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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/.
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.
The European Yearbook of Disability Law is part of the ongoing
research programme of the Maastricht Centre for Human Rights of
Maastricht University and the Centre for Disability Law and Policy
of the National University of Ireland Galway. The European Yearbook
of Disability Law reviews the significant developments at European
level regarding disability law and policy. The Yearbook contains a
series of articles on current challenges and developments from
senior analysts and academics working in the field. It aims to
provide critical insight in the evolution of European disability
law and policy and offers analyses of pressing challenges in a
broad range of fields. The core of the Yearbook consists of a
review of the preceding year's significant events, as well as
policy and legal developments within the institutions of the
European Union. It reviews major EU policy developments, studies
and other publications, legislative proposals, and case law from
the Court of Justice of the European Union and the European Court
of Human Rights.
This comprehensive volume assesses the relationship between legal
rights and disability and the effect of law, legal process and
third party professional intervention on the lives of people with
disabilities. Stressing the crucial role played by disabled people
themselves in fulfilling the promise of the worldwide rights
movement, the chapters examine this relationship across a variety
of themes, stressing the legal elements of each issue, and the
extent to which law can assist in strengthening individual rights
in that area. The contributors, who are all either academics or
other professional experts in their field, write in a jargon free
accessible style. The volume will be of interest to lawyers, human
rights activists, health care professionals and to disabled people
generally. The main areas covered in the volume are: * new
perspectives on working in partnership with disabled people; * the
changing attitudes to the rights of people with disabilities across
the globe; * improvements to the rights of disabled people through
legal process, using national and international law; * an
examination of the rights and entitlement of disabled people to
community care, housing, employment, education, and special
services for children; * disabled people and mental health law; *
messages from disability research for law, practice and reform
implications for research.
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