Anti-Discrimination Law in Civil Law Jurisdictions

by Barbara Havelková, Mathias Möschel

Overview

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.

Product Details

ISBN-13:	9780198853138
Publisher:	Oxford University Press
Publication date:	02/12/2020
Pages:	310
Product dimensions:	9.30(w) x 6.20(h) x 1.10(d)

About the Author

Edited by Barbara Havelková, Associate Professor, University of Oxford, and Mathias Möschel, Associate Professor, Central European University

Table of Contents

Introduction, Barbara Havelková and Mathias MöschelPart I Domestic Extra-Legal and Legal Frameworks1. Cultural Narratives and the Application of Non-Discrimination Law, Jule Mulder2. Incompatibility between the 'French Republican Model' and Anti-discrimination Law: Deconstructing a Familiar Trope of Narratives of French Law, Stephanie Hennette-Vauchez and Elsa Fondimare3. The Pre-eminence of the General Principle of Equality over Specific Prohibition of Discrimination on Suspect Grounds in Czechia, Barbara Havelková4. The Relationship between Disability Non-discrimination Law and Quota Schemes: a Comparison between Common Law and Civil Law Jurisdictions in Europe, Lisa Waddington5. Access to Justice in Sweden from a Comparative Perspective, Laura Carlson6. Anti-Discrimination Law and Legal Culture in Germany, Michael WrasePart II Enforcement and Effectiveness7. Combatting Pregnancy Discrimination in the Netherlands: The Role of the Equality Body, Susanne Burri8. Pares inter inequales? A First Glimpse of the Cases before Senate II of the Austrian Equal Treatment Commission, Martik Risak, Christian Berger, and Miriam Rehm9. Enforcing Anti-Discrimination Law in Greece: Courts' Resistance and Deficiencies of Civil Litigation against Employment Discrimination, Stamatina Yannakourou and Dimitris Goulas10. 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 Brodeala11. The Impact of Anti-discrimination Law in the Netherlands: a Case Study of Discrimination on Grounds of Religion in Employment, Titia Loenen12. Tackling Indirect Discrimination in Employment in France: a Relative Success?, Marie Mercat-Bruns13. Challenges to the Effectiveness of the Protection against Indirect Discrimination on the Ground of Sex in Spain, María Amparo Ballester Pastor14. Italy's (Suprising) Use of Racial Harassment Provisions as a Means of Fighting Discrimination, Mathias Möschel

Editorial Reviews

"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." — Sophia Ayada, European Journal of Legal Studies

From the Publisher