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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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Multidimensionality and the principle of equality and non discrimination S. 28-31

„… EU law? II. Multidimensionality and the principle of equality and non discrimination The above …” „… questions are placed within the context and ramifications of the principles of equality and …” „… non-discrimination.36 The European Court of Justice (ECJ) has recognised the principle of equality and …”

Sex S. 136-142

„… 136Member State. A more explicit expression of this principle is to be found in Title II of the …” „… 157 TFEU (ex Article 141 EC) which lays down the principle of equal pay between men and women. 8 …” „… Articles 7, 8, 9 Reg. 1612/68. 9 For a discussion see G. More, ‘The principle of equal treatment: From …”

Growth of grounds and multidimensionality S. 26-28

„… principle of equality and non discrimination The above questions are placed within the context and …” „… ramifications of the principles of equality and non-discrimination, not only for international and national …” „… 26B. Practical implications and relevance for EU Equality Law I. Growth of grounds and …”

Provisions on multidimensionality S. 179-182

„… 179Chapter 5 Addressing the intersections of sex and racial discrimination in EU equality law A …” „… Article 3 (3) of the Treaty of the European Union (TEU) which envisages the duty to promote sex equality …” „… mainstreams sex equality. An extension of the mainstreaming duty to other grounds might be identified in …”

Equality and equal treatment S. 41-42

„… equality as inherent in the basic judicial principle of equal treatment of persons (unless there are …” „… to be defined for the purposes of this work is what is meant by equality and equal treatment …” „… ). However, viewed from this perspective, any differential treatment would be a violation of the principle of …”

Research question S. 23-26

„… substantive equality,14 and at other times as the group-based model of justice15 might require the adoption of …” „… gender identities’, Sex Roles, 2006, vol. 54, 589-601, p. 589 f. 13 For concepts of equality see S …” „… concepts of Equality’, ERA Forum, 2003, vol. 4, 9-23. 14 Eg Fredman, Discrimination Law, p. 11; Fredman …”

Conclusion and final theses S. 349-376

„… equality in practice, the principle of equal treatment shall not prevent any public, private or voluntary …” „… ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State …” „… action With a view to ensuring full equality in practice, the principle of equal treatment shall not …”

Exceptions S. 170-176

„… advantage a particular underrepresented group over others) with the principle of substantive equality is not …” „… wide range of new exceptions have also found their way into EU equality law, leading to a widening of …” „… practice under sex equality. 1. Extension or consolidation of the sex approach to the new grounds a …”

Addressing inconsistencies S. 317-326

„… justify constitutionally allowed deviation from the universal principle of equality expressed in [Article …” „… , if they were to be reconciled with the principle of equality as envisaged in the Slovak Constitution …” „… grounds which prevail within the framework of the enumerated list contained in EU equality law. It thus …”

Peculiarities of EU equality law S. 217-220

„… hence advocates for the view that the general principle of equality could apply even between individuals …” „… equality bodies are involved in proceedings leading to sanctions and to the tendency to use of criminal law …” „… to fight racial discrimination in some countries.264 V. Peculiarities of EU equality law Most of the …”

Ethnic minority women S. 39-41

„… the desire to have equality law be rooted in social reality.115 In such cases, the principle of equal …” „… treatment transcends beyond a mere desire for formal equality as inherent in the basic judicial principle of …” „… their works. II. Equality and equal treatment Next to be defined for the purposes of this work is what …”

The inconsistent levels of protection S. 189-205

„… to close the gap and to strengthen the principle of sex equality in EU law.95 Nevertheless, the sex …” „… of protections envisaged by the different equality instruments. Winston thus addresses the …” „… in the previous chapter, EU equality law almost has a standard definition of the concept of …”

Research objective S. 31-32

„… multidimensionality has been or can be integrated into the significantly relevant principle of equality and …” „… 31To stress the relevance of these principles further, the Treaty of Lisbon59 elevates combating …” „… non-discrimination of EU equality law. C. Research objective The objective of this study is to contribute …”

Legislative framework S. 231-250

„… orientation in the provisions of goods and services.10 As from October 2010, a single equality bill – the …” „… limitations of Article 14 ECHR, which offers no independent right to equality, will be reflected in this …” „… the Protection of Human Rights and Fundamental Freedoms16 that grants autonomous rights to equality …”

Legislative framework S. 256-270

„… that unlike in the case of EU equality law, existing research, including Hannett’s ground breaking …” „… coming into force of the German Equal Treatment Act (AGG),200 equality was envisaged in numerous …” „… positive duty to promote equality only relates to the ground of sex.203 At the federal level, the …”

Conceptual structure S. 182-189

„… instruments all purpose to put into effect the principle of equality treatment in the EU Member States, what …” „… plausibility of the former has already been questioned in EU equality law.15 The underlying argument is that a …” „… observed in chapter 2, the inability of US equality law to address multidimensionality was partially …”

Introducing a provision on multidimensionality S. 293-317

„… Article 8 of the South African interim Constitution35 that laid down the principle of equality on a number …” „… fragmented approaches to the grounds of sex, ethnicity and race. An examination of the EU equality law shows …” „… 2010). For a discussion of the jurisprudence see E. Grabham, ‘Law v Canada: New directions for equality …”

Enforcement S. 205-217

„… and the principle of proportionality is observed.164 There is no similar provision for the ground of …” „… and experience in the equality field to overcome and challenge all types of discrimination and take a …” „… equality, equal treatment bodies are provided for by Article 20 of the Recast Directive (previously Article …”

Reasons for disadvantage: Beyond discrimination S. 131-133

„… equality law might want to analyse the effectiveness of the EU nationality provisions as entailed in …” „… . 48. 307 Ibid. 308 See generally S. Fredman, The Future of Equality in Britain, Manchester: EOC, 2002 …” „… the Council amending Council Directive 76/207/EEC on the implementation of the principle of equal …”

Enforcement S. 166-170

„… extended to the new grounds. 1. Burden of proof Community equality law provides for a shift in the burden …” „… principle of proportionality).245 The ruling of the ECJ in Danfoss however implies that save in cases where …” „… legal proceedings aimed at enforcing the principle of equal treatment were prohibited by Directive …”

Literature S. 377-412

„… Principle of Equal Treatment in EC Law, London: Sweet & Maxwell, 1995, 59-79. Barnard, C. and Hepple, B …” „… for Common Law of Europe, Oxford: Hart Publishing, 2007, 185-322. Bell, M., ‘Equality and the European …” „… of the recast of Community equality laws’, EJL, 2007, vol. 13, 186-203. Burrows, N. and Robison, M …”

Methodology S. 32-34

„… the generation of relevant principles and for the experience of applying them. This is in line with …” „… the functional principle of comparative law, which among others requires one to examine those legal …” „… of multidimensionality. Germany too has had constitutional equality guarantees in place since 1949 …”

Post 2000 S. 222-226

„… there was no specific rule of Community law from which a general principle of equality could be derived …” „… 222example have been developed in the case law of the ECJ on sex equality. Cases like Defrenne,294 …” „… (last accessed 23 April 2010); Nielsen, ‘Is EU Equality law capable of addressing multiple …”

Table of Contents S. 9-16

„… principle of equality and non discrimination 28 C. Research objective 31 D. Methodology and methods 32 I …” „… EU Equality Law 26 I. Growth of grounds and multidimensionality 26 II. Multidimensionality and the …” „… 3. Assessment and evaluation 61 10B. The concept of multidimensionality – critique of equality …”

Concept of discrimination S. 156-164

„… equality law, the ECJ first developed the definition of direct discrimination in Defrenne II where it held …” „… grounds of pregnancy.158 The new EU equality directives depart from the previous practice of the ECJ in …” „… , 562-585, p. 563; S. Prechal, ‘Equality of treatment, non-discrimination and social policy: Achievements in …”

Pre 2000 S. 220-222

„… 220On the other hand, directives can act as mediums through which the general principle of equal …” „… constitutional principle inherent in them is indeed effective: first and foremost by virtue of their scope …” „… developed in the case law of the ECJ on sex equality. Cases like Defrenne,294 Marshall,295 Foster,296 …”

Assessment of conceptual structure S. 51-53

„… eventually be used as an overall terminology capturing all types of interactions in EU equality law. In its …” „… chapter 2, section A (I). 61 Recital 14 of Council Directive 2000/43/EC implementing the principle of …” „… the field of equality between men and women [2005] OJ L 255/9. For an overview see also Nielsen, ‘Is …”

Legislative framework S. 276-279

„… culminated into the introduction of a provision on multidimensionality into the Equality Act 2010. However …” „… the business sector. In short, despite the prevalence of many grounds, UK equality law at the moment …” „… . 305 For a discussion see Hepple et al, Equality: A New Framework Report of the Independent Review of …”

Material scope S. 164-166

„… the recent broadening of the scope of EU equality law, there has been an extension of the material …” „… scope of the EU equality provisions, albeit in a fragmented manner. Both the Race and Framework …” „… Directives. The material scope of the sex equality provisions was, before the coming into force of the Sex …”

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

„… 133Thus as far as possible, EU equality law must take into account the specific nature of the …” „… disadvantage in the areas identified and beyond. In the words of Fredman, ‘to confine equality to employment …” „… places a burden on employers to deliver equality which should be the shared responsibility of many actors …”

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

„… Proposal for a Council Directive on implementing the principle of equal treatment between persons …” „… equality law. There is however great potential for the prohibition to discriminate on grounds of religion …” „… to contribute to the development of multidimensional equality law in the EU; as argued above, the …”

Reasons for restricted approach S. 279-291

„… Islamic headscarf was contrary to the principle of equality between men and women, as all religions …” „… , could be reconciled with the principle of gender equality, or for that matter, with the message of …” „… constitutional equality provisions are meant to protect the citizen against the state by virtue of Article 1 (3 …”

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

„… as developed under sex equality law reflects the formal and substantive conceptions of equality11 and …” „… not to be understood as a conception of equality law, although it sounds tempting to do so. Rather …” „… , multidimensionality is an approach to equality which avoids essentialising the experience of discrimination undergone …”

Racial or ethnic origin S. 142-150

„… Equality in the European Union, Oxford: OUP, 2008, p. 9. 73 Article 2 (a) of the Council Directive 2003/109 …” „… lay down the principle of equal treatment of minors in education (see Article 27 (1) Council Directive …” „… of race equality legislation see L. Waddington and M. Bell, ‘European developments. The 1996 …”

Intersectionality revisited S. 53-61

„… politics, as well as in equality law.67 The idea was inherent in the political critique of Black women …” „… principle make the incorporation of a historical analysis relevant in intersectional studies.122 She …” „… to which equality law has taken the multiple identities of individuals and interrelatedness of …”

Nationality provisions S. 135-136

„… . 136Member State. A more explicit expression of this principle is to be found in Title II of the …” „… 157 TFEU (ex Article 141 EC) which lays down the principle of equal pay between men and women. 8 …” „… Articles 7, 8, 9 Reg. 1612/68. 9 For a discussion see G. More, ‘The principle of equal treatment: From …”

Canada S. 76-85

„… concluded that the impugned age distinctions did not violate the equality rights. The majority of the Board …” „… discrimination resonates with the essential purposive and contextual nature of equality analysis under s. 15 (1 …” „… reason in principle, therefore, why a discrimination claim positing an intersection of grounds cannot be …”

USA S. 61-76

„… received more awareness. B. The concept of multidimensionality – critique of equality legislation in …” „… There are other equality acts, including the Equal Pay Act of 1963 (Pub. L. 88-38) (EPA), laying down …” „… the principle of equal pay for equal work between men and women working in the same establishment; the …”

doi.org/10.5771/9783845227825

Yayun Yang - The Implementation Mechanisms of the Principle of Gender Equality in the Labour Market in the EU

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Yayun Yang

The Implementation Mechanisms of the Principle of Gender Equality in the Labour Market in the EU

Series: Arbeitsrechtliche Schriften

Volume 5 2022

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Chapter 1 The Adversarial Mechanism: from Individual Complaints to Collective-based Remedies S. 28-109

„… RemarksTraditionally, the implementation mechanism of the principle of gender equality is negative, responsive and …” „… necessary for the effective implementation of the principle of equality”.10 This means that where the wage …” „… principle of gender equality and are in conformity with the Pregnancy Directive 1992/85/EEC.Moreover, as it …”

Introduction S. 21-27

„… statutory laws by giving preliminary rulings.In this context, the principle of gender equality in the labour …” „… essential to consider the specific instruments that could bring the principle of gender equality in the …” „… principle of gender equality nearer to reality nearer? The traditional way is the individual complaint. For …”

Index S. 395-412

„… popularis 93, 94– adversarial mechanism 105– Advocate of the Principle of Equality 91, 94, 98, 101– Age …” „… decisions 100– Board of Equal Treatment 101– Centre for Equal Treatment 101– Centre for Equality 101 …” „… – Chancellor of Justice 101– CNCD 96, 99, 101, 105– collective action 87– Coman 99– Commission for Equality in …”

Bibliography S. 359-394

„… ) www.equalityhumanrights.com/en/publication-download/our-litigation-and-enforcement-policy-2019-2022 accessed 28 June 2020EQUINET, European Network of Equality Bodies, ‘Functions-Litigation …” „… ): https://www.equalityadvisoryservice.com/EQUINET, European Network of Equality Bodies: https://equineteurope.org/European Union (EU …” „… . Knopf 1983)Hepple, Bob, Coussey, Mary, and Choudhury, Tufyal, Equality: A New Framework: Report of the …”

Chapter 2 Public Procurement and Gender Quotas S. 110-195

„… gender quota mechanisms focus on implementing the principle of gender equality in a very positive and ex …” „… subcontractors to implement the principle of gender equality in the labour market? Should the previous …” „… to what extent should the principle of gender equality be considered as one of the contract award …”

Conclusion S. 353-358

„… instruments which can bring the principle of gender equality nearer to reality.In general, although relevant …” „… principle of gender equality have their own advantages and limitations. They are complementary rather than …” „… is no breach of the principle of equal treatment between women and men. Nevertheless, the issues such …”

Titelei/Inhaltsverzeichnis S. 1-20

„… The Implementation Mechanisms of the Principle of Gender Equality in the Labour Market in the …” „… Principle of Gender Equality in the Labour Market in the EUA Sino-European Comparative AnalysisDas HSI ist …” „… Cataloging-in-Publication DataYang, YayunThe Implementation Mechanisms of the Principle of Gender Equality in the Labour …”

Chapter 5 A Sino-European Comparative Perspective: Useful Experiences for China? S. 264-352

„… China and European countries face similar problems in implementing the principle of gender equality in …” „… Anti-Discrimination Law or Gender Equality Law in China, the principle of gender equality has been integrated into …” „… traditional implementation mechanism of the principle of gender equality, comparable provisions concerning …”

Chapter 4 Modern and Digital Mechanisms: Several Possibilities S. 247-263

„… least offer one more possibility to implement the principle of gender equality.Last but not least, apart …” „… government decision-makers in implementing the principle of gender equality in the labour market. However …” „… principle of gender equality via social media such as Facebook. As a result, it helps raise people’s …”

Chapter 3 The Family-friendly Legislation: Work-Life Balance S. 196-246

„… fundamentally eliminated. In this sense, as a mechanism to implement the principle of gender equality, the …” „… principle of gender equality? Before the adoption of the Parental Leave Directive 96/34/EC, there was a …” „… family-related measures for the implementation of the principle of gender equality in the labour market.Flexible …”

doi.org/10.5771/9783748911159

Christine Hohmann-Dennhardt, Marita Körner, Reingard Zimmer - Geschlechtergerechtigkeit

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Christine Hohmann-Dennhardt (ed.), Marita Körner (ed.), Reingard Zimmer (ed.)

Geschlechtergerechtigkeit

2010

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Dagmar Schiek EU non-discrimination law & policy: Gender in the maze of multidimensional equalities S. 472-488

„… complemented by active policies striving for gender equality, inter alia through the principle of gender …” „… approach to gender equality as marshalling a new principle of social policy for reasons other than …” „… based on sex may be a problem under the principle of gender equality.39 This leads to a contradiction …”

Eberhard Eichenhofer Gleichheit – abstrakt und konkret! S. 79-91

„… . 45 Bayefsky, A.F., The Principle of Equality or Non- Discrimination in International Law, 11 (1990 …” „… haben darf. Dies ist ganz und gar normativ gemeint: »The liberal conception of formal equality is one …” „… Grund auf benachteiligt. 22 Williams, B., The idea of equality, in Pojman, L.S./Westmoreland, R. (Ed …”

doi.org/10.5771/9783845226552

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RphZ Rechtsphilosophie

Browse Volumes: RphZ Rechtsphilosophie

RphZ Volume 1 (2015) Issue 4 ISSN Online: 2942-3341

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Elena Pribytkova Unconditional Basic Income or a Decent Social Minimum? S. 377-392

„… economic equality. The scope of a social minimum is defined by the principle of sufficiency, which does not …” „… (formal freedom) and equality of status correspondingly. Being inspired by Rawls two principles of …” „… Equality of liberty Equality of status Principle of distribution Maximin Sufficiency Content Basic income …”

Asya Ostroukh Simeon McIntoshs Contribution to the Solution of the Chattel-House Problem in the Commonwealth Caribbean S. 393-402

„… of this land (fixture) and loses its quality of a chattel. This is based on the famous principle …” „… proprietary power, or to prevent exercise of the right to alienate that deny the human equality on which …” „… 2015 McIntosh s Contribution to the Solution of the Chattel-House Problem 393 Simeon McIntosh s …”

doi.org/10.5771/2364-1355-2015-4

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VRÜ Verfassung und Recht in Übersee

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VRÜ | WCL Volume 17 (1984) Issue 4 ISSN Online: 2941-9603

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E.U. Petersmann The Changing Structure of International Economic Law. On a Recent Book by P. VerLoren van Themaat S. 503-522

„… principles of sovereignty and equality in the law of international organizations resulting from the …” „… competition conditions through Community legislation. Legal variations of principles of substantive equality …” „… reduced to principles of freedom (for states and often also for their nationals), principles of equality …”

doi.org/10.5771/0506-7286-1984-4

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