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Foundations of Indirect Discrimination Law

Editat de Hugh Collins, Tarunabh Khaitan
en Limba Engleză Hardback – 21 feb 2018
Indirect discrimination (or disparate impact) concerns the application of the same rule to everyone, even though that rule significantly disadvantages one particular group in society. Ever since its recognition by the Supreme Court of the United States in 1971, liberal democracies around the world have grappled with the puzzle that it can sometimes be unfair and wrong to treat everyone equally. The law's regulation of private acts that unintentionally (but disproportionately) harm vulnerable groups has remained extremely controversial, especially in the United States and the United Kingdom. In original essays in this volume, leading scholars of discrimination law from North America and Europe explore the various facets of the law on indirect discrimination, interrogating its foundations, history, legitimacy, purpose, structure, and relationship with other legal concepts. The collection provides the first international work devoted to this vital area of the law that seeks both to prevent unfair treatment and to transform societies.Cited by Justice Miller in R v Sharma, 2020 ONCA 478, Court of Appeal for Ontario, 24 July 2020; by Justice Abella in Fraser v Canada (Attorney General), 2020 SCC 28, Supreme Court of Canada, 16 October 2020; and by Justice Chandrachud in Nitisha v Union of India, WP(C) No-001109 - 2020, Supreme Court of India, 25 March 2021.
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Specificații

ISBN-13: 9781509912544
ISBN-10: 1509912541
Pagini: 304
Dimensiuni: 156 x 234 x 26 mm
Greutate: 0.66 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This volume is a much needed and rigorous study of the EU's approach to indirect discrimination.

Notă biografică

Hugh Collins is the Vinerian Professor of English Law, All Souls' College, Oxford. Tarunabh Khaitan is Associate Professor & Hackney Fellow in Law at Wadham College, Oxford and Associate Professor & Future Fellow, Melbourne Law School.

Cuprins

1. Indirect Discrimination Law: Controversies and Critical Questions Hugh Collins and Tarunabh Khaitan2. Direct and Indirect Discrimination: Is There Still a Divide? Sandra Fredman3. Approaching the Indirect-Direct Discrimination Distinction: Concepts, Justifications and Policies Nicholas Bamforth4. Judicial Scepticism of Discrimination at the ECtHR Barbara Havelková5. Indirect Discrimination and the Duty to Avoid Compounding Injustice Deborah Hellman6. The Moral Seriousness of Indirect Discrimination Sophia Moreau7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination? Ronan McCrea8. Indirect Discrimination, Affirmative Action and Relational EgalitarianismKasper Lippert-Rasmussen9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law Tarunabh Khaitan and Sandy Steel10. Anti-discrimination Law and the Duty to Integrate Julie C Suk11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination Hugh Collins

Recenzii

[A]n erudite collection of essays which at times is thought provoking... it is not necessarily aimed at practitioners, it is a useful tool in understanding how others analyse the concept of indirect discrimination; it explores some of the factors which may consciously or subconsciously influence the thinking of, and arguments of, opponents and judges in their approach to some of the more difficult issues thrown up by indirect discrimination claims.
[T]his book excels in offering a snapshot into contemporary discrimination law scholarship and is a must-read for anyone working in this area. Several of the essays are sure to shape the contours of debates in this field for years.