Pub Date : 2023-05-04DOI: 10.1177/13582291231162217
Alicia Steele, R. Banks, W. Louis
A small internal investigation by the University of Queensland (UQ) Union Disability Collective resulted in a student-led project supported by academics across three Australian universities. The project seeks to gain new insights into the experience of students with disabilities studying at Australian universities. Universities conduct disability surveys from time to time, but these tend to be forgotten as time passes and priorities change. This project involved the co-design and development of a survey, using qualitative and quantitative questions, to investigate students’ experiences, including of barriers to education and participation in the Australian tertiary (or post-secondary) sector. This is planned to be the first of several research projects to transparently and accountably track issues faced by disabled tertiary students, and what is working to improve education outcomes and reduce discrimination. The survey has been piloted with UQ students with a view to roll it out to other universities. This paper focuses on the survey instrument and describes the project’s formation and development. It also identifies challenges that have arisen in the process and future directions.
{"title":"A co-designed tool to gather data from students with disability about their experiences in tertiary education: Insights from Australia","authors":"Alicia Steele, R. Banks, W. Louis","doi":"10.1177/13582291231162217","DOIUrl":"https://doi.org/10.1177/13582291231162217","url":null,"abstract":"A small internal investigation by the University of Queensland (UQ) Union Disability Collective resulted in a student-led project supported by academics across three Australian universities. The project seeks to gain new insights into the experience of students with disabilities studying at Australian universities. Universities conduct disability surveys from time to time, but these tend to be forgotten as time passes and priorities change. This project involved the co-design and development of a survey, using qualitative and quantitative questions, to investigate students’ experiences, including of barriers to education and participation in the Australian tertiary (or post-secondary) sector. This is planned to be the first of several research projects to transparently and accountably track issues faced by disabled tertiary students, and what is working to improve education outcomes and reduce discrimination. The survey has been piloted with UQ students with a view to roll it out to other universities. This paper focuses on the survey instrument and describes the project’s formation and development. It also identifies challenges that have arisen in the process and future directions.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"80 - 102"},"PeriodicalIF":1.1,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45494699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Nomadism is perceived as an essential trait of the Romani ethnic identity, both inside and outside the Romani communities. This paper explores the meaning of nomadism in the Romani culture by considering how this practice has been represented in the sociocultural imaginary. In particular, the paper analyzes the depiction of nomadism in the ethnopolitical discourse and the literary field, both in oral tradition and in written texts. The analysis examines works authored by representative Romani writers, such as Bronislawa Wajs “Papusza”, Mateo Maximoff, Menyhért Lakatos or José Heredia Maya, among others. Finally, the paper considers how in the literary text, the image of nomadism is produced and consumed as a mark of ethnic authenticity.
{"title":"Nomadism as Ancestral Homeland in the Romani Culture","authors":"Ana Belén Martín Sevillano","doi":"10.33182/disc.v5i1.3000","DOIUrl":"https://doi.org/10.33182/disc.v5i1.3000","url":null,"abstract":"Nomadism is perceived as an essential trait of the Romani ethnic identity, both inside and outside the Romani communities. This paper explores the meaning of nomadism in the Romani culture by considering how this practice has been represented in the sociocultural imaginary. In particular, the paper analyzes the depiction of nomadism in the ethnopolitical discourse and the literary field, both in oral tradition and in written texts. The analysis examines works authored by representative Romani writers, such as Bronislawa Wajs “Papusza”, Mateo Maximoff, Menyhért Lakatos or José Heredia Maya, among others. Finally, the paper considers how in the literary text, the image of nomadism is produced and consumed as a mark of ethnic authenticity.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135517050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-27DOI: 10.1177/13582291231173764
M. Bell, Laverne Jacobs
The articles in this special issue are derived from a 2 day, online conference held on May 5–6, 2022 organized by the Disability Rights Working Group of the Berkeley Center for Comparative Equality & Anti-Discrimination Law in conjunction with the Law, Disability & Social Change Project, Faculty of Law, University of Windsor. As the CoDirectors of the Disability Rights Working Group, we are indebted to all the speakers and participants at the conference for their invaluable contributions. Article 24(1) of the UN Convention on the Rights of Persons with Disabilities (CRPD) recognizes the right of persons with disabilities to education and states that this should be realized without discrimination, on the basis of equal opportunity, and inclusive at all levels (emphasis added). Article 24 sets out several fundamental dimensions to realizing the right to education, including at the post-secondary level. For example, Article 24(1) establishes many of the qualitative goals that persons with disabilities will be enabled to achieve through the right to education, such as the full development of human potential, a sense of dignity and selfworth, and a student’s creativity and talent. Article 24(4) addresses, in part, the need to train teachers, professionals and staff to support persons with disabilities in their educational journey at all levels of learning. Article 24(5) is specifically addressed to post-secondary level education:
{"title":"Guest editors' introduction: Inclusive post-secondary education and persons with disabilities","authors":"M. Bell, Laverne Jacobs","doi":"10.1177/13582291231173764","DOIUrl":"https://doi.org/10.1177/13582291231173764","url":null,"abstract":"The articles in this special issue are derived from a 2 day, online conference held on May 5–6, 2022 organized by the Disability Rights Working Group of the Berkeley Center for Comparative Equality & Anti-Discrimination Law in conjunction with the Law, Disability & Social Change Project, Faculty of Law, University of Windsor. As the CoDirectors of the Disability Rights Working Group, we are indebted to all the speakers and participants at the conference for their invaluable contributions. Article 24(1) of the UN Convention on the Rights of Persons with Disabilities (CRPD) recognizes the right of persons with disabilities to education and states that this should be realized without discrimination, on the basis of equal opportunity, and inclusive at all levels (emphasis added). Article 24 sets out several fundamental dimensions to realizing the right to education, including at the post-secondary level. For example, Article 24(1) establishes many of the qualitative goals that persons with disabilities will be enabled to achieve through the right to education, such as the full development of human potential, a sense of dignity and selfworth, and a student’s creativity and talent. Article 24(4) addresses, in part, the need to train teachers, professionals and staff to support persons with disabilities in their educational journey at all levels of learning. Article 24(5) is specifically addressed to post-secondary level education:","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"4 - 6"},"PeriodicalIF":1.1,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43674010","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-24DOI: 10.1177/13582291231169397
L. Buckley, Shivaun Quinlivan
Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. However, the CRPD’s provisions on inclusive education have not been widely considered in relation to Irish third level education. This article outlines the findings from two research projects that examined the experiences of students with disabilities at one Irish university. It begins by considering the scope of inclusive education in the CRPD, addressing this through the prism of two cross-cutting rights, accessibility and reasonable accommodation. It outlines the Irish legislative context, identifying significant gaps between existing legal provisions and Ireland’s CRPD obligations. It then explores the practical realisation of inclusive education at the case study university. The article argues that accessibility in the CRPD is broader than both Irish legislative requirements and the general institutional understanding. Noting that students face significant difficulties accessing effective reasonable accommodations in practice, the paper contends that this may be partly attributable to the silo-ing of institutional knowledge and the lack of a ‘whole educational environment’ approach, as well as attitudinal barriers. These impediments prevent the full and equal participation of students with disabilities in tertiary education. The paper then draws on the CRPD to offer suggestions for enhancing inclusive practice.
{"title":"Inclusive learning in Ireland: A case study","authors":"L. Buckley, Shivaun Quinlivan","doi":"10.1177/13582291231169397","DOIUrl":"https://doi.org/10.1177/13582291231169397","url":null,"abstract":"Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2018. However, the CRPD’s provisions on inclusive education have not been widely considered in relation to Irish third level education. This article outlines the findings from two research projects that examined the experiences of students with disabilities at one Irish university. It begins by considering the scope of inclusive education in the CRPD, addressing this through the prism of two cross-cutting rights, accessibility and reasonable accommodation. It outlines the Irish legislative context, identifying significant gaps between existing legal provisions and Ireland’s CRPD obligations. It then explores the practical realisation of inclusive education at the case study university. The article argues that accessibility in the CRPD is broader than both Irish legislative requirements and the general institutional understanding. Noting that students face significant difficulties accessing effective reasonable accommodations in practice, the paper contends that this may be partly attributable to the silo-ing of institutional knowledge and the lack of a ‘whole educational environment’ approach, as well as attitudinal barriers. These impediments prevent the full and equal participation of students with disabilities in tertiary education. The paper then draws on the CRPD to offer suggestions for enhancing inclusive practice.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"103 - 125"},"PeriodicalIF":1.1,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41748828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-21DOI: 10.1177/13582291231173761
{"title":"Special Issue: Inclusive post-secondary education and persons with disabilities","authors":"","doi":"10.1177/13582291231173761","DOIUrl":"https://doi.org/10.1177/13582291231173761","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"3 - 3"},"PeriodicalIF":1.1,"publicationDate":"2023-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48403461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-12DOI: 10.1177/13582291231169668
Paul Harpur, B. Szucs
Driven by anti-discrimination laws and a desire to promote human rights, universities have made strategic efforts to support their students with disabilities and provided some support to their staff with disabilities. However, persons with disabilities are not visible in senior leadership positions in universities. It is time for change. The UN Convention on the Rights of Persons with Disabilities (CRPD) has established new human rights expectations that require representation of persons with disabilities across all of society, and at all levels, at percentages which reflect their proportion within the population. Even though States are slow to introduce regulatory reforms to transform society and realize ability equality, some in the higher education sector are seeking to go above compliance and move their institutions, and the broader sector, to a more inclusive place. This paper maps out the efforts led at one Australian institution to use existing structures in disability discrimination laws to provide leadership opportunities for persons with disabilities as a blueprint for further change.
{"title":"Using the new disability human rights paradigm to create higher education leadership opportunities","authors":"Paul Harpur, B. Szucs","doi":"10.1177/13582291231169668","DOIUrl":"https://doi.org/10.1177/13582291231169668","url":null,"abstract":"Driven by anti-discrimination laws and a desire to promote human rights, universities have made strategic efforts to support their students with disabilities and provided some support to their staff with disabilities. However, persons with disabilities are not visible in senior leadership positions in universities. It is time for change. The UN Convention on the Rights of Persons with Disabilities (CRPD) has established new human rights expectations that require representation of persons with disabilities across all of society, and at all levels, at percentages which reflect their proportion within the population. Even though States are slow to introduce regulatory reforms to transform society and realize ability equality, some in the higher education sector are seeking to go above compliance and move their institutions, and the broader sector, to a more inclusive place. This paper maps out the efforts led at one Australian institution to use existing structures in disability discrimination laws to provide leadership opportunities for persons with disabilities as a blueprint for further change.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"144 - 162"},"PeriodicalIF":1.1,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44397690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-10DOI: 10.1177/13582291231162315
Michele Botha, Karina Fischer Mogensen, A. Ebrahim, Dominique Brand
South African legislation is viewed as progressive in relation to persons with disabilities. Policies addressing socio-economic inequality include a focus on promoting skills development and employment for persons with disabilities. A predominant instrument for providing post-school training and work opportunities to disadvantaged youth, including persons with disabilities, is learnership programmes funded through the Sector Education and Training Authorities (SETAs). Despite enabling policies and investment in learnerships, persons with disabilities comprise only 1.3% of the workforce, while an estimated 15% of the population are disabled. This situation opens up the skills development strategy, and supporting legislation, for some critical review. Using Critical Disability Studies as a lens, this paper offers three critiques concerning the operation of learnerships for disability inclusion in South Africa; (1) neglecting to align skills development and market needs holds persons with disabilities in a cycle of training and poverty; (2) focusing exclusively on providing hard skills fails to account for complex challenges faced by persons with disabilities; and (3) viewing skills development and inclusive employment as a charitable endeavour fails to achieve social justice. This paper argues that the planning and implementation of learnerships should respond to current debates concerning holistic approaches to inclusive development.
{"title":"In search of a landing place for persons with disabilities: A critique of South Africa’s skills development programme","authors":"Michele Botha, Karina Fischer Mogensen, A. Ebrahim, Dominique Brand","doi":"10.1177/13582291231162315","DOIUrl":"https://doi.org/10.1177/13582291231162315","url":null,"abstract":"South African legislation is viewed as progressive in relation to persons with disabilities. Policies addressing socio-economic inequality include a focus on promoting skills development and employment for persons with disabilities. A predominant instrument for providing post-school training and work opportunities to disadvantaged youth, including persons with disabilities, is learnership programmes funded through the Sector Education and Training Authorities (SETAs). Despite enabling policies and investment in learnerships, persons with disabilities comprise only 1.3% of the workforce, while an estimated 15% of the population are disabled. This situation opens up the skills development strategy, and supporting legislation, for some critical review. Using Critical Disability Studies as a lens, this paper offers three critiques concerning the operation of learnerships for disability inclusion in South Africa; (1) neglecting to align skills development and market needs holds persons with disabilities in a cycle of training and poverty; (2) focusing exclusively on providing hard skills fails to account for complex challenges faced by persons with disabilities; and (3) viewing skills development and inclusive employment as a charitable endeavour fails to achieve social justice. This paper argues that the planning and implementation of learnerships should respond to current debates concerning holistic approaches to inclusive development.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"163 - 180"},"PeriodicalIF":1.1,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48610051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-10DOI: 10.1177/13582291231162214
Lotte Lammens, Marie Spinoy, K. Willems
Across Flemish universities, students with disabilities continue to make up a minority of the student population. Yet Article 24 of the UN Convention on the Rights of Persons with Disabilities (‘CRPD’) enshrines the right to inclusive education and prohibits any discrimination on the basis of disability in the implementation of this right. These rights indubitably also apply in a setting of postsecondary education, as is made unequivocally clear by the Article’s requirement of an inclusive education system ‘at all levels’ and its paragraph 5. Equal access to higher education for persons with disabilities is crucial given its role as a portal to the enjoyment of other human rights. In our contribution we consider how one crucial aspect of this right is implemented, i.e. the right to reasonable accommodations. Based on university regulations and interviews with a number of people involved in the practical implementation of reasonable accommodations, we assess whether the law and practice at Flemish universities are in conformity with the CRPD standards. While we found that considerable attention is paid to the role of the environment and the context of individual students, we also identified a number of ‘disability pitfalls’ in the current Flemish practice that might also be present in other jurisdictions.
{"title":"Able to study? Reasonable accommodation at flemish universities","authors":"Lotte Lammens, Marie Spinoy, K. Willems","doi":"10.1177/13582291231162214","DOIUrl":"https://doi.org/10.1177/13582291231162214","url":null,"abstract":"Across Flemish universities, students with disabilities continue to make up a minority of the student population. Yet Article 24 of the UN Convention on the Rights of Persons with Disabilities (‘CRPD’) enshrines the right to inclusive education and prohibits any discrimination on the basis of disability in the implementation of this right. These rights indubitably also apply in a setting of postsecondary education, as is made unequivocally clear by the Article’s requirement of an inclusive education system ‘at all levels’ and its paragraph 5. Equal access to higher education for persons with disabilities is crucial given its role as a portal to the enjoyment of other human rights. In our contribution we consider how one crucial aspect of this right is implemented, i.e. the right to reasonable accommodations. Based on university regulations and interviews with a number of people involved in the practical implementation of reasonable accommodations, we assess whether the law and practice at Flemish universities are in conformity with the CRPD standards. While we found that considerable attention is paid to the role of the environment and the context of individual students, we also identified a number of ‘disability pitfalls’ in the current Flemish practice that might also be present in other jurisdictions.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"60 - 79"},"PeriodicalIF":1.1,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45514665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-10DOI: 10.1177/13582291231162215
Janni Lehrer-Stein, Jordan Berger
We live in a moment of immense and developing change, reacting to global challenges that appear with increasing speed and requiring reassessment of priorities and perhaps, reshaping the framework by which we have experienced our lives. Yet these same challenges provide a rare opportunity to empower the more than one billion people with disabilities globally through principles of compassion, respect, dignity and inclusion. We must build a new generation of strong leaders, professionals and advocates tapping the unlimited potential of people with disabilities. The key to unlocking this potential is realizing meaningful access to higher education for students with disabilities. This article examines opportunities and barriers for disabled students in American higher education, drawing on student and administrator interviews and case law to propose a framework based upon principles of access, inclusion, accountability and advocacy, so we may ensure educational opportunities for students with disabilities to allow them to take their rightful places alongside their non-disabled peers as leaders to secure a fully inclusive and equitable future for all.
{"title":"A path towards true inclusion: Disabled students and higher education in America","authors":"Janni Lehrer-Stein, Jordan Berger","doi":"10.1177/13582291231162215","DOIUrl":"https://doi.org/10.1177/13582291231162215","url":null,"abstract":"We live in a moment of immense and developing change, reacting to global challenges that appear with increasing speed and requiring reassessment of priorities and perhaps, reshaping the framework by which we have experienced our lives. Yet these same challenges provide a rare opportunity to empower the more than one billion people with disabilities globally through principles of compassion, respect, dignity and inclusion. We must build a new generation of strong leaders, professionals and advocates tapping the unlimited potential of people with disabilities. The key to unlocking this potential is realizing meaningful access to higher education for students with disabilities. This article examines opportunities and barriers for disabled students in American higher education, drawing on student and administrator interviews and case law to propose a framework based upon principles of access, inclusion, accountability and advocacy, so we may ensure educational opportunities for students with disabilities to allow them to take their rightful places alongside their non-disabled peers as leaders to secure a fully inclusive and equitable future for all.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"126 - 143"},"PeriodicalIF":1.1,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43592538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-27DOI: 10.1177/13582291231154161
O. Leclerc
Does retaliation against a whistleblower qualify as discrimination or an infringement of freedom of expression? In France, whistleblowing legislation has built whistleblower protection on the model of discrimination. The transposition of the European Directive 2019/1937 of 23 October 2019 on the protection of persons who report breaches of EU law, reinforced by domestic case law, shifts the balance towards freedom of expression. Standing at the crossroads of discrimination and freedom of expression, the protection of whistleblowers is in urgent need of conceptual clarification, which this article seeks to provide. To this end, the article proposes to consider the status of whistleblower as a layered legal regime, in addition to an underlying legal status such as employee, civil servant, journalist or other. The articulation between discrimination and freedom of expression thereby gains a strategic dimension that is essential to it. This understanding helps to clarify how discrimination law and freedom of expression can benefit whistleblowers and thus strengthen rather than weaken their protection.
{"title":"Overarmed or underdressed? whistleblowers between anti-discrimination law and freedom of expression","authors":"O. Leclerc","doi":"10.1177/13582291231154161","DOIUrl":"https://doi.org/10.1177/13582291231154161","url":null,"abstract":"Does retaliation against a whistleblower qualify as discrimination or an infringement of freedom of expression? In France, whistleblowing legislation has built whistleblower protection on the model of discrimination. The transposition of the European Directive 2019/1937 of 23 October 2019 on the protection of persons who report breaches of EU law, reinforced by domestic case law, shifts the balance towards freedom of expression. Standing at the crossroads of discrimination and freedom of expression, the protection of whistleblowers is in urgent need of conceptual clarification, which this article seeks to provide. To this end, the article proposes to consider the status of whistleblower as a layered legal regime, in addition to an underlying legal status such as employee, civil servant, journalist or other. The articulation between discrimination and freedom of expression thereby gains a strategic dimension that is essential to it. This understanding helps to clarify how discrimination law and freedom of expression can benefit whistleblowers and thus strengthen rather than weaken their protection.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"23 1","pages":"265 - 282"},"PeriodicalIF":1.1,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44416521","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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