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Critical Race Theory (CRT) is virtually unheard of in European
scholarship, especially among legal scholars. Law, Lawyers and
Race: Critical Race Theory from the United States to Europe
endeavours to fill this gap by providing an overview of the
definition and consequences of CRT developed in American
scholarship and describing its transplantation and application in
the continental European context. The CRT approach adopted in this
book illustrates the reasons why the relationship between race and
law in European civil law jurisdictions is far from anodyne. Law
plays a critical role in the construction, subordination and
discrimination against racial minorities in Europe, making it
comparable, albeit in slightly different ways, to the American
experience of racial discrimination. Anti-Semitism, Islamophobia,
anti-Roma and anti-Black racism constitute a fundamental factor,
often tacitly accepted, in the relationship between law and race in
Europe. Consequently, the broadly shared anti-race and anti-racist
position is problematic because it acts to the detriment of victims
of racism while privileging the White, Christian, male majority.
This book is an original exploration of the relationship between
law and race. As such it crosses the disciplinary divide,
furthering both legal scholarship and research in Race and
Ethnicity Studies.
The member states of the EU have only very recently begun to
consider race and racism in the framework of equality legislation
and policies. As opposed to an established Anglo-Saxon tradition of
naming races and using racial categorisation to fight racism, most
continental European countries resist this approach. This book
investigates the problematic reception and elaboration of race as a
socio-legal category in Europe. Fighting Discrimination in Europe
takes a fresh and interdisciplinary look at the normative,
theoretical and concrete problems raised by the challenge of
devising and enforcing policies to combat race discrimination in
Europe. It engages with the juridical and political spheres, from
the international level down to concrete cases of state and city
policies. As the multifaceted relationship between race,
discrimination and immigration is explored, new normative positions
and practical approaches are developed, and new questions raised.
This collection presents important new research for academics,
researchers, and advanced students of Ethnic Studies, Migration
Studies, Legal Studies, Sociology, Anthropology, and Policy
Studies. This book was originally published as a special issue of
Ethnic and Racial Studies.
Stereotypes are beliefs about groups of people. Some examples,
taken from human rights case law, are the notions that 'Roma are
thieves', 'women are responsible for childcare', and 'people with a
mental disability are incapable of forming political opinions'.
Increasingly, human rights monitoring bodies including the European
and inter-American human rights courts, the Committee on the
Elimination of Discrimination against Women, and the Committee on
the Elimination of Racial Discrimination voice concerns about
stereotyping and warn States not to enforce harmful stereotypes.
Human rights bodies thus appear to be starting to realise what
social psychologists discovered a long time ago: that stereotypes
underlie inequality and discrimination. Despite their relevance and
their legal momentum, however, stereotypes have so far received
little attention from human rights law scholars. This volume is the
first one to broadly analyse stereotypes as a human rights issue.
The scope of the book includes different stereotyping grounds such
as race, gender, and disability. Moreover, this book examines
stereotyping approaches across a broad range of supranational human
rights monitoring bodies, including the United Nations human rights
treaty system as well as the regional systems that are most
developed when it comes to addressing stereotypes: the Council of
Europe and the inter-American system.
The member states of the EU have only very recently begun to
consider race and racism in the framework of equality legislation
and policies. As opposed to an established Anglo-Saxon tradition of
naming races and using racial categorisation to fight racism, most
continental European countries resist this approach. This book
investigates the problematic reception and elaboration of race as a
socio-legal category in Europe. Fighting Discrimination in Europe
takes a fresh and interdisciplinary look at the normative,
theoretical and concrete problems raised by the challenge of
devising and enforcing policies to combat race discrimination in
Europe. It engages with the juridical and political spheres, from
the international level down to concrete cases of state and city
policies. As the multifaceted relationship between race,
discrimination and immigration is explored, new normative positions
and practical approaches are developed, and new questions raised.
This collection presents important new research for academics,
researchers, and advanced students of Ethnic Studies, Migration
Studies, Legal Studies, Sociology, Anthropology, and Policy
Studies. This book was originally published as a special issue of
Ethnic and Racial Studies.
Critical Race Theory (CRT) is virtually unheard of in European
scholarship, especially among legal scholars. Law, Lawyers and
Race: Critical Race Theory from the United States to Europe
endeavours to fill this gap by providing an overview of the
definition and consequences of CRT developed in American
scholarship and describing its transplantation and application in
the continental European context. The CRT approach adopted in this
book illustrates the reasons why the relationship between race and
law in European civil law jurisdictions is far from anodyne. Law
plays a critical role in the construction, subordination and
discrimination against racial minorities in Europe, making it
comparable, albeit in slightly different ways, to the American
experience of racial discrimination. Anti-Semitism, Islamophobia,
anti-Roma and anti-Black racism constitute a fundamental factor,
often tacitly accepted, in the relationship between law and race in
Europe. Consequently, the broadly shared anti-race and anti-racist
position is problematic because it acts to the detriment of victims
of racism while privileging the White, Christian, male majority.
This book is an original exploration of the relationship between
law and race. As such it crosses the disciplinary divide,
furthering both legal scholarship and research in Race and
Ethnicity Studies.
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.
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