Academic literature on the topic 'Non-discrimination, EU law, disability, education'

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Journal articles on the topic "Non-discrimination, EU law, disability, education"

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Kim, Dongjo. "A Reflection on the Racism as an Impediment to Social Integration and Insufficient Anti-Discrimination Law in Germany." Asia Europe Perspective Association 18, no. 2 (2021): 75–93. https://doi.org/10.31203/aepa.2021.18.2.004.

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Compared to the criticism of the Nazi regime, its strength has weakened much, but the criticism of racial discrimination in Germany has not completely disappeared in the United Nations and the European Parliament. In recent years, there has been a call for reform of criminal law to strictly punish racially motivated acts, financial expansion of anti-discrimination departments in Germany. This paper first examines the implications of social integration and discrimination in Germany, and in particular the problems in the labor market, the main stage of discrimination. After reviewing the rationa
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Schiek, Dagmar. "Intersectionality and the notion of disability in EU discrimination law." Common Market Law Review 53, Issue 1 (2016): 35–63. http://dx.doi.org/10.54648/cola2016004.

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Defining the characteristics targeted by banning discrimination constitutes a central challenge for EU discrimination law, and defining disability is particularly challenging due to the dispute around the very concept of disability. From 2006, the ECJ has wrestled with this definition in six judgments, five of which were delivered as of 2013. Instead of classifying the case law definition as conforming to a medical or social model of disability, this article analyses the case law with a view to illustrate challenges of defining discrimination grounds generally, suggesting that a sufficiently p
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Dagmar Schiek. "Sex, Race and Disability. Refocusing EU Non-Discrimination Law." DiGeSt. Journal of Diversity and Gender Studies 2, no. 1-2 (2015): 51. http://dx.doi.org/10.11116/jdivegendstud.2.1-2.0051.

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Duncan, Jill, Renée Punch, Mark Gauntlett, and Ruth Talbot-Stokes. "Missing the mark or scoring a goal? Achieving non-discrimination for students with disability in primary and secondary education in Australia: A scoping review." Australian Journal of Education 64, no. 1 (2020): 54–72. http://dx.doi.org/10.1177/0004944119896816.

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Australia has legislation in the form of the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of discrimination against students with disability in primary and secondary schooling. The review reports on the findings of a systematic search of law and education databases that identified 18 peer-reviewed articles discussing the legislation, relevant literature and related
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Favalli, Silvia, and Delia Ferri. "Tracing the Boundaries between Disability and Sickness in the European Union: Squaring the Circle?" European Journal of Health Law 23, no. 1 (2016): 5–35. http://dx.doi.org/10.1163/15718093-12341392.

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In recent years the European Union (eu) has sought to develop a far-reaching policy regarding persons with disabilities. However, to date, eu non-discrimination legislation does not provide any clear legal definition of what constitutes a disability. The Court of Justice of the European Union (cjeu) has attempted to fill this gap and, in several decisions, has elaborated on the concept of disability and its meaning under eu law. The cjeu, with reference to the application of the Employment Equality Directive, has explained the notion of disability mainly by comparing and contrasting it to the
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Rubino, Livio. "Reasonable accommodation beyond disability and the concept of vulnerability in Europe." Z Problematyki Prawa Pracy i Polityki Socjalnej 20, no. 3 (2022): 1–19. http://dx.doi.org/10.31261/zpppips.2022.20.07.

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The article addresses the provision of reasonable accommodation within the context of the European Union, in particular within EU labour law. Specifically, the provision of reasonable accommodation is enshrined within the framework provided by non-discrimination law. Furthermore, the article introduces the concept of vulnerability which represents a new and pioneering category especially in legal studies. The research question wonders whether it would be feasible to expand the provision on reasonable accommodation beyond the ground of disability considering vulnerability as an encompassing cat
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Schiek, Dagmar. "On uses, mis-uses and non-uses of intersectionality before the Court of Justice (EU)." International Journal of Discrimination and the Law 18, no. 2-3 (2018): 82–103. http://dx.doi.org/10.1177/1358229118799232.

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Intersectionality, frequently used by political scientists, sociologists and anthropologists as a highly abstract concept, originated as the socio-legal critique, by Kimberlé Crenshaw, of US courts’ ignorance of discrimination against Black Women specifically. That ignorance emerged in cases such as DeGraffenreid, in which the claimants challenged a collective redundancy scheme resulting in dismissing all Black Women on grounds of indirect discrimination. The court refused to recognise Black Women as a category of relevance and did not find any discrimination because the scheme did not impact
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Maidanik, Serhii. "European union disability policy: supranational level of legal regulation." Problems of Legality, no. 150 (October 2, 2020): 332–53. https://doi.org/10.21564/2414-990x.150.209404.

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In the modern European Union, disability policy (which was paid extremely little attention in the framework of traditional social policy in the late twentieth century) became one of the priorities of legal regulation. Today, this area of social policy includes not only social protection and integration in the labor market, but also takes care of the problem of ensuring equal rights and non-discrimination. In the context of this evolution, the article examines these questions: what is the legal nature of the European Union? What impact does the emergence of a supranational level of legal regula
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Narożniak, Agnieszka. "Joseph Damamme, How Can Obesity Fit Within the Legal Concept of ‘Disability’? A Comparative Analysis of Judicial Interpretations Under EU and US Non-Discrimination Law After „Kaltoft” (W jaki sposób otyłość może zmieścić się w prawnej koncepcji niepełnosprawności? Analiza porównawcza interpretacji sądowych w świetle unijnego i amerykańskiego prawa antydyskryminacyjnego po sprawie Kaltoft), „European Journal of Legal Studies” 2015, vol. 8, no. 1, s. 147–179, ISSN 1973-2937." Studia Prawa Publicznego, no. 2(18) (December 4, 2019): 208–9. http://dx.doi.org/10.14746/spp.2017.2.18.10.

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Joseph Damamme, How Can Obesity Fit Within the Legal Concept of ‘Disability’? A Comparative Analysis of Judicial Interpretations Under EU and US Non-Discrimination Law After „Kaltoft” (W jaki sposób otyłość może zmieścić się w prawnej koncepcji niepełnosprawności? Analiza porównawcza interpretacji sądowych w świetle unijnego i amerykańskiego prawa antydyskryminacyjnego po sprawie Kaltoft), „European Journal of Legal Studies” 2015, vol. 8, no. 1, s. 147–179, ISSN 1973-2937.
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Frantziou, Eleni, and Sarah Craig. "Understanding the implications of article 2 of the Northern Ireland Protocol in the context of EU case law developments." Northern Ireland Legal Quarterly 73, S2 (2022): 65–88. http://dx.doi.org/10.53386/nilq.v73is2.1059.

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Conscious of the careful balance stemming from the Rights, Safeguards and Equality of Opportunity provisions of the Belfast/Good Friday Agreement 1998, it was clear that human rights guarantees underpinned by European Union (EU) law would be a pivotal aspect of the Protocol on Ireland/Northern Ireland within the Withdrawal Agreement. The commitment is particularly prominent in respect of equality law, as a guarantee that no diminution of rights and equality protections would result from withdrawal from the EU was built into article 2(1) of the Protocol providing for non-diminution of rights in
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Dissertations / Theses on the topic "Non-discrimination, EU law, disability, education"

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Rubino, Livio. "Anti-discrimination, disability and reasonable accommodation in higher education - national and international law and policy in an EU law perspective." Doctoral thesis, 2021. http://hdl.handle.net/11562/1051103.

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La ricerca concerne la protezione contro la discriminazione sulla base della disabilità con particolare attenzione al contesto dell'istruzione universitaria. A tal fine, la ricerca si concentra sullo strumento degli accomodamenti ragionevoli e sul quadro teorico generale in cui l’obbligo di fornire accomodamenti ragionevoli può essere collocato. Tale quadro comprende teorie e concetti più vicini alle scienze filosofiche e sociologiche. Inoltre, la ricerca si concentra sul contesto nazionale del Belgio e dell'Italia, con particolare riguardo al sistema dell’assicurazione di qualità e alla dispo
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Books on the topic "Non-discrimination, EU law, disability, education"

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Robinson, Anthony, David Ruebain, and Susie Uppal, eds. Blackstone's Guide to the Equality Act 2010. 4th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198870876.001.0001.

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The Equality Act 2010 was an extremely significant reform of the UK discrimination law, consolidating the existing mass of statutory provisions into one statute. The Act brought new rights against discrimination and imposed new duties on employers, service providers, and public authorities. It defined nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. This fully revised edition covers all recent developments in the law relating to the Equality Act 2010 and considers the i
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Craig, Paul, and Gráinne de Búrca. 24. Equal Treatment and Non-Discrimination. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0024.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated i
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Glendenning, Dympna. Education and the Law. 3rd ed. Bloomsbury Publishing Plc, 2023. http://dx.doi.org/10.5040/9781526514448.

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Legal issues encroach into almost every aspect of modern day education in Ireland. Education and the Law has been completely updated since the last edition published in 2012. It examines in detail recent key legislation including the Education (Admissions to School) Act 2018 and the Data Protection Act 2018. It has also been restructured for ease of use and reference. An essential title, it examines the legal issues surrounding teaching and education, such as the employment of teachers, school discipline, bullying, freedom of information, and the State’s responsibility for educating children w
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Book chapters on the topic "Non-discrimination, EU law, disability, education"

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Preti, Sara, and Enrico di Bella. "Gender Equality as EU Strategy." In Social Indicators Research Series. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-41486-2_4.

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AbstractGender equality is an increasingly topical issue, but it has deep historical roots. The principle of gender equality found its legitimacy, even if limited to salary, in the 1957 Treaty of Rome, establishing the European Economic Community (EEC). This treaty, in Article 119, sanctioned the principle of equal pay between male and female workers. The EEC continued to protect women’s rights in the 1970s through equal opportunity policies. These policies referred, first, to the principle of equal treatment between men and women regarding education, access to work, professional promotion, an
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Broderick, Andrea, and Philippa Watson. "Disability in EU non-discrimination law." In Research Handbook on EU Disability Law. Edward Elgar Publishing, 2020. http://dx.doi.org/10.4337/9781788976428.00016.

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Craig, Paul, and Gráinne de Búrca. "25. Equal Treatment and Non-Discrimination." In EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198856641.003.0025.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into t
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Craig, Paul, and Gráinne de Búrca. "25. Equal Treatment and Non-Discrimination." In EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198859840.003.0025.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into t
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Craig, Paul, and Gráinne de Búrca. "25. Equal Treatment and Non-Discrimination: On Grounds of Sex, Race, Disability, Religion or Belief, and Age." In EU Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/he/9780198915522.003.0025.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into t
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Craig, Paul, and Gráinne de Búrca. "25. Equal Treatment and Non-Discrimination: On Grounds of Sex, Race, Disability, Religion or Belief, and Age." In EU Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/he/9780198915485.003.0025.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into t
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Vanhegen, Miet, and Frank Hendrickx. "Disability in EU labour law beyond non-discrimination." In Research Handbook on EU Disability Law. Edward Elgar Publishing, 2020. http://dx.doi.org/10.4337/9781788976428.00017.

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Costa, Marios, and Steve Peers. "22. Discrimination." In Steiner and Woods EU Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780192884534.003.0022.

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This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality
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Costa, Marios, and Steve Peers. "25. Discrimination." In Steiner & Woods EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853848.003.0025.

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This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality
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Wouters, Jan, and Michal Ovádek. "Equality and Non-discrimination Law in the EU." In The European Union and Human Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198814177.003.0007.

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This chapter addresses equality and non-discrimination, which are explicitly acknowledged as foundational values in the EU context in Article 2 TEU. Similarly, the right to non-discrimination enjoys wide recognition in international human rights law. In the EU, non-discrimination had a specific role to play from the outset of European integration. Despite being founded without explicit reference to human rights, the original Treaty of Rome nonetheless prohibited discrimination on the basis of nationality (now Article 18 TFEU), as well as discrimination regarding pay between men and women (now
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