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Discrimination Stories
Discrimination Stories: Exclusion, Law, and Everyday Life explores diverse legal cases brought before courts and human rights tribunals to help us understand the development of anti-discrimination law in Canada. The cases take us into -- and teach us about -- the concrete realities of inequality in everyday life.
Inclusive Equality
An innovative work that outlines new ways to think about equality and law.
Dialogues on Human Rights and Legal Pluralism
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Race and Inequality
How do societies achieve cohesion in countries where the population is formed of different racial and ethnic groups? Although the debate continues, one constant is the agreement on the need for equality for all citizens of such societies. These egalitarian principles are believed by many to underpin a stable and just society. The question then arises of how best to achieve this equality? This book looks at the policy of affirmative action as it has evolved in different parts of the world: Australia, Canada, Great Britain, India, Northern Ireland, South Africa and the United States. The detailed juxtaposition of country case-studies allows readers to make comparisons and highlight disparities. Although affirmative action has operated in favour of various segments of the population, this book concentrates on the policy with regard to racial/ethnic groups. It explores the origin of the concept: where and how the policy emerged and what form it has taken, in order to open up the debate on this highly sensitive area of social policy.
The Persons Case
On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Rober...
Confronting Discrimination and Inequality in China
Confronting Discrimination and Inequality in China focuses on the most challenging areas of discrimination and inequality in China, including discrimination faced by HIV/AIDS afflicted individuals, rural populations, migrant workers, women, people with disabilities, and ethnic minorities. The Canadian contributors offer rich regional, national, and international perspectives on how constitutions, laws, policies, and practices, both in Canada and in other parts of the world, battle discrimination and the conflicts that rise out of it. The Chinese contributors include some of the most independent-minded scholars and practitioners in China. Their assessments of the challenges facing China in the areas of discrimination and inequality not only attest to their personal courage and intellectual freedom but also add an important perspective on this emerging superpower.
Feminist Frontiers in Climate Justice
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. Feminist Frontiers in Climate Justice provides a compelling demonstration of the deeply gendered and unequal effects of the climate emergency, alongside the urgent need for a feminist perspective to expose and address these structural political, social and economic inequalities. Taking a nuanced, multidisciplinary approach, this book explores new ways of thinking about how climate change interacts with gender inequalities and feminist concerns with rights and law, and how the human world is bound up with the non-human, natural world.
Sex Discrimination in Uncertain Times
This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive...
Systemic Discrimination in Employment and the Promotion of Ethnic Equality
This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employment. It examines the mechanisms and characteristics of systemic discrimination and the shortcomings of complaint-based laws. Yet these characteristics can also inform employers and government authorities of the kinds of preventive action that help alleviate systemic discrimination at the workplace. In its search for a rational government policy response to systemic discrimination, the book evaluates selected legal regimes which impose proactive obligations on employers to promote equality at the workplace. Proactive regimes are regulatory in nature, rather than adjudicatory. They induce employer compliance through technical assistance, dialogue and regulatory pressure, rather than court orders. By examining the key elements of these regimes the author explains why some proactive regimes function better than others, and why proactive regimes function better than complaint-based laws in addressing systemic discrimination.
Research Handbook on Transnational Labour Law
The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.
