Comparative perspectives on the enforcement and effectiveness of antidiscrimination law :
[Book]
challenges and innovative tools /
Marie Mecat-Bruns, David B. Oppenheimer, Cady Sartorius, editors.
Cham :
Springer,
2018.
1 online resource
Ius comparatum ;
volume 28
Intro; Contents; Part I: Introduction and General Report; Enforcement and Effectiveness of Antidiscrimination Law: Global Commonalities and Practices; 1 Introduction; 2 Enforcement, Effectiveness and the Ambivalent Reception of Antidiscrimination Law (Theme 1); 3 Enforcement and the Disparate Treatment of Grounds of Discrimination (Theme 2); 4 Enforcement of Antidiscrimination Law, Evidence, and Procedural Rules (Theme 3); 5 Enforcement and Variable Resistance to Effective Remedies in Antidiscrimination Law (Theme 4); 6 A Way Forward: Antidiscrimination Law as Transformative Law? (Theme 5)
12 What Is the Relationship Between the Enforcement of Antidiscrimination Law and the Quest for Equality on Both an Individual ... 13 Is the Enforcement of Antidiscrimination Law Regarded as Different from the Enforcement of Other Laws?; 14 What Does the Enforcement of Antidiscrimination Law Reveal About the Nature of Your Legal System or About the Enforcement o ... ; 15 Conclusion; Reference; Belgium; 1 Introduction; 2 Is Antidiscrimination Law Being Enforced?; 3 How Is Antidiscrimination Law Enforced?; 4 Who Enforces Antidiscrimination Law?
4 Who Enforces Antidiscrimination Law?5 Who Benefits from the Enforcement of Antidiscrimination Law?; 6 Who Is Harmed by the Enforcement of Antidiscrimination Law?; 7 What Remedies Are Provided by the Enforcement of Antidiscrimination Law?; 8 Who Supports the Enforcement of Antidiscrimination Law?; 9 Who Opposes the Enforcement of Antidiscrimination Law?; 10 How Broad Is the Coverage of Antidiscrimination Law?; 11 Does the Enforcement of Antidiscrimination Law Vary According to the Ground of Discrimination?
5 Who Benefits from the Enforcement of Antidiscrimination Law?6 Who Is Harmed by the Enforcement of Antidiscrimination Law?; 7 What Remedies Are Provided by the Enforcement of Antidiscrimination Law?; 8 Who Supports the Enforcement of Antidiscrimination Law?; 9 Who Opposes the Enforcement of Antidiscrimination Law?; 10 How Broad Is the Coverage of Antidiscrimination Law?; 11 Does the Enforcement of Antidiscrimination Law Vary According to the Ground of Discrimination?
7 Conclusion: From Enforcement to Effectiveness?Reference; Part II: National Reports; Argentina; 1 Introduction; 2 The Antidiscrimination Act; 3 The Scope of the Antidiscrimination Laws in Argentina; 4 Problems; 5 Enforcement: The INADI and Other Agencies-Civil Society; 6 Enforcement: Case Law; 6.1 Sexual Orientation; 6.2 People with Disabilities; 6.3 Gender Discrimination in Employment; 6.4 Nationality; 7 Towards a More Equal Society; 8 Conclusion; References; Australia; 1 Introduction; 2 Is Antidiscrimination Law Enforced?; 3 How Is Antidiscrimination Law Enforced?
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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.
Springer Nature
com.springer.onix.9783319900681
9783319900674
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