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This paper focuses on litigation relating to special programs. It canvasses the questions and concerns being raised about special programs in litigation, and discusses the interpretation of constitutional and legislative provisions that endorse equity initiatives. It is designed to provide guidance to adjudicators confronted with the questions raised by the practice of equity. It is also directed at legislators and policy makers faced with the need to develop more elaborate guidelines about the implementation of equity initiatives.
This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
An innovative work that outlines new ways to think about equality and law.
First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employment. It examines the mechanisms and characteristics of systemic discrimination and the shortcomings of complaint-based laws. Yet these characteristics can also inform employers and government authorities of the kinds of preventive action that help alleviate systemic discrimination at the workplace. In its search for a rational government policy response to systemic discrimination, the book evaluates selected legal regimes which impose proactive obligations on employers to promote equality at the workplace. Proactive regimes are regulatory in nature, rather than adjudicatory. They induce employer compliance through technical assistance, dialogue and regulatory pressure, rather than court orders. By examining the key elements of these regimes the author explains why some proactive regimes function better than others, and why proactive regimes function better than complaint-based laws in addressing systemic discrimination.
While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.
An exploration of Canadian values and beliefs as filtered through the ideologies of Colonel Reuben Wells Leonard, the Leonard Trust, and the law governing private discriminatory action.