The management of religious and ideological diversity remains a key challenge of our time - deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms?
Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies -Belgium, the Netherlands and the UK - as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.
Awarded an honourable mention from the International Academy of Comparative Law for the 2018 Canada Prize
Описание: "Since the fall of the Berlin wall there has been a surprising dearth of high quality of scholarship on legal culture in the communist successor states of East Central Europe. In this excellent book Barbara Havelkova engages with the reversal of many of the advances the socialist period made in gender relations, examining the historical roots of the current failure of Czech law to engage with the discriminatory practices that have negatively affected the lives of women. She does this by a forensic excavation of law, discourses and practices of the socialist era revealing the patriarchal assumptions underpinning them that became deeply embedded in Czech legal culture, and that have been carried forward to the present day. The book is a compelling read. It provides answers to many of the questions that have perplexed feminists about the post-soviet transition and at the same time speaks more generally to the debates surrounding the troubling rightward shift in the politics of the communist successor states of Europe." Professor Judith Pallot, President of the British Association for Slavonic and East European Studies "In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelkov offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelkov shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelkov 's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the 'natural social order'. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.
Описание: This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice’s adjudication of cases in the field. It then explores how the Member States’ courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.
Автор: Peari, Sagi (visiting Scholar And Adjunct Faculty, Osgoode Hall Law School, York University) Название: Foundation of choice of law ISBN: 019062230X ISBN-13(EAN): 9780190622305 Издательство: Oxford Academ Рейтинг: Цена: 17688.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF) which aims to flesh out the normative basis of the subject. It provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses suchtopics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digitalage.
Автор: Nikolaidis Название: The Right to Equality in European Human Rights Law ISBN: 1138687642 ISBN-13(EAN): 9781138687646 Издательство: Taylor&Francis Рейтинг: Цена: 7501.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ).
In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law.
The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Автор: Campbell Meghan Название: Women, Poverty, Equality ISBN: 1509909745 ISBN-13(EAN): 9781509909742 Издательство: Bloomsbury Academic Рейтинг: Цена: 16381.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The stark reality is that throughout the world, women disproportionately live in poverty. This indicates that gender can both cause and perpetuate poverty, but this is a complex and cross-cutting relationship.The full enjoyment of human rights is routinely denied to women who live in poverty. How can human rights respond and alleviate gender-based poverty? This monograph closely examines the potential of equality and non-discrimination at international law to redress gender-based poverty. It offers a sophisticated assessment of how the international human rights treaties, specifically the Convention on the Elimination of Discrimination Against Women (CEDAW), which contains no obligations on poverty, can be interpreted and used to address gender-based poverty. An interpretation of CEDAW that incorporates the harms of gender-based poverty can spark a global dialogue. The book makes an important contribution to that dialogue, arguing that the CEDAW should serve as an authoritative international standard setting exercise that can activate international accountability mechanisms and inform the domestic interpretation of human rights.
Автор: A. Chloros Название: The Reform of Family Law in Europe ISBN: 940174386X ISBN-13(EAN): 9789401743860 Издательство: Springer Рейтинг: Цена: 6097.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In the last few years European Family Law has undergone considerable changes. As a distinguished scholar and former editor of the Family Law volume of the International Encyclopaedia of Com- parative Law, Professor Max Rheinstein, has put it: `These transformations are not fully completed anywhere.
Автор: Williams Название: Constituting Equality ISBN: 0521898366 ISBN-13(EAN): 9780521898362 Издательство: Cambridge Academ Рейтинг: Цена: 10930.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.
Автор: Bedi Название: Beyond Race, Sex, and Sexual Orientation ISBN: 1107018358 ISBN-13(EAN): 9781107018358 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection. Laws that discriminate against them are generally unconstitutional. This book argues that such an approach suffers from hitherto unnoticed normative and political problems, and it elucidates a competing, extant interpretation of equal protection jurisprudence.
Автор: Williams Название: Constituting Equality ISBN: 1107403170 ISBN-13(EAN): 9781107403178 Издательство: Cambridge Academ Рейтинг: Цена: 7128.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality.
Описание: "Since the fall of the Berlin wall there has been a surprising dearth of high quality of scholarship on legal culture in the communist successor states of East Central Europe. In this excellent book Barbara Havelkova engages with the reversal of many of the advances the socialist period made in gender relations, examining the historical roots of the current failure of Czech law to engage with the discriminatory practices that have negatively affected the lives of women. She does this by a forensic excavation of law, discourses and practices of the socialist era revealing the patriarchal assumptions underpinning them that became deeply embedded in Czech legal culture, and that have been carried forward to the present day. The book is a compelling read. It provides answers to many of the questions that have perplexed feminists about the post-soviet transition and at the same time speaks more generally to the debates surrounding the troubling rightward shift in the politics of the communist successor states of Europe." Professor Judith Pallot, President of the British Association for Slavonic and East European Studies "In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelkova offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelkova shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelkova’s compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the ‘natural social order’. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.
Описание: This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice’s adjudication of cases in the field. It then explores how the Member States’ courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.
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