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This text provides an introduction to discrimination law. Drawing on a wide variety of philosophical and legal sources, the concepts of equality and anti-discrimination law are introduced in their social and historical context.
Human rights are traditionally understood as protecting individual freedom against intrusion by the State. This title argues instead that human rights are based on a richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise freedom.
This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions. As in the highly successful previous editions, the book locates...
Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. This book argues instead that human rights are based on a far richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise such freedom. Instead of merely restraining the State, human rights must create positive duties. Drawing on comparative experience from India, South Africa, the ECHR, the EU, Canada and the US, this book aims to create a theoretical and applied framework for understanding positive human rights duties.
An essential overview of the comparative study of human rights law. This book will introduce students, academics, and legal practitioners to the aims and methods of approaching human rights from a comparative perspective.
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This text uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided.
A challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.
As the millennium draws to a close, it is clear that equality between men and women remains a pipe-dream. Thus argues Sandra Fredman in her stimulating, new book on women and the law. Women's pay still lags significantly behind that of men; and women continue to congregate in low status, lowpaid jobs. Yet men and women are now formally equal before the law: indeed, legislation positively outlawing discrimination has been in force for over two decades both in the UK and the European Union. The key question asked by the author is: Why has the law had so little impact? The answer, theauthor argues, lies in the structure of the law itself. In a wide-ranging examination of sources drawn from poli...
This edited volume addresses the operation of equality and discrimination law in times of crisis. It seeks to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this. Drawing together international experts, the book takes an interdisciplinary and comparative approach.
This set of essays provides and important contribution to the debate about the role of human rights law in combating racism. The first essay examines the right to equality in the context of racism, drawing on a wide range of international and comparative sources to create a critical frameworkof analysis. The second essay locates the discussion within the context of multi-culturalism, ethnicity, and group rights, with specific reference to ethnicity within Europe. The next set of essays is concerned with international istruments to address racism, followed by a critical examination ofthe newly developed race discrimination directive at EU level. The particular problem of race hatred on the internet is examined in the seventh chapter, followed by an important discussion of enforcement and remedial structures.