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Intersectional discrimination and EU law: Time to revisit Parris 跨部门歧视与欧盟法律:是时候重新审视帕里斯了
IF 1.1 Q1 LAW Pub Date : 2024-09-17 DOI: 10.1177/13582291241285336
Erica Howard
In this article it is argued that the CJEU judgment in Parris needs to be revisited to recognise that intersectional discrimination is covered by the EU anti-discrimination Directives. There are several reasons for this. First, a prohibition of intersectional discrimination is now laid down in an EU anti-discrimination Directive (Directive, 2023/970/EC); second, this would fit in with developments in the EU Commission, Council and Parliament; third Parris turns on its own facts; fourth a purposive or capacious interpretation of these Directives already allows for such discrimination to be included in the Directives; fifth, the shift in CJEU case law towards a intra-group comparison for discrimination can make comparisons in intersectional discrimination cases easier. It is argued that without acknowledging that intersectional discrimination is covered by the EU anti-discrimination Directives, victims of such discrimination, like Mr Parris and others, like headscarf wearing women, might be left without a remedy when they suffer discrimination on a combination of grounds.
本文认为,需要重新审视欧盟法院在 Parris 案中的判决,以承认欧盟反歧视指令涵盖了交叉歧视。这样做有几个原因。首先,欧盟反歧视指令(指令,2023/970/EC)现已规定禁止交叉歧视;其次,这与欧盟委员会、理事会和议会的发展相吻合;第三,Parris 案是基于其自身的事实;第四,对这些指令的目的性解释或宽泛解释已经允许将此类歧视纳入指令;第五,欧盟法院判例法转向对歧视进行群体内比较,可以使交叉歧视案件的比较更加容易。有观点认为,如果不承认欧盟反歧视指令涵盖了交叉歧视,那么像 Parris 先生和其他一些人(如佩戴头巾的妇女)这样的歧视受害者在遭受基于多种理由的歧视时,就可能得不到补救。
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引用次数: 0
Editorial - September 2024 社论 - 2024 年 9 月
IF 1.1 Q1 LAW Pub Date : 2024-08-28 DOI: 10.1177/13582291241278800
Laura Carlson, James Hand, Panos Kapotas
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引用次数: 0
On the margins of refuge: Queer Syrian refugees and the politics of belonging and mobility in post-2019 Lebanon 在避难所的边缘:叙利亚同性恋难民与 2019 年后黎巴嫩的归属和流动政治
IF 1.1 Q1 LAW Pub Date : 2024-07-23 DOI: 10.1177/13582291241263802
Jasmin Lilian Diab, Bechara Samneh
This paper explores the dual marginalization of LGBTIQ+ Syrian refugees in Lebanon, highlighting the interplay between national policies on deportation and the crackdown on the LGBTIQ+ community post-2019. Lebanon, home to 1.5 million Syrian refugees—the highest per capita globally—is a case study in how social, political, economic, and legal frameworks do not merely overlook refugee challenges but actively intensify their isolation. Particularly for LGBTIQ+ Syrian refugees, everyday experiences of violence, discrimination, stigmatization, and isolation are exacerbated by these frameworks. In 2022, this situation worsened when Lebanon's Minister of Interior, yielding to pressure from religious groups, directed security forces to disrupt gatherings within the LGBTIQ+ community. Employing qualitative research methods, this study delves into the compounded effects of these policies on the intersectional vulnerabilities of queer Syrian refugees. It examines their perceptions of vulnerability and security, underlining the profound impacts of overlapping decisions on deportation and the suppression of LGBTIQ+ rights.
本文探讨了在黎巴嫩的 LGBTIQ+ 叙利亚难民的双重边缘化问题,强调了驱逐出境的国家政策与 2019 年后对 LGBTIQ+ 群体的镇压之间的相互作用。黎巴嫩是 150 万叙利亚难民的家园--全球人均难民数最多的国家--是社会、政治、经济和法律框架如何不仅忽视难民的挑战,而且积极加剧其孤立的案例研究。特别是对于叙利亚的 LGBTIQ+ 难民来说,这些框架加剧了他们日常遭受的暴力、歧视、侮辱和孤立。2022 年,黎巴嫩内政部长屈服于宗教团体的压力,指挥安全部队破坏 LGBTIQ+ 社区内的集会,使情况进一步恶化。本研究采用定性研究方法,深入探讨了这些政策对叙利亚同性恋难民交叉脆弱性的复合影响。研究探讨了他们对脆弱性和安全的看法,强调了关于驱逐出境和压制 LGBTIQ+ 权利的重叠决定所产生的深远影响。
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引用次数: 0
The prohibition of discrimination and the workers’ right to maternity or paternity leave in light of the drafting history of Article 40 of the Constitution of Uganda and sections 56 and 57 of the Employment Act 根据《乌干达宪法》第 40 条和《就业法》第 56 和 57 条的起草历史,禁止歧视和 工人休产假或陪产假的权利
IF 1.1 Q1 LAW Pub Date : 2024-07-23 DOI: 10.1177/13582291241267005
Jamil D Mujuzi
Workers’ rights are provided for under Article 40 of the Constitution (1995) and in other pieces of legislation. Sections 56 and 57 of the Employment Act (2006) (the Act) provide for the rights to maternity leave and paternity leave respectively. Section 56(1) of the Act provides that ‘[a] female employee shall, as a consequence of pregnancy have the right’ to maternity leave as a result of ‘child birth or miscarriage.’ On the other hand, section 57(1) of the Act provides ‘[a] male employee shall, immediately after the delivery or miscarriage of a wife, have the right to’ paternity leave. It is evident that under section 56, for a female employee to qualify for maternity leave, she doesn’t have to be married. However, for a male employee to qualify for paternity leave, he has to be married. The reason for this is explained in the drafting history of section 57. It is argued that this amounts to discrimination on the ground of marital status. It is also argued that section 56(1) is only applicable to biological mothers and excludes adoptive mothers, commissioning parents (in cases of surrogacy) and those who have committed abortion. This is also discriminatory but could be justified in the case of commissioning parents, adoptive parents and those who have committed abortion.
宪法》(1995 年)第 40 条和其他立法规定了工人的权利。就业法》(2006 年)(《就业法》)第 56 和 57 条分别规定了产假和陪产假的权利。该法第 56(1)条规定,"女性雇员因怀孕而有权 "因 "分娩或流产 "休产假。另一方面,该法第 57(1)条规定,"男性雇员在妻子分娩或流产后有权立即休陪产假"。显然,根据第 56 条的规定,女性雇员不一定要已婚才有资格休产假。然而,男性雇员必须已婚才有资格休陪产假。第 57 条的起草历史解释了这样做的原因。有人认为,这相当于基于婚姻状况的歧视。还有人认为,第 56(1)条只适用于生身母亲,不包括养母、委托父母(代孕情况下)和堕 胎母亲。这也是歧视性的,但对于委托父母、养父母和堕胎者来说是合理的。
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引用次数: 0
Legal status of the self-employed person in the field of social protection in Ukraine 乌克兰自营职业者在社会保障领域的法律地位
IF 1.1 Q1 LAW Pub Date : 2024-07-22 DOI: 10.1177/13582291241264181
Oleg M Yaroshenko, Yuliia Yu Ivchuk, Lesya Ju Maliuha, Oleksii S Nesterovych, Olena Ye Lutsenko
Due to the existence of many scientific studies and various statements regarding the legal status of the self-employed person and their legal status in the field of social protection. It is necessary to conduct a thorough analysis of important aspects of this issue. Especially in times of war, when the unemployment rate is steadily increasing and self-employed persons are increasing their value to the state. This is the reason for the relevance of the study. The purpose of this research is: to determine the legal status of the self-employed person in the field of social protection in Ukraine; to analyze the characteristics of legal regulation applicable to the self-employed; to process data on the basic principles of social security for the self-employed. Important steps are also to analyse the most significant problems faced by self-employed persons in the field of social protection and to discuss possible solutions.
由于对自营职业者的法律地位及其在社会保护领域的法律地位存在许多科学研究和各种说法。有必要对这一问题的重要方面进行深入分析。特别是在战争时期,失业率持续上升,自营职业者对国家的价值不断增加。这就是本研究具有现实意义的原因。本研究的目的是:确定自营职业者在乌克兰社会保障领域的法律地位;分析适用于自营职业者的法律规定的特点;处理有关自营职业者社会保障基本原则的数据。重要的步骤还包括分析自营职业者在社会保障领域面临的最重要问题,并讨论可能的解决方案。
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引用次数: 0
The role of European equality bodies to address algorithmic discrimination 欧洲平等机构在解决算法歧视方面的作用
IF 1.1 Q2 Social Sciences Pub Date : 2024-05-29 DOI: 10.1177/13582291241257201
Anna Capellà Ricart
European Union (EU) seems to have the aim to strengthen the role of equality bodies and encourage the expansion of their scope of application, their functions and their powers. This implies that they can play an essential role in challenging discriminatory decisions made through algorithmic systems. Due to the possibility they have to access information, to issue binding decisions in individual or collective cases of discrimination or to initiate court proceedings in their own name, they seem like the best positioned to offer an effective protection against algorithmic discrimination. In this article, we study the latest regulatory proposals relating to these bodies and which functions they must carry out to help people that have been discriminated against by artificial intelligence systems. Notwithstanding we argue that equality bodies have a privileged position to deal with discriminatory automated decisions, they need independence and human, technical and financial resources to perform all its tasks and to exercise all its competences effectively, and this is not always guaranteed.
欧洲联盟(欧盟)的目标似乎是加强平等机构的作用,鼓励扩大其适用范围、职能和权力。这意味着它们可以在挑战通过算法系统做出的歧视性决定方面发挥重要作用。由于平等机构可以获取信息,在个人或集体歧视案件中发布具有约束力的决定,或以自己的名义提起法庭诉讼,因此它们似乎最有能力提供有效保护,防止算法歧视。在本文中,我们将研究与这些机构有关的最新监管提案,以及它们必须履行哪些职能,以帮助受到人工智能系统歧视的人们。尽管我们认为,平等机构在处理歧视性自动决策方面具有特殊地位,但它们需要独立性以及人力、技术和财政资源,才能完成所有任务并有效行使所有权限,而这一点并非总能得到保证。
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引用次数: 0
Editorial - June 2024 社论 - 2024 年 6 月
IF 1.1 Q2 Social Sciences Pub Date : 2024-05-11 DOI: 10.1177/13582291241254642
Laura Carlson, James Hand, Panos Kapotas
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引用次数: 0
An absolute shield: Qualified immunity, police misconduct and black lives matter 绝对的盾牌合格豁免权、警察不当行为和黑人生命问题
IF 1.1 Q2 Social Sciences Pub Date : 2024-04-29 DOI: 10.1177/13582291241249674
Donathan Brown, Tomaž Onič, Sebastijan Novak, Katja Plemenitaš
Before the global spotlight ascended upon nationwide efforts to codify into law that Black Lives Matter, specifically, police accountability against the use of excessive force against unarmed civilians, qualified immunity has silently flourished throughout America. Created to shield police officers and other government officials for the actions they engage on the job, this long-standing judicial doctrine continues to proliferate a culture of near-zero accountability when police officers engage in misconduct, which for communities of color, oftentimes results in deadly outcomes against unarmed civilians. This article will first revisit the development and legacy of qualified immunity, followed by analyzing its universal defense from police unions, then shifting to a data-rich illustration of disciplinary data highlighting the systemically designed outcomes of qualified immunity via the New York Police Department, before providing concluding thoughts. Ultimately, this article asserts that the retrogressive outcomes of police disciplinary inquiries, especially with respect to communities of color, is operating as designed, whereas efforts to review and revisit its structure and practices threaten a longstanding culture of disregard and near-zero accountability.
在全美努力将 "黑人生命至上"(Black Lives Matter),特别是警察对手无寸铁的平民过度使用武力的责任编纂成法律成为全球瞩目的焦点之前,合格豁免权已在全美悄然兴起。这一由来已久的司法理论旨在为警察和其他政府官员在工作中的行为提供庇护,但当警察实施不当行为时,这一理论却继续助长了近乎零问责的文化,而对于有色人种社区而言,这种不当行为往往会对手无寸铁的平民造成致命后果。本文将首先重温合格豁免权的发展与传承,然后分析警察工会对其进行的普遍辩护,最后通过纽约警察局丰富的纪律数据说明合格豁免权的系统设计结果,最后提出结论性意见。最后,本文断言,警察纪律调查的倒退结果,尤其是对有色人种社区的倒退结果,是按照设计运行的,而审查和重新审视其结构和做法的努力威胁着长期存在的无视和近乎零问责的文化。
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引用次数: 0
Racial discrimination in post-Apartheid South Africa? The stories of Coloured people in Johannesburg, South Africa 种族隔离后南非的种族歧视?南非约翰内斯堡有色人种的故事
IF 1.1 Q2 Social Sciences Pub Date : 2024-04-24 DOI: 10.1177/13582291241246964
A. I. Tewolde
Dominant theoretical conversations on experiences of racial discrimination are focused on how Black and other non-White people perceive and experience racial discrimination in White majority racial systems; however, research is scant on experiences of racial discrimination of racial minorities in Black majority social systems. This paper addresses this lacuna by exploring perceived experiences of racial discrimination of Coloured people in Johannesburg, South Africa, a racial minority in a Black majority country. Fourteen in-depth individual interviews were conducted with participants. Analysis of the interviews resulted in many interviewees claiming race-based discrimination in housing, employment, service delivery, political representation and education. A few participants, however, claimed that Black South Africans are also experiencing socioeconomic problems like Coloured South Africans. Racial discrimination theory and social exclusion theory are used as perspectives for the study. Based on the findings, I argue that the perceived experiences of racial discrimination of most of the participants of the study can be explained by three interrelated structural forces, namely legacies of historical racial exclusions, the neoliberal macro-economic order and government neglect.
关于种族歧视经历的主流理论对话集中于黑人和其他非白人如何看待和经历白人占多数的种族制度中的种族歧视;然而,关于黑人占多数的社会制度中少数种族的种族歧视经历的研究却很少。本文针对这一空白,探讨了南非约翰内斯堡有色人种(黑人占多数的国家中的少数种族)对种族歧视的感知体验。本文对参与者进行了 14 次深入的个人访谈。对访谈结果进行分析后发现,许多受访者声称在住房、就业、服务提供、政治代表权和教育方面受到种族歧视。不过,也有少数参与者声称,南非黑人也像南非有色人种一样遇到了社会经济问题。种族歧视理论和社会排斥理论被用作研究的视角。根据研究结果,我认为大多数研究参与者所感受到的种族歧视经历可以用三种相互关联的结构性力量来解释,即历史上种族排斥的遗留问题、新自由主义宏观经济秩序和政府的忽视。
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引用次数: 0
Between a ‘flexible’ and ‘rigid’ interpretation of the list of prohibited grounds of discrimination under article 21(3) of the constitution of Uganda: Uganda Law Society and 12 others v Attorney General [2024] UGCC 2 (13 February 2024) 在对《乌干达宪法》第 21(3)条禁止的歧视理由清单进行 "灵活 "和 "严格 "解释之间:乌干达法律协会及其他 12 人诉总检察长[2024] UGCC 2(2024 年 2 月 13 日)
IF 1.1 Q2 Social Sciences Pub Date : 2024-04-22 DOI: 10.1177/13582291241245394
J. Mujuzi
Article 21 of the Constitution of Uganda (1995) provides for the right to freedom from discrimination. Article 21(3) provides that for the purposes of Article 21, discrimination ‘means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.’ Article 45 of the Constitution provides that ‘[t]he rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned.’ In Uganda Law Society and 12 others v Attorney General (13 February 2024), the Constitutional Court invoked Article 45 and held that the list of prohibited grounds under Article 21(3) is not exhaustive. In this article, the author relies on the drafting history of Article 21(3), the jurisprudence of the Supreme Court on Article 21(3) and the literal interpretation of Article 21(3) to argue that the list of prohibited grounds in Article 21(3) is exhaustive and that the Constitutional Court erred when it held to the contrary. The author argues further that Article 45 should not be relied on to read rights into the Constitution. It should be applicable to statutory or common law rights.
乌干达宪法》(1995 年)第 21 条规定了不受歧视的权利。第 21 条第(3)款规定,就第 21 条而言,歧视'系指仅仅或主要由于各自的性别、种族、肤色、民族血统、部落、出生、信仰或宗教、或社会或经济地位、政治观点或残疾而给予不同的人不同的待遇'。宪法》第 45 条规定,"与本章具体提及的基本权利和其他人权及自由有关的权利、义务、声明和保障不得被视为排除了其他未具体提及的权利、义务、声明和保障。在乌干达法律协会和其他 12 人诉总检察长案(2024 年 2 月 13 日)中,宪法法院援引第 45 条,认为第 21(3)条所列的禁止理由并非详尽无遗。在本文中,提交人依据第 21(3)条的起草历史、最高法院关于第 21(3)条的判例以及对第 21(3)条的字面解释,认为第 21(3)条所列的禁止理由是详尽无遗的,宪法法院的相反裁定是错误的。提交人还认为,不应依据第 45 条将权利纳入《宪法》。它应适用于成文法或普通法权利。
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引用次数: 0
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International Journal of Discrimination and the Law
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