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This casebook, the result of the collaborative efforts of a panel
of experts from various EU Member States, is the latest in the Ius
Commune Casebook series developed at the Universities of Maastricht
and Leuven. The book provides a comprehensive and skilfully
designed resource for students, practitioners, researchers, public
officials, NGOs, consumer organisations and the judiciary. In
common with earlier books in the series, this casebook presents
cases and other materials (legislative materials, international and
European materials, excerpts from books or articles). As
non-discrimination law is a comparatively new subject, the chapters
search for and develop the concepts of discrimination law on the
basis of a wide variety of young and often still emerging case law
and legislation. The result is a comprehensive textbook with
materials from a wide variety of EU Member States. The book is
entirely in English (i.e. materials are translated where not
available in English). At the end of each chapter a comparative
overview ties the material together, with emphasis, where
appropriate, on existing or emerging general principles in the
legal systems within Europe. The book illustrates the distinct
relationship between international, European and national
legislation in the field of non-discrimination law. It covers the
grounds of discrimination addressed in the Racial Equality and
Employment Equality Directives, as well as non-discrimination law
relating to gender. In so doing, it covers the law of a large
number of EU Member States, alongside some international
comparisons. The Ius Commune Casebook on Non-Discrimination Law -
provides practitioners with ready access to primary and secondary
legal material needed to assist them in crafting test case
strategies. - provides the judiciary with the tools needed to
respond sensitively to such cases. - provides material for teaching
non-discrimination law to law and other students. - provides a
basis for ongoing research on non-discrimination law. - provides an
up-to-date overview of the implementation of the Directives and of
the state of the law. This Casebook is the result of a project
which has been supported by a grant from the European Commission's
Anti-Discrimination Programme. See the detailed website for this
book: www.casebooks.eu/nonDiscrimination/.
Given the recent developments in the European Union and the Council
of Europe calling for greater protection from discrimination and
promotion of equality,this report is both a timely and a valuable
contribution to current debates. It maps out the territory covered
by the new anti-discrimination provisions at a European Union level
and draws on the experience of the provision of anti-discrimination
laws in selected countries. It examines the effect of incorporation
of the Human Rights Act in UK domestic law, and the proposals in
the Council of Europe for strengthening the European Convention on
Human Rights anti-discrimination provision. Finally, it suggests
recommendations for strengthening protection from discrimination at
the EU level. Contents: Foreword - Robin Allen; Introduction:
setting the context - Gay Moon; Legal background - Razia Karim and
Gay Moon; International treaties and comparative experience -
Rabinder Singh QC; Equality as a Human Right: Towards a stronger
European protection against discrimination; the preparation of a
new additional protocol to the ECHR - Jeroen Schokkenbroek;
Applying equality and non-discrimination rights through the Human
Rights Act 1998 - Jonathan Cooper; Equality as an EC Right: The
European Union and Article 13 of the Treaty establishing the
European Community - Elspeth Guild; The new Article 13 EC Treaty: a
platform for a European policy against racism? - Mark Bell; Race
Discrimination and the role of the European Union - Conor Gearty;
Conclusions and recommendations - Gay Moon; Appendices - I)
Summaries of legislation in Canada, the Netherlands and India; 2)
Proposed Additional Protocol, July 1999; 3) Proposals for new EC
directives, December 1999.
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