Anti-Discrimination Law in Civil Law Jurisdictions

Author: Barbara Havelkova; Mathias Moeschel
Publisher: Oxford University Press
ISBN: 9780198853138
Published In: December 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

Introduction, Barbara Havelková and Mathias Mösche

Part I Domestic Extra-Legal and Legal Frameworks

1: Cultural Narratives and the Application of Non-Discrimination Law, Jule Mulder

2: Incompatibility between the 'French Republican Model' and Anti-discrimination Law: Deconstructing a Familiar Trope of Narratives of French Law, Stephanie Hennette-Vauchez and Elsa Fondimare

3: The Pre-eminence of the General Principle of Equality over Specific Prohibition of Discrimination on Suspect Grounds in Czechia, Barbara Havelková

4: The Relationship between Disability Non-discrimination Law and Quota Schemes: a Comparison between Common Law and Civil Law Jurisdictions in Europe, Lisa Waddington

5: Access to Justice in Sweden from a Comparative Perspective, Laura Carlson

6: Anti-Discrimination Law and Legal Culture in Germany, Michael Wrase

Part II Enforcement and Effectiveness

7: Combatting Pregnancy Discrimination in the Netherlands: The Role of the Equality Body, Susanne Burri

8: Pares inter inequales? A First Glimpse of the Cases before Senate II of the Austrian Equal Treatment Commission, Martik Risak, Christian Berger, and Miriam Rehm

9: Enforcing Anti-Discrimination Law in Greece: Courts' Resistance and Deficiencies of Civil Litigation against Employment Discrimination, Stamatina Yannakourou and Dimitris Goulas

10: 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, Elena Brodeala

11: The Impact of Anti-discrimination Law in the Netherlands: a Case Study of Discrimination on Grounds of Religion in Employment, Titia Loenen

12: Tackling Indirect Discrimination in Employment in France: a Relative Success?, Marie Mercat-Bruns

13: Challenges to the Effectiveness of the Protection against Indirect Discrimination on the Ground of Sex in Spain, María Amparo Ballester Pastor

14: Italy's (Suprising) Use of Racial Harassment Provisions as a Means of Fighting Discrimination, Mathias Möschel