This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

The concept of reasonable adjustment (alternatively known as reasonable accommodation) is rapidly gaining significance for countries throughout Europe and beyond. Directive 2000/78 required all EU Member States to ensure that, by the end of 2006 at the latest, reasonable accommodation obligations would operate to protect disabled people from unequal treatment in the context of employment. The new United Nations Convention on the Rights of Persons with Disabilities will require ratifying States to impose such obligations in a broad range of situations. This book provides a detailed and critical analysis of the current and potential role of reasonable adjustment duties in British law. It explores the notion of the anticipatory reasonable adjustment duty - a notion which is, in many respects, distinctively British. It probes the relationship between reasonable adjustment and other concepts, including indirect discrimination and positive discrimination. Drawing particularly on US debates, potential sources of resistance to the duties are exposed and an attempt is made to suggest pre-emptive counter strategies. Attention is also given to issues of legal reform and rationalisation - issues of immense topicality and importance in view of the recent British move towards a single Equality Act. In short, this book examines the current and potential role of reasonable adjustment duties in Britain. It will be of interest to lawyers, policy-makers and students working in the field of disability rights. It will also be of interest to all those concerned with the operation and development of equality law and policy more generally, both in Britain and beyond.

Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawsons ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.

This book is based on a conference organised jointly by the editors to mark the European Year of Disabled People. It explores the range of legal strategies which have been adopted,both nationally and internationally, to achieve equality for disabled people and facilitate their inclusion into mainstream society. It examines current developments in anti-discrimination law, both within Member States and at EU level. It also assesses the effectiveness and potential of the human rights framework for disabled Europeans. In addition, a number of approaches to the enforcement and promotion of disability rights are considered. Contributors to this book, drawn from across Europe, represent a variety of different backgrounds. They include leading academics in the field, as well as campaigners and others working to improve or enforce disability-related legislation. The book is a unique and timely contribution to an important and rapidly expanding field of study. It will be of relevance to all those, whether lawyers or not, with an interest in disability and equality issues.