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Victoria Asaba Chege - Multidimensional Discrimination in EU Law: Sex, Race and Ethnicity

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Victoria Asaba Chege

Multidimensional Discrimination in EU Law: Sex, Race and Ethnicity

Series: Arbeits- und Sozialrecht

Volume 118 2011

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Reasons for disadvantage: Beyond discrimination S. 131-133

„… would take the work beyond the ramifications of this study. VI. Reasons for disadvantage: Beyond …” „… discrimination In respect to reasons for disadvantage, the study particularly notes that discrimination has …” „… words, the different factors might make a vicious cycle of disadvantage and should not be regarded in …”

Conclusion and final theses S. 349-376

„… experience disadvantage differently, due to their simultaneous belongingness to different groups. Thus for …” „… disadvantage. At the same time, it can be observed that where migrant women perform better than their male …” „… disadvantage as regards acquisition of professional qualifications. However, an approach based on race and …”

Introducing a provision on multidimensionality S. 293-317

„… , obligations, or disadvantages on such individual or group not imposed on others, or which withholds or limits …” „… . These included pre-existing disadvantage, stereotyping, prejudice, or vulnerability experienced by the …” „… individual or group at issue;17 the pre-existence of disadvantage (though this is not determinant of an …”

General background S. 94-96

„… indicate that both ethnic minorities and women in general continue to face disadvantage in different areas …” „… national lines to the disadvantage of migrants, and most notably third country nationals or migrants from …” „… tackle disadvantage in the most deprived communities. 28 Buckner et al, Ethnic Minority Women and Local …”

Conceptual structure: Additive and intersectional discrimination S. 45-51

„… grounds that particularly puts at disadvantage persons who happen to be marginalised in the different …” „… a unique experience of disadvantage, which can neither be qualified as sex nor as racial …” „… discrimination, but rather as a new type of disadvantage.15 11 For a formal approach Case C-450/93 Kalanke v …”

The United Kingdom S. 113-121

„… Bangladeshi, Pakistani and Black Caribbean women face disadvantage as regards pay, labour market participation …” „… disproportionate disadvantage in comparison to White British men, Black African men and a slight difference when …” „… disadvantage more than doubles in respect to part-time workers,180 the majority of whom happen to be women.181 …”

Reasons associated with immigrants S. 121-124

„… conclusion as Phizacklea that Asian women experience disadvantage in a racialised and genderised context.231 …” „… than either White women or men from the same ethnic backgrounds.234 C. Reasons for disadvantage faced …” „… discrimination and other neutral structural and institutional factors that nevertheless lead to disadvantage …”

Conceptual structure S. 182-189

„… labour market’ as being not socially grounded. The level of disadvantage differs disproportionately among …” „… separate ground of sex, but also the disadvantage caused due to the overlapping nature of grounds as …” „… disadvantage has also been established. This argument will be exemplified further on the basis of positive …”

Position of ethnic minority women beyond education and the labour market S. 133-134

„… disadvantage faced by ethnic minority women. VII. Position of ethnic minority women beyond education and the …” „… disadvantage include language barriers, fear that access to health care might entail loss of immigration status …” „… disadvantage in the areas identified and beyond. In the words of Fredman, ‘to confine equality to employment …”

Need for a religious dimension? S. 130-131

„… acquired citizenship but who might still face disadvantage due on grounds like origins, skin colour among …” „… ramifications of this study. VI. Reasons for disadvantage: Beyond discrimination In respect to reasons for …” „… disadvantage, the study particularly notes that discrimination has indeed been highlighted by different sources …”

The concepts and conceptions in equality law S. 326-333

„… explanatory note on the German AGG, which envisages higher damages where disadvantage occurs on many grounds …” „… Law Review, 2005, issue no. 1, 17-21. 188 See chapter 5 of this work. 328disadvantage, the …” „… disadvantage. This hence disqualifies automatic multiple comparators based on an essentialist understanding of …”

Beyond race and sex – to ethnicity/nationality and sex? S. 131

„… would take the work beyond the ramifications of this study. VI. Reasons for disadvantage: Beyond …” „… discrimination In respect to reasons for disadvantage, the study particularly notes that discrimination has …” „… from other EU Member States are more inclined to be disadvantaged at school and in the labour market …”

The inconsistent levels of protection S. 189-205

„… interacted did not correspond to actual disadvantage undergone, i.e. where only one of the grounds of …” „… disadvantage arising out of intersectionality.84 This issue is magnified by the fact that the Race Directive …” „… dimensions of the disadvantage undergone are incorporated into the legal analysis. In relation to the private …”

Germany S. 96-113

„… give an indication of the prevalence of gender and ethnic disadvantage. This analysis will be …” „… impossible to work out intra-group details. But they still emphasise the disadvantage faced by migrants in …” „… 2005 reveal ethnic and gender disparities which disadvantage both migrants and women as regards …”

Legislative framework S. 256-270

„… disadvantage, specifically highlights the situation of disabled women. § 33 (2) SGB IX mentions securing equal …” „… disadvantage215 on grounds of race, ethnic origins, sex, religion or belief, disability, age or 213 …” „… disadvantage and not discrimination with the view to make a distinction between discrimination, which is always …”

Shortcomings and limitations S. 37-39

„… disadvantages. However, an examination of all possible interactions related to the seven prohibited grounds is …” „… category of citizens, leading to the disappearance of their race, ethnicity and making any disadvantage …” „… an asymmetric approach that focuses on ethnic minority women as being one of the most disadvantaged …”

Research question S. 23-26

„… some particular interactions of grounds are associated with greater disadvantage than others, and that …” „… disadvantage and discrimination in education unknown to Black girls and other ethnic minorities.6 Studies also …” „… reveal that disabled women are inclined to be more disadvantaged on the grounds of sex and disability …”

Post 2000 S. 222-226

„… legislation (to avoid putting persons who had pursued general education at a disadvantage in comparison to …” „… , para. 38. 225though the use of age as an actuarial factor did entail disadvantage to older employees …” „… sex and age in the lives of women, if proved to be more disadvantageous than in the lives of men …”

USA S. 61-76

„… the organisation.136 Factors that served to disadvantage them included inter alia racial and ethnic …” „… been said to disadvantage immigrant women and to confine them to the lowest paying and lowest skilled …” „… that the intersections of race and gender do indeed disadvantage ethnic minority women more than men …”

External barriers S. 124-129

„… 124Constant and Zimmermann also relate the labour market disadvantages faced by ethnic minorities …” „… that second and third generation migrant women in the UK still face disadvantage in the labour market …” „… disadvantaged in the labour market than non-migrant Germans.273 Thus, young adults with a migrant background are …”

Religion or belief, disability, age, sexual orientation S. 150-155

„… of the Framework Directive, multiple discrimination or disadvantage faced by disabled women and/or by …” „… Germany face disadvantage in important areas like education and the labour market. 136 In this respect …” „… multidimensionality than any other measures and explicitly mentioned the disadvantageous position of disabled women …”

Exceptions S. 170-176

„… underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional …” „… for disadvantages linked to sex;276 the Sex Recast Directive refers to measures to be adopted within …” „… the ‘protected group’ or at ameliorating the position of the disadvantaged groups in the society by …”

Effects of gender and ethnicity S. 130

„… acquired citizenship but who might still face disadvantage due on grounds like origins, skin colour among …” „… than male counterparts at school, they are inclined to get disadvantaged later in the labour market …”

Intra-group differences S. 130

„… acquired citizenship but who might still face disadvantage due on grounds like origins, skin colour among …” „… than male counterparts at school, they are inclined to get disadvantaged later in the labour market …”

Preliminary remarks S. 129-130

„… women who have acquired citizenship but who might still face disadvantage due on grounds like origins …” „… to perform better than male counterparts at school, they are inclined to get disadvantaged later in …”

Interim assessment S. 155-156

„… Germany face disadvantage in important areas like education and the labour market. 136 In this respect …” „… multidimensionality than any other measures and explicitly mentioned the disadvantageous position of disabled women …”

Structure S. 36-37

„… possible intersections and resulting disadvantages. However, an examination of all possible interactions …” „… being one of the most disadvantaged groups. There are some other works exploring other …” „… intersectionalities too, including the position of disabled women as another disadvantaged group.89 The main …”

Canada S. 76-85

„… gender, ethnicity, racial origins, and place of birth intersect in income to disadvantage visible …” „… address disadvantage arising from multidimensional discrimination. The study finds that the conceptual …” „… origin are the most disadvantaged, and most notably Black men.256 Recent immigrants also seem to be more …”

Beyond equality law – structural intersectionality at the interface of anti-discrimination law and other policies – The European Employment Strategy (EES) S. 338-347

„… from the labour market and to support integration in employment of people at a disadvantage.258 The …” „… integration of and to combat discrimination against people at a disadvantage in the labour market. This again …” „… approach, or as disadvantaged persons. Thus under the social inclusion objective, the 2003 Guidelines …”

Redressing the social context through anti-discrimination law S. 335-338

„… contested, rules that disadvantage particular groups will remain in place. EU equality directives have in …” „… that were or have faced systematic disadvantage in the society, i.e. through the adoption of measures …” „… systems where the contextual factors, including among others historic, social and political disadvantage …”

Assessment of conceptual structure S. 51-53

„… creating a new experience of disadvantage. In instances where distinct grounds add up with each other, the …” „… different authors employ it in reference to a specific type of interaction, which disadvantageously affects …” „… most disadvantaged or persons who constitute the minority in the different grounds at play, thereby …”

Legislative framework S. 231-250

„… two grounds – dual discrimination.59 Some studies have however documented the disadvantage suffered on …” „… minority women across Europe more vulnerable to poverty, and exposes them to disadvantage in the access of …” „… disadvantage experienced by groups such as women from particular minority ethnic communities.’143 The proposal …”

Evaluation and conclusion S. 85-88

„… address disadvantage arising from multidimensional discrimination. The study finds that the conceptual …” „… minority women, i.e. women from South East Asian remain disadvantaged.329 In Canada, Aboriginal women are …”

Enforcement S. 205-217

„… more joined up, effective approach to tackling different types of disadvantage. It will provide a …” „… remedies awarded did not offset the disadvantages involved.215 Almost ten years later, the Ontario Human …” „… argue that experiencing multidimensional discrimination does not constitute many disadvantages in such a …”

Background S. 43-45

„… grounds that particularly puts at disadvantage persons who happen to be marginalised in the different …” „… a unique experience of disadvantage, which can neither be qualified as sex nor as racial …” „… discrimination, but rather as a new type of disadvantage.15 11 For a formal approach Case C-450/93 Kalanke v …”

Addressing inconsistencies S. 317-326

„… with more structural disadvantage than others. The latter was more or less established in the chapter …” „… structural backgrounds varied along ethnic and gender lines. Addressing such structural disadvantage or …” „… provisions has the potential to disadvantage ethnic minority women who have already been granted access to …”

The United Kingdom (UK) S. 91-94

„… general continue to face disadvantage in different areas. According to the IZA Expert Opinion Survey which …” „… likewise finds that labour markets within the EU are divided along national lines to the disadvantage of …” „… Neighbourhood Renewal is a long term strategy by the state to tackle disadvantage in the most deprived …”

Table of Contents S. 9-16

„… disadvantage faced by ethnic minority women 121 I. Reasons associated with immigrants 121 II. External barriers …” „… ? 131 VI. Reasons for disadvantage: Beyond discrimination 131 VII. Position of ethnic minority women …”

Identifying the socio-context S. 333-335

„… the need to address the root causes of disadvantage.224 There are presently no clear indications on …” „… , which implies that unless contested, rules that disadvantage particular groups will remain in place. EU …”

Methods S. 34-36

„… measures and policies necessary to ameliorate the disadvantage faced by the groups at large. Equality and …” „… ameliorating disadvantage.84 Notwithstanding the foregoing, it is beyond the scope of this legal thesis to …”

Germany S. 89-91

„… reconstruct the causes of disadvantage in the labour market and to make corresponding recommendations.8 Thus …” „… disadvantage on the German labour market. There was an inevitable overlap of those countries which belonged to …”

German courts S. 270-276

„… to privilege Christian symbols to the disadvantage of the Muslim headscarf would constitute …” „… force of the AGG, § 81 (2) (2) SGB IX granted disabled persons who had been disadvantaged when accessing …”

Intersectionality revisited S. 53-61

„… , ethnic minority women exposed to domestic violence or any other disadvantage from the dominant members of …” „… reveal that overall females and ethnic minorities are more disadvantaged in the US labour market in …”

Multidimensionality, intersectionality and additivity S. 42

„… of separable, distinct grounds which add unto one another to the disadvantage of the person affected …”

Equality and equal treatment S. 41-42

„… of separable, distinct grounds which add unto one another to the disadvantage of the person affected …”

Final remarks S. 229-230

„… the present EU legal framework for equality which might indicate that disadvantage arising due to the …”

Issues not addressed S. 228-229

„… the present EU legal framework for equality which might indicate that disadvantage arising due to the …”

Reasons for restricted approach S. 279-291

„… discrimination.369 The Preamble also recognises disadvantage arising from the effects of the interaction of …” „… their disadvantaged position.350 The position of ethnic minority women has indeed not gained much legal …” „… that the criminal justice system disproportionately disadvantaged women in general, which led to …”

Methodology S. 32-34

„… policies necessary to ameliorate the disadvantage faced by the groups at large. Equality and …”

Concept of discrimination S. 156-164

„… practice would put protected persons at a particular disadvantage compared with other persons, unless that …”

Sex S. 136-142

„… on the most disadvantaged in employ- 140Some other instruments did incorporate other criteria …”

Enforcement S. 166-170

„… be reluctant to bring discrimination claims for fear of victimisation, disadvantaged persons are …”

Pre 2000 S. 220-222

„… of women, if proved to be more disadvantageous than in the lives of men, could have been relied on to …”

doi.org/10.5771/9783845227825

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Richard Reeves

Of Boys and Men

2022

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Part II. Double Disadvantage S. 43-82

doi.org/10.5771/9780815739883

Christoph Engel, Fritz Strack - The Impact of Court Procedure on the Psychology of Judicial Decision Making

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Christoph Engel (ed.), Fritz Strack (ed.)

The Impact of Court Procedure on the Psychology of Judicial Decision Making

Series: Common Goods: Law, Politics and Economics - Gemeinschaftsgüter : Recht, Politik und Ökonomie

Volume 18 2007

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Birte Englich, Thomas Mussweiler, Fritz Strack The Last Word in Court – A Hidden Disadvantage for the Defense S. 45-70

„… * University of Würzburg, Germany The Last Word in Court – A Hidden Disadvantage for the Defense Reprint …” „… ). The last word in court – A hidden disadvantage for the defense. With kind permission from Springer …” „… court may place the defense at a distinct disadvantage. 48 The Last Word in Court – A Hidden …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Word in Court – A Hidden Disadvantage for the Defense 45 Christoph Engel The Psychological Case for …”

Chrysostomos Mantzavinos Interpreting the Rules of the Game S. 13-30

„… available to him, e.g. he weighs the advantages and disadvantages, the costs and benefits of the …”

Tom Tyler Task and Socio-Emotional Aspects of Decision Quality: Why is Representation Important? S. 31-44

„… adversary system, which favors the disadvantaged party. If, as they suggest, the goal of the system is to …”

doi.org/10.5771/9783845204291

Adam Bence Balazs - The Europeanization of Montenegro

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Adam Bence Balazs (ed.)

The Europeanization of Montenegro

2022

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Milica Kovač-Orlandić Transformation of the Montenegrin Labour Legislation under the Influence of the EU Integration Process – Advantages and Disadvantages S. 265-290

„… Process – Advantages and Disadvantages Milica Kovač-Orlandić, University of Donja Gorica, Faculty of …” „… , followed by the self-governing communism which had shown multiple disadvantages, leading to its …” „… integration is viewed as a whole at the state level, so all the disadvantages of integration within one area …”

Titelei/Inhaltsverzeichnis S. 1-8

„… the Influence of the EU Integration Process – Advantages and Disadvantages 265Milica …”

Vladimir Ateljević The EU Enlargement Policy Between Europeanization and Balkanization S. 67-94

„… disadvantaged position than previously.Vladimir Ateljević76Dispute settlements2018 February Strategy (European …”

doi.org/10.5771/9783748911081

Dietmar Isert - The Accounting Treatment of Derivatives on a Reporting Entity's Own Shares

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Dietmar Isert

The Accounting Treatment of Derivatives on a Reporting Entity's Own Shares

Series: Finanz- und Rechnungswesen

Volume 8 2009

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Evaluating the advantages and disadvantages of the accounting principles regarding derivatives on an entity’s own shares S. 145-155

„… the fourth assessment criterion. 4.9. Evaluating the advantages and disadvantages of the accounting …” „… principle 3 that entirely fulfills the second assessment criterion ‘reliability’. The disadvantages of …” „… 4.8.2. 452 See section 4.8.3. 453 See section 4.8.4. 148 The disadvantages of accounting principle 3 …”

Evaluating the advantages and disadvantages of the accounting principles regarding deep in the money options on an entity’s own shares S. 205-208

„… shares. 5.4. Evaluating the advantages and disadvantages of the accounting principles regarding deep in …” „… principle 4 to deep in the money options also has a disadvantage, described as follows. The lower the agreed …” „… , rather than accounting principle 2a, to deep in the money options has a significant disadvantage, in that …”

Summary of findings S. 217-223

„… criteria are used to judge the advantages and disadvantages of the accounting principles presented above …” „… entity’s own shares as ‘equity derivatives’ measured at fair value has several disadvantages. The …” „… major disadvantage of the accounting treatment of derivatives on an entity’s own shares as ‘equity …”

Reclassification of (not) deep in the money options on an entity’s own shares S. 208-216

„… the money options has a significant disadvantage, in that the options that are at the borderline (such …” „… , such a reclassification also has disadvantages. The fourth assessment criterion ‘comparability …” „… the reclassification of the component of an option has a significant disadvantage, in that the …”

Summary and conclusions regarding the application of different accounting principles to diverse derivatives on own shares S. 164-167

„… disadvantages. Furthermore, in section 4.9. arguments are presented that support the conclusion that accounting …” „… were to be applied to all derivatives on an entity’s own shares, its disadvantage of not being able to …” „… section in the notes of the financial statements.513 Another approach to mitigate this disadvantage would …”

Problem formulation S. 17-23

„… assessment criteria is presented to assess the advantages and disadvantages of existing accounting standards …” „… regarding the judgment of the advantages and disadvantages of accounting principles, which are applied to …” „… the advantages and disadvantages of the accounting principles of existing international accounting …”

General annotations regarding the fact patters presented about derivatives on an entity’s own shares S. 77-79

„… disadvantages of each of these accounting principles will be presented and examined. Finally, an attempt will be …” „… reached about the advantages and disadvantages of these accounting principles will be applied to the …”

US-GAAP SFAS 150 and EITF Issue No. 00-19 S. 159-161

„… regardless of whether they 487 The advantages and disadvantages of accounting principle 3 are described in …” „… entity’s own shares 489 The advantages and disadvantages of accounting principle 4 are described in …”

Titelei/Inhaltsverzeichnis S. 2-13

„… approach ........................................... 1434.9. Evaluating the advantages and disadvantages of …” „… ................................................................. 197 5.4. Evaluating the advantages and disadvantages of the accounting principles regarding deep in …”

Introduction S. 155-159

„… principles apply. Additionally, for this assessment, the aforementioned advantages and disadvantages of the …” „… regardless of whether they 487 The advantages and disadvantages of accounting principle 3 are described in …”

Balance sheet presentation of financing instruments and derivatives on an entity’s own shares S. 31-37

„… the analysis of the advantages and disadvantages of these approaches will be applied to the judgments …” „… of tax shields and the disadvantage of the (potential) bankruptcy costs of leveraged companies is …”

The economic unit theory and the parent company theory S. 74-75

„… shares. The advantages and disadvantages of applying different accounting principles for diverse …”

Applying the assessment criteria to the accounting principles of the reassessed expected outcomes approach S. 143-145

„… the fourth assessment criterion. 4.9. Evaluating the advantages and disadvantages of the accounting …”

Fourth criterion: comparability of the financial statements over time and between different entities S. 48-50

„… , footnote 2. The advantages and disadvantages of using different measurement bases such as ‘historical cost …”

Fifth criterion: consistent recognition requirements and a consistent measurement basis for derivatives on an entity’s own shares S. 50-52

„… , footnote 2. The advantages and disadvantages of using different measurement bases such as ‘historical cost …”

IFRS statement IAS 32 S. 161-163

„… redemption right (…)”. 497 See sections 4.3.2.5. and 4.7.2.5. 498 The advantages and disadvantages of …”

Deep in the money long put option contracts on an entity’s own shares S. 197-205

„… advantages and disadvantages of the accounting principles regarding deep in the money options on an entity’s …”

The derivation of accounting principles regarding derivatives on an entity’s own shares S. 62-74

„… disadvantages of applying different accounting principles for diverse derivatives on an entity’s own shares are …”

doi.org/10.5771/9783845217239

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