvantaged groups; and (3) the rights of part-time workers to equal treatment with full-timers, and of workers on fixed-term contracts to equal treatment with permanent workers.

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6

Moreau, Sophia. "Discrimination as Negligence." Canadian Journal of Philosophy Supplementary Volume 36 (2010): 123–49. http://dx.doi.org/10.1080/00455091.2010.10717657.

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There is a rich philosophical literature on the value of equality: on whether and why it matters, what its “currency” ought to be, and whether it should be balanced against other important values, such as freedom, or conceptualized in terms of equal access to them. Most of this literature is a contribution to debates about distributive justice: it is concerned with how we should understand equality when our aim is to arrive at general principles of justice that could guide social or political authorities in distributing goods under their control. But there is also a different context in which we can, and do, ask about equality. Sometimes, when we ask whether someone has been treated equally, our aim is to assess whether they have faced discrimination. This is, of course, what courts and human rights tribunals do when interpreting constitutional or statutory equality rights – for these rights are usually understood not as general rights to equal treatment in the distribution of social goods, but rather as rights not to be discriminated against on the basis of a select number of prohibited grounds.

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MacKinnon, Catharine A. "Equality." Daedalus 149, no. 1 (2020): 213–21. http://dx.doi.org/10.1162/daed_a_01783.

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The distinction between formal and substantive equality is theorized then illustrated by sexual harassment law in the United States and in international legal developments. The convergence of sexual harassment concepts with prostitution, hence of sex discrimination law with the Nordic/Equality Model, is explained and explored.

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8

Collins, Hugh. "Discrimination, Equality and Social Inclusion." Modern Law Review 66, no. 1 (2003): 16–43. http://dx.doi.org/10.1111/1468-2230.6601002.

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9

Holmes, Elisa. "Anti-Discrimination Rights Without Equality." Modern Law Review 68, no. 2 (2005): 175–94. http://dx.doi.org/10.1111/j.1468-2230.2005.00534.x.

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Higgins, Edwina, and Laura Tatham. "Discrimination law to equality law." Law Teacher 44, no. 1 (2010): 87–98. http://dx.doi.org/10.1080/03069400903541385.

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11

Monaghan, Karon. "Equality and Discrimination under the New Commission for Equality." Judicial Review 13, no. 2 (2008): 78–93. http://dx.doi.org/10.1080/10854681.2008.11426550.

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12

Dedeoglu, S. "Equality, Protection or Discrimination: Gender Equality Policies in Turkey." Social Politics: International Studies in Gender, State & Society 19, no. 2 (2012): 269–90. http://dx.doi.org/10.1093/sp/jxs004.

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13

De Vos, Marc. "The European Court of Justice and the march towards substantive equality in European Union anti-discrimination law." International Journal of Discrimination and the Law 20, no. 1 (2020): 62–87. http://dx.doi.org/10.1177/1358229120927947.

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European Union (EU) anti-discrimination law has developed under a mostly formal, procedural Aristotelian approach to equality, driven by seminal European case law and incorporated into a body of EU non-discrimination directives. The academic literature has criticized this approach as formalistic and static (Formal equality, non-discrimination and European Union (EU) law section). Against this backdrop, this article explores how the Court of Justice of the EU (CJEU) embraces substantive equality dimensions of non-discrimination. It documents standout cases supporting substantive equality in direct and indirect discrimination (Direct discrimination is less formal than meets the eye and Indirect discrimination is substantive at heart sections). It explores how the CJEU has promoted substantive equality in cases of non-discriminatory differential treatment (Compulsory differential treatment makes formal equality substantive section) and through positive action or discrimination (Positive action can become substantive positive discrimination section). It unearths a wider scope for substantive positive discrimination when constructed as a limitation of, rather than an exception to, formal equality (Substantive positive discrimination can limit formal equality section). It frames the evolution towards substantive equality in the broader fundamental rights context that has become the EU law context, as applied in seminal CJEU cases (Formal anti-discrimination supports and reflects overall substantive equality section). It shows how formal EU equality law has always supported substantive equality and has gradually been mobilized to further substantive equality aims, redefining piecemeal the overarching purpose of EU equality law in the process while increasing concerns of transparency and legitimacy (Conclusion: pragmatism, discretion and legitimacy section).

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14

Hill, Daniel J. "Is Sexual-Orientation Discrimination a Form of Sex Discrimination?" Liverpool Law Review 41, no. 3 (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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15

Hernández, Tanya Katerí. "Racially-Mixed Personal Identity Equality." Law, Culture and the Humanities 16, no. 3 (2017): 354–64. http://dx.doi.org/10.1177/1743872117699894.

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A growing number of commentators view discrimination against multiracial (racially-mixed) people as a distinctive challenge to racial equality. This perspective is based on the belief that multiracial-identified persons experience racial discrimination in a manner that makes it necessary to reconsider civil rights law. This article disputes that premise and deconstructs its Personal Identity Equality approach to anti-discrimination law and demonstrates its ill effects reflected in Supreme Court affirmative action litigation.

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16

Sandberg, Russell. "To Equality and Beyond: Religious Discrimination and the Equality Act 2006." Ecclesiastical Law Journal 8, no. 39 (2006): 470–74. http://dx.doi.org/10.1017/s0956618x00006761.

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Recent years have witnessed a piecemeal development of discrimination law that affects religious organisations: the collection includes statutes such as the Sex Discrimination Act 1975 and the Race Relations Act 1976, statutory instruments such as the Employment Equality Regulations 2003 and 2005, and international human rights instruments such as Article 14 of the European Convention on Human Rights (ECHR). The newest addition to the collection is the Equality Act 2006 (c 3), which received Royal Assent on 16 February 2006.

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17

Rey Martínez, Fernando. "Igualdad y prohibición de discriminación: de 1978 a 2018 // Equality and prohibition of discrimination: from 1978 to 2018." Revista de Derecho Político 1, no. 100 (2017): 125. http://dx.doi.org/10.5944/rdp.100.2017.20685.

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Resumen:A lo largo de los cuarenta años de vigencia de la Constitución de 1978, el tradicional derecho de igualdad se ha visto enriquecido por la emergencia de una nueva rama del ordenamiento jurídico: el Derecho Antidiscriminatorio. En el texto se traza la gramática conceptual de las nuevas categorías y su desarrollo jurisprudencial.El estudio analiza qué significa hoy la igualdad en sentido jurídico preciso, qué comprende la prohibición constitucional de no sufrir discriminación en general y también respecto de la igualdad entre mujeres y hombres, la igualdad étnico/racial, la igualdad de las personas con cualquier tipo de discapacidad o por motivos de orientación e identidad sexuales.Summary:1. Sense and scope of constitutional equality 1.1 Introduction: from the classical concept of equality to new anti-discrimination law. 1.2 The legal concept of equality. 1.3 Equality in (the content) of the law and equality before (or in application) the law. 1.4 «Formal» or «legal» equality and «real» or «opportunity» equality. 1.5 Discrimination by indifferentiation. 2. Equality and prohibition of discrimination in strict sense. 2.1 Equality of Treatment. 2.1.1 Direct discrimination or treatment. 2.1.2 Indirect or impact discrimination. 2.1.3 Discrimination wrong, hidden and by association. 2.1.4 Multiple Discrimination. 2.2 Equal Opportunities: positive actions and positive discrimination. 3. Discrimination by sex / gender 3.1 Situation of the problem and regulatory framework. 3.2 Relevant jurisprudence. 4. Discrimination by ethnicity / race. 5. Discrimination for disability. 6. Discrimination by sexual orientation and identity.Abstract:Throughout the forty years of validity of the 1978 Constitution, the traditional right of equality has been enriched by the emergence of a new branch of the legal system: Anti-Discriminatory Law. The text draws the conceptual grammar of the new categories and their jurisprudential development. The study analyzes what equality means in a precise juridical sense, which includes the constitutional prohibition against discrimination in general and equality between women and men, ethnic / racial equality, equality of persons with any type of disability or for reasons of sexual orientation and identity.

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18

Hermida del Llano, Cristina. "Affirmative Action Measures: Equality or Discrimination?" Rechtstheorie 45, no. 3 (2014): 367–81. http://dx.doi.org/10.3790/rth.45.3.367.

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19

Tarnopolsky, W. S. "Discrimination and equality rights in Canada." Commonwealth Law Bulletin 19, no. 4 (1993): 1700–1711. http://dx.doi.org/10.1080/03050718.1993.9986319.

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20

Wynn, Michael. "Pregnancy Discrimination: Equality, Protection or Reconciliation?" Modern Law Review 62, no. 3 (1999): 435–47. http://dx.doi.org/10.1111/1468-2230.00216.

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21

Hoppenbrouwers, Rupert. "Age discrimination and the Equality Act." Dental Nursing 7, no. 7 (2011): 370. http://dx.doi.org/10.12968/denn.2011.7.7.370.

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22

Beckford, Jim. "Religion or Belief, Discrimination and Equality." Journal of Contemporary Religion 31, no. 2 (2016): 303–4. http://dx.doi.org/10.1080/13537903.2016.1152706.

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23

Clayton, Matthew. "Equality, Justice and Legitimacy in Selection." Journal of Moral Philosophy 9, no. 1 (2012): 8–30. http://dx.doi.org/10.1163/174552411x592167.

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The claim that the ideal of equality has a role to play in the critique of discrimination in employment and education has been rejected by a number of philosophers. Certain anti-egalitarians argue that the appeal to equality is redundant; others that egalitarianism misdirects us or fails to explain our special hostility towards discrimination. This article sketches an egalitarian conception of justice in selection and explains what is distinctive about such conceptions. Thereafter, it attempts to rebut the important objections that have been raised against egalitarian accounts of discrimination.

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24

Traavik, Laura E. M. "Career equality." Gender in Management: An International Journal 33, no. 6 (2018): 451–65. http://dx.doi.org/10.1108/gm-07-2017-0092.

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Purpose The purpose of this study is to investigate inclusion, perceived opportunities and discrimination between men and women, across career levels, in a professional service firm in Norway. Design/methodology/approach A cross-sectional design with a survey was used. Employees across six different career levels in a large Norwegian professional service firm responded, resulting in a sample size of 912. Findings Men report higher levels of inclusion and more opportunities and less discrimination in the work place than women do. Patterns of differences between men and women vary across career levels. At early mid-career, men and women have the largest differences in opportunities and inclusion experiences. Research limitations/implications A limitation with this study is the cross-sectional design and data collected from one company. This could limit the generalizability of the findings. Future research should include longitudinal designs. The empirical data demonstrate that men and women continue to have dissimilar experiences in the professional services, with women facing more career obstacles than men. Practical implications Organizations can implement policies that foster inclusive environments and ensure career equality by providing development opportunities for both men and women. It is important that professional service firms recognize that at different career levels, perceptions of inclusiveness can vary. Originality/value This study provides empirical evidence that women continue to face different types of treatment in professional service firms, and offers suggestions for addressing these inequalities by introducing the concept of inclusiveness.

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Forejtová, Monika. "The Effort to Achieve Equality with the Help of the Reversal of the Burden of Proof In Anti-Discrimination Litigation." International and Comparative Law Review 13, no. 1 (2013): 137–45. http://dx.doi.org/10.1515/iclr-2016-0064.

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Abstract Application of non-discrimination has a fundamental problem inherent in the fact that the prosecutor has only a very limited possibility to prove violations of the prohibition of discrimination, and much less the motives of the discriminating person, and thus the reason for discrimination. In addition, discrimination occurs in the relations, which are characterized by considerable inequalities, when more evidence is on the side of potentially discriminating than on the side of those discriminated. The article offers the analysis and comparison of the US and European approach to the procedural aspects of the anti-discrimination litigation with the special attention given to the special procedural mechanism - the reversal of the burden of proof.

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Loenen, Titia. "Rethinking Sex Equality as a Human Right." Netherlands Quarterly of Human Rights 12, no. 3 (1994): 253–70. http://dx.doi.org/10.1177/016934419401200302.

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This article critically examines the way the principle of sex equality is interpreted by several international, (quasi) judicial bodies. It argues that the current, mainly formal approach to equality and discrimination is in need of a fundamental reinterpretation towards a more substantive one, as formal equality often leads to the exclusion of those, like women, who do not fit the dominant models or standards. Though the role of the courts in striving for substantive legal equality is necessarily limited given the division of powers between the courts and the legislature in the democratic state, courts can contribute more than they currently do. In this respect it is held that the concept of indirect discrimination as developed in the case law of the ECJ provides openings for a more substantive approach to equality and discrimination and should be adopted by human rights courts as well. Further, the article argues for a new, asymmetrical model of equality analysis, based on the acknowledgement that the prohibition of discrimination is primarily directed at protecting historically ‘sensitive’ groups (like women), that is groups which have experienced or are still experiencing systemic forms of discrimination and disadvantage and not just isolated instances of disadvantageous treatment.

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Craft, Justin T., Kelly E. Wright, Rachel Elizabeth Weissler, and Robin M. Queen. "Language and Discrimination: Generating Meaning, Perceiving Identities, and Discriminating Outcomes." Annual Review of Linguistics 6, no. 1 (2020): 389–407. http://dx.doi.org/10.1146/annurev-linguistics-011718-011659.

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Humans are remarkably efficient at parsing basic linguistic cues and show an equally impressive ability to produce and parse socially indexed cues from the language(s) they encounter. In this review, we focus on the ways in which questions of justice and equality are linked to these two abilities. We discuss how social and linguistic cues are theorized to become correlated with each other, describe listeners' perceptual abilities regarding linguistic and social cognition, and address how, in the context of these abilities, language mediates individuals’ negotiations with institutions and their agents—negotiations that often lead to discrimination or linguistic injustice. We review research that reports inequitable outcomes as a function of language use across education, employment, media, justice systems, housing markets, and health care institutions. Finally, we present paths forward for linguists to help fight against these discriminatory realities.

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Hernández, Tanya Katerí. "Racial Discrimination." Brill Research Perspectives in Comparative Discrimination Law 3, no. 1 (2019): 1–69. http://dx.doi.org/10.1163/24522031-12340005.

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Abstract This fifth volume in the Brill Research Perspectives in Comparative Discrimination Law surveys the field of comparative race discrimination law for the purpose of providing an introduction to the nature of comparing systems of discrimination and the transnational search for effective equality laws and policies. This volume includes the perspectives of racialized subjects (subalterns) in the examination of the reach of the laws on the ground. It engages a variety of legal and social science resources in order to compare systems across a number of contexts (such as the United States, Canada, France, South Africa, Brazil, Colombia, Peru, Hong Kong, Japan, Korea, Israel, India, and others). The goal is to analyze the strengths and weaknesses of various kinds of anti-discrimination legal devices to aid in the study of law reform efforts across the globe centered on racial equality.

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Knopff, Rainer. "What do Constitutional Equality Rights Project Canadians Against?" Canadian Journal of Political Science 20, no. 2 (1987): 265–86. http://dx.doi.org/10.1017/s0008423900049441.

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AbstractIt is frequently argued that section 15 of the Canadian Charter of Rights and Freedoms should be interpreted to protect Canadians not only against intentional discrimination based on the prohibited grounds, but also against “systemic discrimination.” Since systemic discrimination against one group can always be described as intentional discrimination against another, this approach seems redundant in the context of an open-ended list of prohibited grounds. It may be explained as a way of promoting discrimination against unlisted groups upward on the scale of scrutiny, thus expanding the range of policy-making in inherently contestable areas that is subject to judicial determination or oversight. This article explores the political and institutional ramifications of this interpretation.

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Gosseries, Axel. "Equality and Non-discrimination in Hiring – Introduction." Journal of Moral Philosophy 9, no. 1 (2012): 3–7. http://dx.doi.org/10.1163/174552411x612056.

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In this introduction, the author briefly presents the way in which Clayton, Segall and Lippert-Rasmussen deal with what egalitarianism has to say about non-discrimination in hiring. Parallels and differences between their approaches are stressed.

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Byrne, Bronagh. "Dis-Equality: Exploring the Juxtaposition of Disability and Equality." Social Inclusion 6, no. 1 (2018): 9–17. http://dx.doi.org/10.17645/si.v6i1.1161.

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The (in)equality issues facing disabled people are extensive and long-enduring. The way(s) in which equality is conceptualised has important consequences for understandings of disability. The ambiguity of what I call <em>dis-equality</em> theory is two-fold; the apparent failure of mainstream equality theorising in, firstly, embracing disability concepts at all, and secondly, in fully incorporating the logistics of disability, particularly in relation to the social construction of such. Practices of institutional and more complex forms of discrimination are part of those deeper structures of domination and oppression which maintain disabled people in positions of disadvantage. Everyday practices, in the ‘ordinary order of things’ (Bourdieu, 2000), continue to be misrecognised as natural and taken for granted. This article critically explores the complexity of <em>dis-equality</em> theorising utilising a Bourdieusian lens which explicitly incorporates complex and subtle forms of discrimination, and by examining the UN Convention on the Rights of Persons with Disabilities’ approach to equality. I argue that the way forward for <em>dis-equality</em> theorising in today’s rights based era must be one that considers the nuances of the ‘rules of the game’ (Young, 1990) if it is to be effective in challenging the inequalities to which disabled people have long been subject.

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Lockwood, Graeme, Claire Henderson, and Graham Thornicroft. "The Equality Act 2010 and mental health." British Journal of Psychiatry 200, no. 3 (2012): 182–83. http://dx.doi.org/10.1192/bjp.bp.111.097790.

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SummaryOne aim of the Equality Act 2010 is to protect people with disabilities and prevent disability discrimination. We review the key provisions of the Act relevant to disability discrimination with respect to mental illness.

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Bygnes, Susanne. "Making Equality Diverse? Merged Gender Equality and Anti-Discrimination Measures in Norway." NORA - Nordic Journal of Feminist and Gender Research 18, no. 2 (2010): 88–104. http://dx.doi.org/10.1080/08038741003755475.

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Baker, Gale S. "Is Equality Enough?" Hypatia 2, no. 1 (1987): 63–65. http://dx.doi.org/10.1111/j.1527-2001.1987.tb00852.x.

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I am concerned that, in our quest to end discrimination, we as feminists may be concentrating too much on equality and ignoring more basic issues of social justice. I argue that we must not lose sight of where we as a society are going in the effort to make sure we all get there together. The primary goal, after all, is not simply for women to get what men have, but justice for all.

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Osmanaj, Enejda. "Gender Equality – Legal Reality in Albania." European Journal of Social Sciences Education and Research 1, no. 1 (2014): 268. http://dx.doi.org/10.26417/ejser.v1i1.p268-273.

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The objective for gender equality policy is that women and men must have the same power to shape society and their own lives. While equality is an essential component of the human rights' protection, gender in equalities are still present in our society. One of the most serious violations of gender equality is violence against women. Violence against women is a form of discrimination, which is rooted in gender inequality. According to a study by INSTAT (2007), 27, 6% of women reported that violence had started after marriage. Abused women often were unwilling, to talk openly about domestic violence. in terms of urban versus rural differences, women in rural areas were significantly more likely to "ever" experience domestic violence of all types, compared to women in urban areas. There were also significant differences based on level of education. Women with a primary education were significantly more likely to "ever" experience domestic violence of all types, compared to women with a basic education or less, secondary education, and a university/post-university education. While women with a university/post-university education were least likely to "ever" experience domestic violence of all types, they were not immune to domestic violence in their marriage/intimate relationships simply because they were highly educated. Since 1993, Albania is part of Convention "On the Elimination of All Forms of Discrimination against Women" (1981) (CEDAW), in order to prevent gender inequalities, as well as to ensure wisely the protection of women from discrimination in higher levels. Other Albanian legal acts, as The Constitution of the Republic of Albania, the law no. 10 221/2010 "On Protection from Discrimination", the law no. 9970/2008 "On gender equality in the society" etc. intend to protect women, to prevent gender discrimination and to ensure gender equality. Albanian National Strategy on Gender Equality and Violence in Family (2011-2015) had also a great importance on setting some levels on gender equality. But unfortunately, gender discrimination and violence against women is still a very widespread phenomenon in Albania. Statistical data reflect a very cruel reality. Women's rights are an integral and indivisible part of fundamental human rights and a real, applicable, legal protection is needed.

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Farcy, Jean-Baptiste. "Equality in Immigration Law: An Impossible Quest?" Human Rights Law Review 20, no. 4 (2020): 725–44. http://dx.doi.org/10.1093/hrlr/ngaa037.

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Abstract The aim of this article is to discuss why the principle of equality and non-discrimination, although foundational to international human rights law, remains an unfulfilled promise in the context of immigration. Nationality is now widely considered as a suspect ground of discrimination, yet contemporary immigration and citizenship laws increasingly use meritocratic criteria to distinguish among migrants. Although framed in universal terms, these criteria create differences of treatment among migrants based on their income, level of education and economic worth. However, from a legal perspective such differences of treatment rarely amount to prohibited discrimination. Looking at the case law of the European Court of Human Rights, this article argues that the normative content of the equality and non-discrimination principle fails to challenge such differences of treatment. Moreover, the proportionality test is used as a judicial restraint mechanism which prevents the effective enforcement of the equality requirement by international and domestic courts in the context of immigration.

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Rutherford, Jodhi. "Book Review - Equality and Discrimination Law in Australia." QUT Law Review 18, no. 2 (2019): 315. http://dx.doi.org/10.5204/qutlr.v18i2.762.

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Anti-discrimination laws aim to protect people from harm to which they may be subject on the basis of personal attributes such as gender, race, age or disability. With human rights principles as their source, anti-discrimination laws can be seen to have equality as their goal however contested notions of equality make it difficult to determine whether the laws are reaching this objective. Anti-discrimination law occupies a peculiar position at the nexus of public and private law; it encompasses both civil and political rights and obligations between individuals.

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O'cinneide, Colm. "Positive Duties and Gender Equality." International Journal of Discrimination and the Law 8, no. 1-2 (2005): 91–120. http://dx.doi.org/10.1177/135822910500800206.

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The imposition since 1998 of a variety of positive equality duties upon public authorities has attracted comparatively little academic attention. However, these duties are a central part of current government equality initiatives, increasingly constitute a major part of the work of the UK's equality commissions, and have been described as an essential part of a new ‘fourth generation’ of equality legislation. It now appears likely that a positive duty to promote gender equality will soon be imposed upon public authorities, which will complement similar race and disability duties. Will the introduction of this positive gender equality duty add to, detract or complement existing statutory provisions? Given the danger that ‘soft law’ initiatives may undermine existing anti-discrimination controls, will the duty provide a clear steer to public authorities, or will it lack teeth, substance and direction, and possibly even prove counter-productive? Such positive duties are designed to compensate for the limitations of existing anti-discrimination law, by requiring the taking of positive steps to promote equality and eliminate discrimination, rather than just compelling a reactive compliance with the letter of the (equality) law. The justifications in principle for the introduction of such duties are strong: for the first time, the introduction of a positive gender duty will impose a clear legislative obligation upon public authorities to adopt a substantive equality approach and to take proactive action to redress patterns of disadvantage linked to gender discrimination. Serious concerns do however exist as to the extent to which such duties can be enforced, and the danger that they will simply encourage greater bureaucratic activity at the expense of real change. The proposed gender duty, as with the other duties that have been introduced, is no panacea. Nevertheless, it does constitute a good start, can serve a useful function by empowering public authorities to take positive action, and if effectively used will be a very valuable point of pressure to push for better things.

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Belavusau, Uladzislau, and Kristin Henrard. "A Bird’s Eye View on EU Anti-Discrimination Law: The Impact of the 2000 Equality Directives." German Law Journal 20, no. 05 (2019): 614–36. http://dx.doi.org/10.1017/glj.2019.53.

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AbstractThe year 2000 marked the birth of EU anti-discrimination law as a field in its own right, with the adoption of two major Equality Directives. They extended the prohibition of discrimination with five additional grounds and expanded the material scope of equality regulation. Having reached its eighteenth birthday in the year 2018, EU anti-discrimination law can now celebrate its adulthood and deserves a bird’s eye exploration of its achievements, failures, and prospects. The present Article provides this exploration by zooming in on these twin Directives, as well as on the “new” grounds of discrimination planted therein, namely race and ethnicity—the grounds introduced by the Race Equality Directive—religion, sexual orientation, age, and disability—the grounds introduced by Framework Equality Directive—and the related jurisprudence of European courts. It first outlines the genesis and main stages in the development of EU anti-discrimination law, followed by a discussion of major normative and practical themes emerging in EU anti-discrimination law after 2000, such as the personal and material scope of the Directives, new forms of discrimination, mechanisms to counteract discrimination, and the proceduralization of EU anti-discrimination law.

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Meijknecht, Anna. "Proactive Obligations: A Panacea for All Forms of Discrimination? Universal and Domestic Approaches to Equality, with Special Reference to Minority-Related Grounds of Discrimination." International Journal on Minority and Group Rights 15, no. 1 (2008): 133–41. http://dx.doi.org/10.1163/138548708x272555.

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AbstractThese two books deal with two different problems concerning the principles of discrimination and equality. Vandenhole, after analysis of all United Nations (UN) committees' decisions on non-discrimination and equality, sheds a sharp light on the problem of divergence in interpretation of these principles. Craig argues that the traditional complaint-based anti-discrimination laws are inherently inadequate to combat systemic ethnic discrimination in employment and examines an alternative regime: the imposition of proactive obligations on employers to promote equality at the workplace. An intriguing question raised by reading both books is whether imposing proactive obligations could be a panacea to other forms of discrimination as well, as described in Vandenhole's book.

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Foran, Michael P. "Discrimination as an Individual Wrong." Oxford Journal of Legal Studies 39, no. 4 (2019): 901–29. http://dx.doi.org/10.1093/ojls/gqz026.

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Abstract This article argues that anti-discrimination rights are individual rights to be free from wrongful treatment and do not directly advance group-based interests or prohibit group-based harm. In light of this, a number of recurring accounts of the wrong of discrimination, particularly the wrong of indirect discrimination, are unsustainable. Claims that indirect discrimination is concerned with harm that is done to social groups or that laws prohibiting indirect discrimination seek to reduce or eliminate advantage gaps between social groups must be rejected as inaccurate. While principles of non-discrimination and principles of affirmative action often operate harmoniously to foster respect for the moral equality of persons, they each have a general affinity with distinct ethical traditions: deontology and teleology respectively. As such, we should conclude that indirect discrimination provisions are examples of formal and not substantive equality. Where rights to non-discrimination conflict with telic equality goals, UK law protects the rights of the individual.

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McLaughlin, Eithne. "From Negative to Positive Equality Duties: The Development and Constitutionalisation of Equality Provisions in the UK." Social Policy and Society 6, no. 1 (2007): 111–21. http://dx.doi.org/10.1017/s147474640600337x.

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This paper reviews the development and nature of one of the two components of the UK's equality regime – equality law. The origins of equality law lie in the postwar consensus on non-discrimination. The paper reviews the limitations of non-discrimination or negative equality duties. It documents the expansion of equality law at the turn of the twentieth/twenty-first century, when seven UK Acts and two European Directives introduced additional negative equality duties, provided for a new enforcement authority and introduced positive equality duties in respect of some social statuses. Many of these duties were introduced as part of devolution arrangements. UK equality law leads the field in European terms. The nature of positive equality duties and New Labour's approach to equality in general are also critiqued.

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Baciu, Elena-Loreni, and Theofild-Andrei Lazar. "Between Equality and Discrimination: Disabled Persons in Romania." Transylvanian Review of Administrative Sciences 2017, no. 51E (2017): 5–19. http://dx.doi.org/10.24193/tras.51e.1.

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Scullion, Philip. "Promoting equality through the amended Disability Discrimination Act." International Journal of Therapy and Rehabilitation 13, no. 5 (2006): 196. http://dx.doi.org/10.12968/ijtr.2006.13.5.21374.

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HEPPLE, BOB. "Discrimination and Equality of Opportunity—Northern Irish Lessons." Oxford Journal of Legal Studies 10, no. 3 (1990): 408–21. http://dx.doi.org/10.1093/ojls/10.3.408.

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Griffith, Richard. "The Equality Act 2010: further protection against discrimination." British Journal of Midwifery 18, no. 11 (2010): 732–33. http://dx.doi.org/10.12968/bjom.2010.18.11.79565.

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Griffith, Richard, and Cassam Tengnah. "Equality and anti-discrimination legislation in health care." British Journal of Community Nursing 15, no. 3 (2010): 130–34. http://dx.doi.org/10.12968/bjcn.2010.15.3.46901.

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Griffith, Richard, and Cassam Tengnah. "The Equality Bill – simplifying and strengthening anti-discrimination." British Journal of Community Nursing 15, no. 4 (2010): 189–92. http://dx.doi.org/10.12968/bjcn.2010.15.4.47358.

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Nataraj, Shalini. "Equality and discrimination law in Australia: an introduction." Australian Journal of Human Rights 25, no. 1 (2018): 173–76. http://dx.doi.org/10.1080/1323238x.2018.1540907.

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Burr, Steven A., and Yee L. Leung. "Promoting equality by assessing discrimination in clinical practice." British Journal of Hospital Medicine 76, no. 11 (2015): 642–45. http://dx.doi.org/10.12968/hmed.2015.76.11.642.

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