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Journal articles on the topic 'Grounds for discrimination'

Author: Grafiati

Published: 4 June 2021

Last updated: 8 February 2022

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1

Banton, Michael. "Discrimination on racial grounds." Journal of Ethnic and Migration Studies 15, no. 1 (1988): 125–26. http://dx.doi.org/10.1080/1369183x.1988.9976102.

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2

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 Pred

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3

McBride, K. D., and S. M. Cooper. "Discrimination on grounds of colour." British Journal of Radiology 66, no. 790 (1993): 951. http://dx.doi.org/10.1259/0007-1285-66-790-951-a.

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4

Mujuzi, Jamil Ddamulira. "Protecting the right to freedom from discrimination in Zambia: Understanding the constitutional and legislative grounds." International Journal of Discrimination and the Law 19, no. 3-4 (2019): 155–77. http://dx.doi.org/10.1177/1358229119883099.

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The Constitution of Zambia prohibits discrimination in different articles and the grounds on which a person may not be discriminated against are included in two different constitutional provisions – Article 23(3) and Article 266. Apart from the Constitution, some pieces of legislation prohibit discrimination and provide for grounds against which a person may not be discriminated against which are not provided for in the Constitution. Jurisprudence from Zambian courts has not been consistent on the question of whether the list of the grounds against which a person may not be discriminated again

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5

Atrey, Shreya. "Comparison in intersectional discrimination." Legal Studies 38, no. 3 (2018): 379–95. http://dx.doi.org/10.1017/lst.2017.17.

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AbstractThis article considers the use of comparison in establishing multi-ground claims of intersectional discrimination. Leading examples of test cases from the US and the UK exemplify the challenges in using comparison to establish discrimination against Black women, based on the grounds of both race and sex. These challenges include: the insistence on using a single mirror comparator (viz white men) or the difficulties in choosing multiple comparators from a range of options (viz white women, Asian women, Black men, white men etc); the missing rationale for the selection; and the unwieldin

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6

Deards, Elspeth. "Discrimination on Grounds of Sexual Orientation." King's Law Journal 10, no. 1 (1999): 12–25. http://dx.doi.org/10.1080/09615768.1999.11427510.

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7

FARRELL, MICHAEL, and GLYN LEWIS. "Discrimination on the grounds of diagnosis." Addiction 85, no. 7 (1990): 883–90. http://dx.doi.org/10.1111/j.1360-0443.1990.tb03718.x.

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8

BARROW, Amy. "Sexual Orientation, Gender Identity, and Equality in Hong Kong: Rights, Resistance, and Possibilities for Reform." Asian Journal of Comparative Law 15, no. 1 (2020): 126–55. http://dx.doi.org/10.1017/asjcl.2020.2.

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AbstractThis article explores the implications of an absence of anti-discrimination legislation on the grounds of sexual orientation and gender identity (SOGI) in Hong Kong. Strategic litigation has played an important role in securing legal protections for the Lesbian, Gay, Bisexual, and Transgender (LGBT) community in the face of resistance from the Hong Kong Special Administrative Region (HKSAR) government, as well as religious and parental concern groups. Despite a growing body of evidence which outlines the self-reported daily discrimination experienced by LGBT individuals, the HKSAR gove

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9

Vickers, Lucy. "IS ALL HARASSMENT EQUAL? THE CASE OF RELIGIOUS HARASSMENT." Cambridge Law Journal 65, no. 3 (2006): 579–605. http://dx.doi.org/10.1017/s0008197306007239.

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IN 2000 the Employment Directive was enacted by the European Community, creating a framework for combating discrimination in employment on grounds not previously covered by Community law, namely religion or belief, disability, age and sexual orientation. To a large extent the definitions of discrimination are uniform in relation to the different grounds of discrimination. In accordance with the Directive, new Regulations have been introduced in the UK prohibiting discrimination on grounds of religion or belief (the Religion and Belief Regulations) and sexual orientation, and amendments have be

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10

Howard, Erica. "EU anti-discrimination law." International Journal of Discrimination and the Law 18, no. 2-3 (2018): 60–81. http://dx.doi.org/10.1177/1358229118788454.

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This article analyses the protection which two European Union (EU) Directives, adopted in 2000, provide against discrimination on the grounds of racial and ethnic origin, religion or belief, disability, age and sexual orientation. This protection is not the same for all these grounds, and this has led to what is often referred to in the literature as a hierarchy of discrimination grounds. The article examines these differences in protection against discrimination and the reasons for them and includes an analysis of the influence of the case law of the Court of Justice of the European Union (CJ

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11

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

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12

Weatherill, S. "Discrimination on Grounds of Nationality in Sport." Yearbook of European Law 9, no. 1 (1989): 55–92. http://dx.doi.org/10.1093/yel/9.1.55.

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13

Bruun, Niklas. "Discrimination in Employment on Health Related Grounds." International Labor Rights Case Law 5, no. 2 (2019): 206–10. http://dx.doi.org/10.1163/24056901-00502015.

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14

Smith, Olivia. "Litigating Discrimination on Grounds of Family Status." Feminist Legal Studies 22, no. 2 (2014): 175–201. http://dx.doi.org/10.1007/s10691-014-9265-1.

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15

Baruch, Yehuda, Anne Laure Humbert, and Doirean Wilson. "The moderating effects of single vs multiple-grounds of perceived-discrimination on work-attitudes." Equality, Diversity and Inclusion: An International Journal 35, no. 3 (2016): 232–49. http://dx.doi.org/10.1108/edi-05-2014-0045.

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Purpose – Moving from a focus on a single aspect of diversity to multiple-diversity characteristics, the purpose of this paper is to develop and empirically test a model that examines whether self-efficacy (SE) and protean career (PC) measures relate to intention to stay (ITS), as a possible mediation of job satisfaction (JS). The authors then explored whether perceived discrimination – on single and multiple grounds – modify these relationships. Design/methodology/approach – A survey of 316 US managers, of which 95 reported perceived discrimination: 51 perceived discrimination on a single gro

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16

White, Robin Ca. "Free Movement, Equal Treatment, and Citizenship of the Union." International and Comparative Law Quarterly 54, no. 4 (2005): 885–905. http://dx.doi.org/10.1093/iclq/lei041.

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The prohibition of discrimination, at least on grounds of nationality, has always been a constitutional principle of Community law. Such discrimination can take many forms, since Community law prohibits not only direct discrimination but various forms of indirect discrimination. Furthermore, the Court of Justice has indicated that where discrimination on grounds of nationality is in issue, the requirement of proof is not a heavy one on the complainant. All that is needed to place the burden on the respondent to justify the potentially differential treatment is that complainants show that the r

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17

Read, Rupert. "ON FUTURE PEOPLE." Think 10, no. 29 (2011): 43–47. http://dx.doi.org/10.1017/s1477175611000194.

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It is no longer socially-acceptable to exhibit prejudice against ethnic minority people on grounds of their ethnicity, women on grounds of their gender, or working-class people on grounds of their class. The last bastions of discrimination are being overcome: such as prejudice against gay and lesbian people, and against disabled people. …Or, is there one more, crucial bastion of discrimination still strongly in place?

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18

Mujuzi, Jamil Ddamulira. "Seychellois courts and the protection of the right to equal protection of the law." International Journal of Discrimination and the Law 18, no. 4 (2018): 237–58. http://dx.doi.org/10.1177/1358229118810107.

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Unlike the constitutions of other African countries such as Uganda, South Africa, Kenya, Mauritius, Zimbabwe and Namibia which expressly provide for grounds on which a person may not be discriminated against, the Constitution of Seychelles, although prohibits discrimination, does not provide for grounds on which a person may not be discriminate against. Article 27 of the Constitution of Seychelles provides for the right to equal protection of the law. In this article, the author analyses the jurisprudence of the Supreme Court and the Court of Appeal of Seychelles to illustrate how these courts

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19

Graham, Mary E., and Richard A. Epstein. "Forbidden Grounds: The Case against Employment Discrimination Laws." Industrial and Labor Relations Review 46, no. 4 (1993): 734. http://dx.doi.org/10.2307/2524328.

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20

Madden, Janice Fanning, and Richard A. Epstein. "Forbidden Grounds: The Case against Employment Discrimination Laws." Journal of Policy Analysis and Management 13, no. 1 (1994): 197. http://dx.doi.org/10.2307/3325103.

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21

Schöffmann, Peter C. "2019/12 Dismissal on grounds of sickness – Discrimination on grounds of disability? (AT)." European Employment Law Cases 4, no. 2 (2019): 70–74. http://dx.doi.org/10.5553/eelc/187791072019004002002.

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22

Sandberg, Russell. "Gods and Services: Religious Groups and Sexual Orientation Discrimination." Ecclesiastical Law Journal 10, no. 2 (2008): 205–9. http://dx.doi.org/10.1017/s0956618x08001208.

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Exemptions for religious groups from generally applicable laws are by no means unusual, especially in the field of discrimination law. However, exemptions from laws prohibiting discrimination on grounds of sexual orientation have proved particularly controversial. The legality of exemptions in regulations prohibiting discrimination on grounds of sexual orientation in the employment sphere has been the subject of judicial review and the scope of those exemptions has also been judicially examined. The extension to prohibit discrimination on grounds of sexual orientation in the provision of goods

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23

Van der Linde, Delano Cole. "Poverty as a Ground of Indirect Discrimination in the Allocation of Police Resources – A Discussion of Social Justice Coalition v Minister of Police 2019 4 SA 82 (WCC)." Potchefstroom Electronic Law Journal 23 (June 12, 2020): 1–28. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6625.

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The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) prohibits indirect and direct unfair discrimination in terms of the grounds listed in the act (such as race, sex, and sexual orientation) as well as unlisted grounds (which are to be alleged and proven by an applicant). South African courts had also grappled with the specific issue of indirect unfair discrimination prior to the enactment of PEPUDA, where applicants could rely on the Constitution of the Republic of South Africa, 1996 directly. This is evident in cases such as Pretoria City Council v Walker

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24

Adamson, Louise. "Age Discrimination – the New Regime." Legal Information Management 6, no. 4 (2006): 302–5. http://dx.doi.org/10.1017/s1472669606000946.

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Louise Adamson, a Professional Support Lawyer in the Employment Team at Maclay Murray & Spens LLP, explores new regulations which tackle discrimination on the grounds of age, highlighting the main provisions and potential legal challenges to the regulations themselves.

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25

MacEwen, Martin. "Racial Grounds: a Definition of Identity?" International Journal of Discrimination and the Law 3, no. 1 (1998): 51–64. http://dx.doi.org/10.1177/135822919800300104.

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This paper examines the meaning of ‘Racial Grounds’ in terms of legal definition and also the social implications which may stem from this. The UK legislation against racial discrimination shares some terminology with international and regional conventions and treaties but a broader definition is frequently extended to the latter. The UK definition of racial discrimination includes ‘race, colour, nationality and ethnic or national origin’. These terms are examined and some practical difficulties identified. Recent cases have suggested that to discriminate against someone on the grounds of his

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26

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

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27

Pinto, Meital. "Arbitrariness as Discrimination." Canadian Journal of Law & Jurisprudence 34, no. 2 (2021): 391–415. http://dx.doi.org/10.1017/cjlj.2021.8.

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The law uses ‘discrimination’ to denote practices of exclusion and distinction that are wrongful from a legal point of view. Anti-discrimination doctrines around the world use the concept of ‘wrongful distinctions’ to enumerate the ways in which irrelevant distinctions between individuals or groups are made and to explain their illegality. But how should the term ‘irrelevant’ be understood in this context? Most legal systems around the world use the term ‘irrelevant’ only in denunciation of distinctions based on ‘common,’ ‘classic,’ or ‘suspicious’ grounds, such as race-based or sex-based dist

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28

Hand, James. "The curious case of marriage/civil partnership discrimination in Britain." International Journal of Discrimination and the Law 12, no. 3 (2012): 166–78. http://dx.doi.org/10.1177/1358229112468800.

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Discrimination on grounds of marital status was one of the first grounds to be protected in British discrimination law (as part of the Sex Discrimination Act 1975). However, it has always been a highly restricted provision and, seldom litigated, it faced abolition during the passage of the Equality Act 2010. Although marriage/civil partnership was retained as a protected characteristic, the Equality Act 2010 did nothing to clarify or expand its function. This article considers developments that could mean that marriage/civil partnership discrimination could have a much wider scope rather than,

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29

Waughray, Annapurna. "Caste Discrimination and Minority Rights: The Case of India's Dalits." International Journal on Minority and Group Rights 17, no. 2 (2010): 327–53. http://dx.doi.org/10.1163/157181110x495926.

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AbstractIndia's Dalits (formerly known as Untouchables) number around 167 million or one-sixth of India's population. Despite constitutional and legislative prohibitions of Untouchability and discrimination on grounds of caste they continue to suffer caste-based discrimination and violence. Internationally, caste discrimination has been affirmed since 1996 by the UN committee on the Elimination of Racial Discrimination as a form of racial discrimination prohibited by the Inter national Convention for the Elimination of all Forms of Racial Discrimination, and since 2000 as a form of discriminat

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30

Sandberg, Russell, and Norman Doe. "RELIGIOUS EXEMPTIONS IN DISCRIMINATION LAW." Cambridge Law Journal 66, no. 2 (2007): 302–12. http://dx.doi.org/10.1017/s0008197307000530.

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The debate in January 2007, as presented by the mass media, concerning whether an exemption should be provided for Roman Catholic Adoption Agencies from new laws prohibiting discrimination on grounds of sexual orientation in the provision of goods and services, rested upon two erroneous assumptions. The first was an assumption that awarding exemptions on grounds of religion was novel; the second was that the debate concerned whether there ought to be a religious exemption at all. This article seeks to engage with the real debate concerning the Equality Act (Sexual Orientation) Regulations 2007

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31

Taylor, Allison J. "DFGs: Disabled Facilities Grants or Discrimination on Financial Grounds?" British Journal of Occupational Therapy 55, no. 7 (1992): 279–81. http://dx.doi.org/10.1177/030802269205500713.

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Since the introduction of the Disabled Facilities Grant system, clients in the community who are house-owners have been required to contribute substantial sums of money toward the cost of large home adaptations. In many cases, this financial demand has been too great for the household to accept and the adaptation has been cancelled. This study used hypothetical clients and financial details to assess the feasibility of obtaining a loan for the required sum. A selection of high street banks and building societies were canvassed. The results confirmed the problems facing many clients in securing

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32

Gabbott, Mark, and Gillian Hogg. "Grounds for Discrimination: Establishing Criteria for Evaluating Health Services." Service Industries Journal 15, no. 1 (1995): 90–101. http://dx.doi.org/10.1080/02642069500000007.

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33

Smith, Olivia. "Ireland's Multiple Ground Anti-Discrimination Framework — Extending the Limitations?" International Journal of Discrimination and the Law 8, no. 1-2 (2005): 7–31. http://dx.doi.org/10.1177/135822910500800202.

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Against the backdrop of the more recent similar expansion of the anti-discrimination framework at EU level, this article reviews the operation of the last five years of Ireland's expanded anti-discrimination framework which brought an extension of the discriminatory grounds from two to a total of nine. In particular, it raises questions as to the claimed effectiveness of the ED framework from the perspective of those, particularly women, who identify across multiple grounds. This is evidenced through a review of some of the conceptual and practical problems that inhere in an anti-discriminatio

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34

McGlynn, Clare. "EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?" Cambridge Yearbook of European Legal Studies 3 (2000): 279–99. http://dx.doi.org/10.5235/152888712802859051.

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In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and e

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35

McGlynn, Clare. "EC Legislation Prohibiting Age Discrimination: “Towards a Europe for All Ages”?" Cambridge Yearbook of European Legal Studies 3 (2000): 279–99. http://dx.doi.org/10.1017/s1528887000003815.

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In 2000 the European Community adopted the General Framework Directive aimed at combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. This important measure followed closely on the heels of the Race Discrimination Directive adopted earlier in the year. The adoption of these measures was made possible after the Treaty of Amsterdam inserted a new Article 13 into the EC Treaty which empowered the Community to adopt measures to combat discrimination on the above grounds, as well as in the fields of sex, race and e

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36

Viirsalu, Mari-Liis. "Die Umsetzung der Gleichbehandlungsrichtlinien in Estland." osteuropa recht 66, no. 4 (2020): 496–515. http://dx.doi.org/10.5771/0030-6444-2020-4-496.

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Following its accession to the EU in 2004, Estonia has committed to implementing EU anti-discrimination legislation. This article briefly outlines the legal framework for equal treatment in Estonia with regard to its evolution and its characteristic features. Secondly, it analyzes how legal protection against discrimination in Estonia is structured. Thirdly, the current developments regarding the chosen grounds of discrimination will be discussed, drawing on the jurisdiction in discrimination cases. In this article, only the most common grounds of discrimination such as gender, sexual orientat

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37

Spaventa, Eleanor. "On Discrimination and the Theory of Mandatory Requirements." Cambridge Yearbook of European Legal Studies 3 (2000): 457–78. http://dx.doi.org/10.5235/152888712802859178.

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According to the traditional view, quantitative restrictions and discriminatory rules could be justified only according to the Treaty derogations contained in Article 30 of the EC Treaty. On the other hand, most indistinctly applicable measures, benefit also from other and broader grounds of justification: the mandatory (or imperative) requirements.This distinction has been in recent years occasionally disregarded by the Court: this has led to a certain degree of confusion as to the theoretical explanation of the mandatory requirements doctrine. In particular doubts have been raised as to whet

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Spaventa, Eleanor. "On Discrimination and the Theory of Mandatory Requirements." Cambridge Yearbook of European Legal Studies 3 (2000): 457–78. http://dx.doi.org/10.1017/s1528887000003888.

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According to the traditional view, quantitative restrictions and discriminatory rules could be justified only according to the Treaty derogations contained in Article 30 of the EC Treaty. On the other hand, most indistinctly applicable measures, benefit also from other and broader grounds of justification: the mandatory (or imperative) requirements. This distinction has been in recent years occasionally disregarded by the Court: this has led to a certain degree of confusion as to the theoretical explanation of the mandatory requirements doctrine. In particular doubts have been raised as to whe

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39

Peres, Catarina Vieira. "EU Case Law Developments on Age Discrimination." Market and Competition Law Review 2, no. 2 (2018): 151–77. http://dx.doi.org/10.7559/mclawreview.2018.328.

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The principle of non-discrimination on grounds of age has been declared an autonomous EU law principle by the European Court of Justice. This principle has been specified in a Directive, but its scope of application is currently limited to employment and occupational activities. The Directive protects both younger and older workers from being directly or indirectly discriminated due to their age. However, given the specificity of age as a factor of discrimination, the Directive allows the Member States to apply some derogations to this principle if, within the context of national law, they are

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40

Di Marco, Donatella, Helge Hoel, Alicia Arenas, and Lourdes Munduate. "Workplace Incivility as Modern Sexual Prejudice." Journal of Interpersonal Violence 33, no. 12 (2015): 1978–2004. http://dx.doi.org/10.1177/0886260515621083.

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Although discrimination on grounds of sexual orientation is prohibited by law in many countries, negative prejudices against Lesbian and Gay (LG) people, as a stigmatized minority, might be internalized by co-workers, being a source of a modern and subtle form of discrimination. Results from 39 in-depth semi-structured interviews with LG employees show that they are victims of workplace incivility which is manifested through jokes, use of language, stereotypes, and intrusive behaviors. Such acts are barely recognizable as a form of discrimination, due to the absence of any reference to sexual

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Pudło, Anna. "Zakaz dyskryminacji ze względu na orientację seksualną w powszechnym systemie ochrony praw człowieka." Opolskie Studia Administracyjno-Prawne 14, no. 4 (1) (2016): 89–106. http://dx.doi.org/10.25167/osap.1322.

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The article essays to answer the question of what the nature of prohibition of discrimination on grounds of sexual orientation is in the universal system of human rights protection. In order to determine this, a comparative analysis of selected documents of universal human rights protection system was carried out, which – in the case law and doctrine – have been recognized as the key issue in the prohibition of discrimination on grounds of sexual orientation, along with reaching out to the provisions of some national constitutions.

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42

Palazzo, Nausica. "Equality in Canada: A tale of non-normative groups struggling with grounds of discrimination." Oñati Socio-legal Series 10, no. 1 (2019): 88–122. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1066.

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This article intends to address the limits associated with a rigid grounds-based approach to equality, requiring claimants to categorize their identity as an enumerated ground to “deserve” the protection of the equality guarantee. To this end, I first shed light on the irreconcilability of rigid grounds with post-structuralist accounts of identity, and then lay claim to an approach to equality that extends its reach to fluid, intersectional groups. Thereafter, taking Canada as a case study, I parse out the Canadian equality jurisprudence, and particularly the cases offering an analysis of grou

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43

Hepple, Bob. "Discrimination on racial grounds: A reply to professor Banton's comment." Journal of Ethnic and Migration Studies 15, no. 1 (1988): 126–29. http://dx.doi.org/10.1080/1369183x.1988.9976103.

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44

Gauthier, Jeffrey. "Prostitution, Sexual Autonomy, and Sex Discrimination." Hypatia 26, no. 1 (2011): 166–86. http://dx.doi.org/10.1111/j.1527-2001.2010.01126.x.

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Feminist critics of the stigmatization of prostitution such as Martha Nussbaum and Sybil Schwarzenbach argue that the features of the practice do not, or at least need not, differ essentially from those of other more respected sorts of labor. I argue that even the least degraded forms of the current practice of prostitution remain objectionable on feminist grounds because patrons demand a semblance of sexual self-expression that engages discriminatory beliefs about women's sexuality.

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45

Mujuzi, Jamil Ddamulira. "The right to freedom from discrimination in Rwanda." International Journal of Discrimination and the Law 20, no. 2-3 (2020): 156–80. http://dx.doi.org/10.1177/1358229120956497.

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Discrimination is prohibited in different provisions of the 2003 Constitution of Rwanda (the Constitution), in different pieces of legislation and in international and regional human rights treaties ratified by Rwanda. According to the 2003 Constitution, one of the fundamental principles which have to be upheld by the State is the ‘eradication of discrimination and divisionism based on ethnicity, region or on any other ground as well as promotion of national unity’. Article 15 of the Constitution provides for equality before the law and Article 16 of the Constitution prohibits discrimination a

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46

Villanueva-Flores, Mercedes, Ramón Valle-Cabrera, and Mar Bornay-Barrachina. "Career development and individuals with physical disabilities." Career Development International 19, no. 2 (2014): 222–43. http://dx.doi.org/10.1108/cdi-02-2013-0022.

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Purpose – Few studies have focussed on the situation of employees with physical disabilities from the perspective of human resources management – in particular on the career development expectations of this group. The purpose of this paper is to meet this need by focussing on individuals with physical disabilities in Andalusia (Spain). It analyzes three key aspects: whether the perception of discrimination is related to the perception of inequity due to their disabilities, with this relationship being moderated by gender; whether these perceptions of inequality and discrimination lead to feeli

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Stein, M. A. "Anti-Discrimination Law and the European Union. By Mark Bell. [Oxford: Oxford University Press. 2002. xxv, 216, (Appendices) 21, (Bibliography) 22, and (Index) 9 pp. Hardback £40.00. ISBN 0–19–924450–2.]." Cambridge Law Journal 62, no. 2 (2003): 508–9. http://dx.doi.org/10.1017/s0008197303256397.

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Mark Bell’sAnti-Discrimination Law and the European Union, the most recent publication in the Oxford Studies in European Law series, provides a cogent overview of EU anti-discrimination law. While raising some interesting issues in the context of examining discrimination on the grounds of race and sexual orientation, it is mostly descriptive in nature, and thus mainly succeeds as an inductory doctrinal text to the area.

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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

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McMahon, Joe, Adam Cygan, and Erika Szyszczak. "II. Eu Citizenship." International and Comparative Law Quarterly 55, no. 4 (2006): 977–82. http://dx.doi.org/10.1093/iclq/lei139.

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The Court has continued with its expansive interpretation of the Citizenship provisions in Article 18 EC which it had previously acknowledged as being a fundamental right granted to all EU citizens by the Treaty.1 The case-law of the Court has, in particular, stressed the relationship between the free movement rights under Article 18 EC and preventing discrimination against EU nationals on grounds of nationality and without which the Citizenship provisions would lack force. Two recent judgments of Bidar2 and Ioannidis3 demonstrate the extent to which the Court will prevent covert discriminatio

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Wąsik, Mateusz. "The other side of tax discrimination." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 2 (2019): 929–56. http://dx.doi.org/10.30925/zpfsr.40.2.11.

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The purpose of the paper is to present the tax consequences resulting from the lack of recognition of registered partnerships and same-sex marriages in certain EU member states, taking the example of Poland. These aspects are usually perceived as discrimination of citizens based on their sexual orientation. The author of this paper has focused on various aspects of possible discrimination, mainly concerning discrimination on the grounds of personal taxation, including inheritance and gift taxes. For these purposes, the author analysed the domestic tax rules differentiating couples living in a

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