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Foundations of Indirect Discrimination Law

Foundations of Indirect Discrimination Law

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509939664
  • Published In: June 2020
  • Format: Paperback
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Details

    This collections explores at a theoretical level the EU approach to indirect discrimination, asking some big questions about it like is its purpose social justice or formal equality, or what is the underlying theory of structural disadvantage for protected groups.

    This offers a unique perspective as, while a lot has been written about direct discrimination (aims, purposes, theory), there is very little about indirect discrimination.

  • 1. Indirect Discrimination Law: Controversies and Critical Questions
    Hugh Collins and Tarunabh Khaitan
    2. Direct and Indirect Discrimination: Is There Still a Divide?
    Sandra Fredman
    3. Approaching the Indirect–Direct Discrimination Distinction: Concepts, Justifications and Policies
    Nicholas Bamforth
    4. Judicial Scepticism of Discrimination at the ECtHR
    Barbara Havelková
    5. Indirect Discrimination and the Duty to Avoid Compounding Injustice
    Deborah Hellman
    6. The Moral Seriousness of Indirect Discrimination
    Sophia Moreau
    7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination?
    Ronan McCrea
    8. Indirect Discrimination, Affirmative Action and Relational Egalitarianism
    Kasper Lippert-Rasmussen
    9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law
    Tarunabh Khaitan and Sandy Steel
    10. Anti-discrimination Law and the Duty to Integrate
    Julie C Suk
    11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination
    Hugh Collins

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