Anti-Discrimination Law in Civil Law Jurisdictions by Havelková, Barbara; Möschel, Mathias;

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Product details:

Publisher OUP Oxford
Date of Publication 19 December 2019

ISBN 9780198853138
Binding Hardback
No. of pages310 pages
Size 238x161x27 mm
Weight 644 g
Language English

Short description:

This book provides an analysis of how anti-discrimination law works or does not work in continental European countries. It offers an innovative comparative, critical, legal and socio-legal, look at jurisdictions beyond the common law.

Long description:

This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.

This collection of essays nicely complements the broad existing literature on anti-discrimination law ... Ultimately, the contributions prompt the reader to go beyond the boundaries of their own research framework and build bridges between legal regimes. As a constellation of studies enriched by their combination, this volume meets expectations and paves the way for future comparative and socio-legal research.

Introduction
Part I Domestic Extra-Legal and Legal Frameworks
Cultural Narratives and the Application of Non-Discrimination Law
Incompatibility between the 'French Republican Model' and Anti-discrimination Law: Deconstructing a Familiar Trope of Narratives of French Law
The Pre-eminence of the General Principle of Equality over Specific Prohibition of Discrimination on Suspect Grounds in Czechia
The Relationship between Disability Non-discrimination Law and Quota Schemes: a Comparison between Common Law and Civil Law Jurisdictions in Europe
Access to Justice in Sweden from a Comparative Perspective
Anti-Discrimination Law and Legal Culture in Germany
Part II Enforcement and Effectiveness
Combatting Pregnancy Discrimination in the Netherlands: The Role of the Equality Body
Pares inter inequales? A First Glimpse of the Cases before Senate II of the Austrian Equal Treatment Commission
Enforcing Anti-Discrimination Law in Greece: Courts' Resistance and Deficiencies of Civil Litigation against Employment Discrimination
Gender Discrimination in Romania through the Case Law of the ECtHR: Searching for the Roots of the Systemic Failure to Protect Women's Rights in Romania
The Impact of Anti-discrimination Law in the Netherlands: a Case Study of Discrimination on Grounds of Religion in Employment
Tackling Indirect Discrimination in Employment in France: a Relative Success?
Challenges to the Effectiveness of the Protection against Indirect Discrimination on the Ground of Sex in Spain
Italy's (Suprising) Use of Racial Harassment Provisions as a Means of Fighting Discrimination