Females in Hindu families have long been discriminated against in terms of both inheritance and succession. For the duration of forty-nine years, men and women had different schemes with regard to inheritance where the woman was refused the right to marital property on the basis of her marital status. Fortunately, in 2005, the amendment to the Hindu Succession Act dealt with most inheritance-based injustice. However, it is observed that Hindu female intestates who die as married women continue to face injustice that is backed up by various discriminatory provisions under the Hindu Succession Act. This paper recognizes the constitutional implications of such provisions and their effect on the elderly.
{"title":"Hindu Female Intestate Succession Laws and Their Impact on Fundamental Rights of the Elderly","authors":"B. Das, Shivangi Banerjee","doi":"10.2139/ssrn.3837895","DOIUrl":"https://doi.org/10.2139/ssrn.3837895","url":null,"abstract":"Females in Hindu families have long been discriminated against in terms of both inheritance and succession. For the duration of forty-nine years, men and women had different schemes with regard to inheritance where the woman was refused the right to marital property on the basis of her marital status. Fortunately, in 2005, the amendment to the Hindu Succession Act dealt with most inheritance-based injustice. However, it is observed that Hindu female intestates who die as married women continue to face injustice that is backed up by various discriminatory provisions under the Hindu Succession Act. This paper recognizes the constitutional implications of such provisions and their effect on the elderly.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73884455","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 : 2021-04-29DOI: 10.1177/13582291211011432
P. Roberts
This commentary examines the Court of Appeal’s decision in R (Delve and Glynn) v. Secretary of State for Work and Pensions, which concerned the judicial review of the incremental increase of the state pension age in the United Kingdom for women born in the 1950s. It focuses on the claims of discrimination contrary to Article 14 of the European Convention on Human Rights, in particular the discussion relating to indirect sex/sex and age discrimination. It is argued that there is scope for greater clarity in the Court’s reasoning which led to its conclusion that the measures did not result in indirect discrimination contrary to Article 14. However, the dismissal of each appeal is not surprising, in view of the adoption of the ‘manifestly without reasonable foundation’ test when scrutinising decisions relating to social welfare policy. In other words, even if the measures resulted in indirect sex discrimination, they were justified.
{"title":"The equalisation of the state pension age in United Kingdom: Indirect sex discrimination?","authors":"P. Roberts","doi":"10.1177/13582291211011432","DOIUrl":"https://doi.org/10.1177/13582291211011432","url":null,"abstract":"This commentary examines the Court of Appeal’s decision in R (Delve and Glynn) v. Secretary of State for Work and Pensions, which concerned the judicial review of the incremental increase of the state pension age in the United Kingdom for women born in the 1950s. It focuses on the claims of discrimination contrary to Article 14 of the European Convention on Human Rights, in particular the discussion relating to indirect sex/sex and age discrimination. It is argued that there is scope for greater clarity in the Court’s reasoning which led to its conclusion that the measures did not result in indirect discrimination contrary to Article 14. However, the dismissal of each appeal is not surprising, in view of the adoption of the ‘manifestly without reasonable foundation’ test when scrutinising decisions relating to social welfare policy. In other words, even if the measures resulted in indirect sex discrimination, they were justified.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211011432","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44301488","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 : 2021-04-26DOI: 10.1177/13582291211010418
A. Blackham
In 2011, the UK government abolished the national default retirement age. While this could support extended working lives and promote individual choice, it could also be a neoliberal ‘ploy’ to individualise the risks of old age. The question, then, is what impact does the removal of mandatory retirement have in practice: does it help to promote individual choice and autonomy? Or does it lead to work intensification and the individualisation of the risks of demographic change? Or both, perhaps simultaneously? Drawing on original qualitative and quantitative empirical data from UK and USA universities, this article considers the impact of removing mandatory retirement ages on individual workers in higher education. It argues that legal reform may have prompted or encouraged work intensification in universities, including through an increased focus and use of performance management. Thus, in practice, the consequences of removing retirement ages for individuals are mixed.
{"title":"Does removing default retirement ages benefit individuals? A comparative empirical case study of the university sector","authors":"A. Blackham","doi":"10.1177/13582291211010418","DOIUrl":"https://doi.org/10.1177/13582291211010418","url":null,"abstract":"In 2011, the UK government abolished the national default retirement age. While this could support extended working lives and promote individual choice, it could also be a neoliberal ‘ploy’ to individualise the risks of old age. The question, then, is what impact does the removal of mandatory retirement have in practice: does it help to promote individual choice and autonomy? Or does it lead to work intensification and the individualisation of the risks of demographic change? Or both, perhaps simultaneously? Drawing on original qualitative and quantitative empirical data from UK and USA universities, this article considers the impact of removing mandatory retirement ages on individual workers in higher education. It argues that legal reform may have prompted or encouraged work intensification in universities, including through an increased focus and use of performance management. Thus, in practice, the consequences of removing retirement ages for individuals are mixed.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211010418","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45192633","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 : 2021-03-30DOI: 10.1177/13582291211002972
Rocío Elizabeth Vera Santos
For the first time in Ecuador a hate crime was tried in court and led to a conviction. This was the case of Michael Arce, a young Afro-Ecuadorian former cadet who won the trial against Captain Fernando Encalada of the Eloy Alfaro Military School (ESMIL). ESMIL belongs to the Ecuadorian Armed Forces, a state institution considered to be of great prestige and a guarantor of citizens’ rights and democracy, but not for all. Arce suffered in ESMIL 2 months of humiliation and torture. Through a socio-legal analysis this article demonstrates the normalization of racial stereotypes and prejudices, and the sometimes subtle existence of structural and institutional racism in the education and judicial systems. This case represents a pioneering judicial action in Ecuador that legally established and defined new pretrial and trial proceedings in regard to litigation concerning violation of human rights, racial discrimination and hate crimes.
{"title":"Hate crime and racial discrimination in Ecuador: The case of Michael Arce in ESMIL","authors":"Rocío Elizabeth Vera Santos","doi":"10.1177/13582291211002972","DOIUrl":"https://doi.org/10.1177/13582291211002972","url":null,"abstract":"For the first time in Ecuador a hate crime was tried in court and led to a conviction. This was the case of Michael Arce, a young Afro-Ecuadorian former cadet who won the trial against Captain Fernando Encalada of the Eloy Alfaro Military School (ESMIL). ESMIL belongs to the Ecuadorian Armed Forces, a state institution considered to be of great prestige and a guarantor of citizens’ rights and democracy, but not for all. Arce suffered in ESMIL 2 months of humiliation and torture. Through a socio-legal analysis this article demonstrates the normalization of racial stereotypes and prejudices, and the sometimes subtle existence of structural and institutional racism in the education and judicial systems. This case represents a pioneering judicial action in Ecuador that legally established and defined new pretrial and trial proceedings in regard to litigation concerning violation of human rights, racial discrimination and hate crimes.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211002972","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41344007","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 : 2021-03-01DOI: 10.1177/1358229121990569
M. Matotoka, K. Odeku
Black African women in South Africa are poorly represented at managerial levels in the South African private sector since the advent of democracy. Their exclusion at these occupational levels persists despite the Employment Equity Act 55 of 1998 (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. The South African private sector demonstrates its lack of commitment to proliferating black African women into managerial positions by deliberately engaging in race-based recruitment and failing to develop and promote suitably qualified women into managerial positions. As such, the private sector is failing to create upward mobility for black African women to break the glass ceiling. The EEA requires the private sector to apply affirmative action measures in order to achieve equity in the workplace. It is submitted that since 1998, the private sector has been provided with an opportunity to set it own targets in order to achieve equity. However, 22 years later, black African women are still excluded in key managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets.This approach has failed to increase the representation of black women in managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets. Whilst this approach seeks to afford the private sector importunity to set its own target, this approach has failed to increase the representation of black women in managerial positions. Employing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. This paper seeks to show that the progression of black African women requires South Africa to adopt a quota system without flexibility that will result in the private sector being compelled to appoint suitably qualified black African women in managerial levels.
{"title":"Untangling discrimination in the private sector workplace in South Africa: Paving the way for Black African women progression to managerial positions","authors":"M. Matotoka, K. Odeku","doi":"10.1177/1358229121990569","DOIUrl":"https://doi.org/10.1177/1358229121990569","url":null,"abstract":"Black African women in South Africa are poorly represented at managerial levels in the South African private sector since the advent of democracy. Their exclusion at these occupational levels persists despite the Employment Equity Act 55 of 1998 (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. The South African private sector demonstrates its lack of commitment to proliferating black African women into managerial positions by deliberately engaging in race-based recruitment and failing to develop and promote suitably qualified women into managerial positions. As such, the private sector is failing to create upward mobility for black African women to break the glass ceiling. The EEA requires the private sector to apply affirmative action measures in order to achieve equity in the workplace. It is submitted that since 1998, the private sector has been provided with an opportunity to set it own targets in order to achieve equity. However, 22 years later, black African women are still excluded in key managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets.This approach has failed to increase the representation of black women in managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets. Whilst this approach seeks to afford the private sector importunity to set its own target, this approach has failed to increase the representation of black women in managerial positions. Employing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. This paper seeks to show that the progression of black African women requires South Africa to adopt a quota system without flexibility that will result in the private sector being compelled to appoint suitably qualified black African women in managerial levels.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229121990569","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47163435","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 : 2021-03-01DOI: 10.1177/1358229121998104
Eesha Agarwal, Sameed Sayeed
{"title":"Editorial Spring 2021","authors":"Eesha Agarwal, Sameed Sayeed","doi":"10.1177/1358229121998104","DOIUrl":"https://doi.org/10.1177/1358229121998104","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229121998104","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42307458","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}
We compare two established jury selection procedures meant to safeguard against the inclusion of biased jurors, that are also perceived as causing minorities to be under-represented in juries. The Strike and Replace procedure presents potential jurors one-by-one to the parties, while the Struck procedure presents all potential jurors before the parties exercise vetoes. In equilibrium, Struck more effectively excludes extreme jurors than Strike and Replace but leads to a worse representation of minorities. Simulations suggest that the advantage of Struck in terms of excluding extremes is sizable in a wide range of cases. In contrast, Strike and Replace only provides a significantly better representation of minorities if the minority and majority are heavily polarized. The size of these effects quantitatively depends on parameters. When parameters are estimated to match the parties’ selection of jurors by race with jury-selection data from Mississippi in trials against black defendants, the procedures’ outcomes are substantially different, and the size of the trade-off between objectives can be quantitatively evaluated.
{"title":"Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures","authors":"Andrea Moro, Martin Van der Linden","doi":"10.2139/ssrn.3784830","DOIUrl":"https://doi.org/10.2139/ssrn.3784830","url":null,"abstract":"We compare two established jury selection procedures meant to safeguard against the inclusion of biased jurors, that are also perceived as causing minorities to be under-represented in juries. The Strike and Replace procedure presents potential jurors one-by-one to the parties, while the Struck procedure presents all potential jurors before the parties exercise vetoes. In equilibrium, Struck more effectively excludes extreme jurors than Strike and Replace but leads to a worse representation of minorities. Simulations suggest that the advantage of Struck in terms of excluding extremes is sizable in a wide range of cases. In contrast, Strike and Replace only provides a significantly better representation of minorities if the minority and majority are heavily polarized. The size of these effects quantitatively depends on parameters. When parameters are estimated to match the parties’ selection of jurors by race with jury-selection data from Mississippi in trials against black defendants, the procedures’ outcomes are substantially different, and the size of the trade-off between objectives can be quantitatively evaluated.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89579409","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 : 2020-12-22DOI: 10.1177/1358229120978915
Onyeka C Okongwu
Gender inequality is a social problem facing women all over the world and is a barrier to human development. The United Nations commits to achieving gender equality and empowering women and girls and have adopted the Sustainable Development Goals to achieve gender equality by 2030. Nigeria, a Member State of the United Nations has ratified international and regional instruments which advocate for the protection and promotion of the rights of women and girls. Though some progress has been made to reduce inequality, discrimination remains a problem to women and is exacerbated by factors such as culture, religion, social practices and discriminatory laws. This study seeks to add to the discourse on gender inequality in Nigeria and examine the effectiveness of available domestic and international provisions against sex discrimination when considered against ingrained cultural attitudes, beliefs and discriminatory laws. The study found that among other determinants, culture and religion were constant features in the different forms of discrimination Nigerian women face and they were the primary reasons the proposals to pass gender equality laws were opposed and failed. The study proposes the need to adopt non-policy measures such as education and awareness-raising as additional measures to eliminating discrimination and promoting equality.
{"title":"Are laws the appropriate solution: The need to adopt non-policy measures in aid of the implementation of sex discrimination laws in Nigeria","authors":"Onyeka C Okongwu","doi":"10.1177/1358229120978915","DOIUrl":"https://doi.org/10.1177/1358229120978915","url":null,"abstract":"Gender inequality is a social problem facing women all over the world and is a barrier to human development. The United Nations commits to achieving gender equality and empowering women and girls and have adopted the Sustainable Development Goals to achieve gender equality by 2030. Nigeria, a Member State of the United Nations has ratified international and regional instruments which advocate for the protection and promotion of the rights of women and girls. Though some progress has been made to reduce inequality, discrimination remains a problem to women and is exacerbated by factors such as culture, religion, social practices and discriminatory laws. This study seeks to add to the discourse on gender inequality in Nigeria and examine the effectiveness of available domestic and international provisions against sex discrimination when considered against ingrained cultural attitudes, beliefs and discriminatory laws. The study found that among other determinants, culture and religion were constant features in the different forms of discrimination Nigerian women face and they were the primary reasons the proposals to pass gender equality laws were opposed and failed. The study proposes the need to adopt non-policy measures such as education and awareness-raising as additional measures to eliminating discrimination and promoting equality.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120978915","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41866121","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 : 2020-12-11DOI: 10.1177/1358229120978865
A. Agarwal
Violence against women (VAW) is rampant in India, and rising every year. However, Indian laws are geared towards punishing individual instances of such violence, instead of attempting to eradicate the problem itself. This is owed in part to the incomplete understanding of the causes and effects of such violence. Here, I advance a feminist understanding of VAW, wherein it is seen as a result of gendered prejudices designed to keep women in subordination. I show that international human rights law now endorses this feminist understanding, and trace the evolving understanding of equality in Indian courts to argue that given its current understanding as substantive equality, VAW can and should be seen as a form of sex discrimination due the cycle of disadvantage it creates for women. I critically analyse several decisions by Indian courts that show a move towards acceptance of VAW as a form of sex discrimination, and point to the limitations of these decisions. Finally, I propose various ways in which envisaging VAW as a form of sex discrimination would lead to a better framework of laws for not only countering such violence, but also eradicating it.
{"title":"The case for treating violence against women as a form of sex discrimination in India","authors":"A. Agarwal","doi":"10.1177/1358229120978865","DOIUrl":"https://doi.org/10.1177/1358229120978865","url":null,"abstract":"Violence against women (VAW) is rampant in India, and rising every year. However, Indian laws are geared towards punishing individual instances of such violence, instead of attempting to eradicate the problem itself. This is owed in part to the incomplete understanding of the causes and effects of such violence. Here, I advance a feminist understanding of VAW, wherein it is seen as a result of gendered prejudices designed to keep women in subordination. I show that international human rights law now endorses this feminist understanding, and trace the evolving understanding of equality in Indian courts to argue that given its current understanding as substantive equality, VAW can and should be seen as a form of sex discrimination due the cycle of disadvantage it creates for women. I critically analyse several decisions by Indian courts that show a move towards acceptance of VAW as a form of sex discrimination, and point to the limitations of these decisions. Finally, I propose various ways in which envisaging VAW as a form of sex discrimination would lead to a better framework of laws for not only countering such violence, but also eradicating it.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120978865","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42251224","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 : 2020-12-01DOI: 10.1177/1358229120969611
Meghan Campbell, S. Fredman, A. Reeves
This article examines what role equality law can play in addressing the inequalities created and exacerbated by the British government’s response to the Covid-19 pandemic. We argue that while there is great potential in existing legislation, there is a need for both policy-makers and courts to apply a more searching and nuanced understanding of the right to equality if this potential is to be realised. We begin by examining how the burdens of confronting this pandemic as a society fall more heavily on those already at the bottom end of the scale of inequality. We then ask whether and to what extent the current legal structures protecting the right to equality can be mobilised to redress such inequalities, paying particular attention to the Public Sector Equality Duty under the Equality Act 2010 and on the Human Rights Act 1998. Finally, we argue that, to fulfil the requirements of both these legal duties, the courts should subject policies and practices to close scrutiny under the four-dimensional approach. When making and operationalising policies around Covid-19, substantive equality requires account to be taken simultaneously of the four dimensions of inequality to the greatest extent possible.
{"title":"Palliation or protection: How should the right to equality inform the government’s response to Covid-19?","authors":"Meghan Campbell, S. Fredman, A. Reeves","doi":"10.1177/1358229120969611","DOIUrl":"https://doi.org/10.1177/1358229120969611","url":null,"abstract":"This article examines what role equality law can play in addressing the inequalities created and exacerbated by the British government’s response to the Covid-19 pandemic. We argue that while there is great potential in existing legislation, there is a need for both policy-makers and courts to apply a more searching and nuanced understanding of the right to equality if this potential is to be realised. We begin by examining how the burdens of confronting this pandemic as a society fall more heavily on those already at the bottom end of the scale of inequality. We then ask whether and to what extent the current legal structures protecting the right to equality can be mobilised to redress such inequalities, paying particular attention to the Public Sector Equality Duty under the Equality Act 2010 and on the Human Rights Act 1998. Finally, we argue that, to fulfil the requirements of both these legal duties, the courts should subject policies and practices to close scrutiny under the four-dimensional approach. When making and operationalising policies around Covid-19, substantive equality requires account to be taken simultaneously of the four dimensions of inequality to the greatest extent possible.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120969611","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44099204","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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