Cases, Materials and Text on National, Supranational and International Non-Discrimination Law

This casebook, the result of the collaborative efforts of a panel of experts from various EU Member States, is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive and skilfully designed resource for students, practitioners, researchers, public officials, NGOs, consumer organisations and the judiciary. In common with earlier books in the series, this casebook presents cases and other materials (legislative materials, international and European materials, excerpts from books or articles). As non-discrimination law is a comparatively new subject, the chapters search for and develop the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation. The result is a comprehensive textbook with materials from a wide variety of EU Member States. The book is entirely in English (i.e. materials are translated where not available in English). At the end of each chapter a comparative overview ties the material together, with emphasis, where appropriate, on existing or emerging general principles in the legal systems within Europe.
The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender. In so doing, it covers the law of a large number of EU Member States, alongside some international comparisons.
The Ius Commune Casebook on Non-Discrimination Law

• provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies.
• provides the judiciary with the tools needed to respond sensitively to such cases.
• provides material for teaching non-discrimination law to law and other students.
• provides a basis for ongoing research on non-discrimination law.
• provides an up-to-date overview of the implementation of the Directives and of the state of the law.
  This Casebook is the result of a project which has been supported by a grant from the European Commission's Anti-Discrimination Programme.

See the detailed website for this book:
www.casebooks.eu/nonDiscrimination/.

Auteur

Professor Dagmar Schiek is Jean Monnet Professor for European Economic Law at University Carl von Ossietzky Oldenburg (Germany) and has been a visiting professor at University of Ulster, London School of Economics and Maastricht University.
Professor Lisa Waddington holds the European Disability Forum Chair in European Disability Law at Maastricht University, the Netherlands.
Professor Mark Bell is attached to the Centre for European Law and Integration, Faculty of Law, University of Leicester.

Contenu

Chapter 1. Discrimination Grounds
1.1. Introduction
1.2. "Suspect" grounds of discrimination
1.3. The grounds of discrimination
1.4. Discrimination on grounds of assumed characteristics and discrimination by association
1.5. Multiple discrimination
1.6. Comparative analysis
Chapter 2. Direct discrimination
2.1. Introduction
2.2. Recognising direct discrimination
2.3. Establishing direct discrimination
2.4. Proving direct discrimination
2.5. Segregation
2.6. Justifications and exceptions
2.7. Comparative analysis
Chapter 3. Indirect discrimination
3.1. Introduction
3.2. Rationales and conceptions of indirect discrimination law
3.3. Origins of indirect discrimination law
3.4. Problems of comparison
3.5. Indirect discrimination - specific elements
3.6. Comparative analysis
Chapter 4. Harassment
4.1. Introduction
4.2. Historical development
4.3. The Regulation of Harassment and Sexual Harassment in the EU and its Member States prior to 2000
4.4. Regulation of Harassment and Sexual Harassment after Implementation of Directives 2004/43/EC, 2000/78/EC and 2002/73/EC
4.5. Comparative analysis
Chapter 5. Instructions to Discriminate and Victimisation
5.1. Instructions to discriminate
5.2. Victimisation
5.3. Comparative analysis
Chapter 6. Reasonable accommodation
6.1. Introduction
6.2. The meaning of the term "Reasonable Accommodation"
6.3. The entitlement to claim a "Reasonable Accommodation" and the obligation imposed on the party claiming and required to make the accommodation
6.4. Limitations on the obligation to make a "Reasonable Accommodation" and the "Disproportionate Burden" Requirement
6.5. Fitting the Duty to Accommodate into the Non-Discrimination Framework
6.6. The relationship of the Reasonable Accommodation Requirement to Positive Action in the Area of Employment
6.7. Comparative analysis
Chapter 7. Positive Action
7.1. Introduction
7.2. The definition of positive action
7.3. A typology of positive action and other measures including examples
7.4. Positive action under international law
7.5. Positive action under European Union Law
7.6. Positive action before the national courts
7.7. Positive action policies and the protection of private life in the processing of personal data
7.8. Comparative analysis
Chapter 8. Enforcement bodies
8.1. Introduction
8.2. Single or multiple equality bodies?
8.3. Overview of Models for Intervention
8.4 .Legal Norms for enforcement bodies
8.5. Functions
8.6. Protection of Independence
8.7. Comparative Analysis