Anti-discrimination Legislation Research Articles

Durchsetzungsdefizite bei Gleichbehandlungsgeboten am Beispiel des Gender Pricing

Gender Pricing is a widespread phenomenon. According to various studies, women-specific products and services often are more costly than comparable versions of products and services for men. As products made for women are frequently coloured pink, Gender Pricing is referred to as “pink tax”. European anti-discrimination legislation imposes restrictions on gender-related price discrimination. The 2004 Gender Directive bans discrimination in the field of goods and services. In principle, the directive prohibits any less favourable treatment of men or women by reason of their gender. Nevertheless, the additional price added on products intended for women is widely accepted. This raises the question of whether Gender Pricing points to a lack of law enforcement. Against this backdrop, the scope of the legal restrictions imposed on Gender Pricing will be analysed. Subsequently, the challenges of implementing anti-discrimination laws must be taken into account. Finally, conclusions will be drawn on possible courses of action to enhance their mandatory strength.

KNOWLEDGE OF ANTI-DISCRIMINATION LEGISLATION AND READINESS TO SEEK ANTI-DISCRIMINATION PROTECTION OF RESPONDENTS EMPLOYED IN THE SYSTEM OF SCIENCE AND HIGHER EDUCATION OF THE REPUBLIC OF CROATIA

The intention of the paper is to achieve two goals: to point out the seriousness of the consequences of age discrimination in employment and the importance of knowledge of law, and to check the situation in the science and higher education system of the Republic of Croatia when it comes to knowledge of anti-discrimination legislation to seek protection against age discrimination. In view of the above, the paper is divided into two parts, the general part, the theoretical part and the special part. The theoretical part is focused on definition and analysis of discrimination and age discrimination, statistical indicators of discrimination and age discrimination in the Republic of Croatia, the importance of knowledge of the law and the procedure for protection against discrimination before Croatian courts. Special attention in the theoretical part of the paper is paid to the analysis of the case law of the Court of Justice of the EU regarding age discrimination. A special part of the paper is focused on the presentation and analysis of data obtained through empirical research.  Keywords: age discrimination, protection against discrimination, system of science and higher education of the Republic of Croatia

The occurrence of discrimination in Croatia and citizens’ awareness of anti-discrimination legislation

The principle of non-discrimination is the foundation of the modern system of protection of human rights and freedoms and all the most important international legal treaties governing the protection of human rights proclaim this principle. As one of the fundamental values of the constitutional order of the Republic of Croatia, the prohibition of discrimination is regulated by the Anti-Discrimination Act. Although the legislative framework and mechanisms for protection against discrimination are satisfactory, the reality of discrimination is significantly different. A survey conducted on a sample of 761 adult respondents shows that discrimination is strongly present in Croatian society and that it affects women more often than men. In addition to gender, the sample was stratified by age, level of education, and employment status. These three categories indicated a significant effect on respondents’ awareness of the existence of the legislative framework for protection against discrimination. The chi-square test examined the correlation between the respondents’ awareness with the legislative framework and mechanisms of protection against discrimination and their treatment as victims of discrimination. The results of the research show that distrust in the system and state institutions is the main reason for nonaction by victims of discrimination, which clearly shows the need for stronger commitment of all stakeholders and the creation of a comprehensive system of protection against discrimination.

The Social Patterns of Age Discrimination: An Analysis of the Macro-Perspective-Interpretations

Modern societies can be regarded as service economies, consequently accessing services is an essential part of social and economic participation. Direct and indirect indiscrimination act as barriers to accessing and using services and one way to address these barriers is to implement anti-discrimination legislation and policy. From a sociological point of view, such policies and legal frameworks can be described as elements of the social discourse in these areas. These texts, along with their implicit and explicit interpretations of the problem, represent the official and legitimised stake of the socially available stock of knowledge of what constitutes age discrimination. Hence the shape and contribute to the general understanding of age discrimination. The study aims to investigate the interpretation patterns offered by the “supply” side, that is by those actors who in their work refer to but also (re-) shape and disseminate the problem interpretation contained in the official texts. To address this aim, focus groups with stakeholders and semi-structured interviews with legal and policy experts were conducted in Austria and Ireland. The findings highlight that experts and stakeholders’ definitions of age discrimination usually extend past legal and policy concepts. The expert and stakeholder approaches differ in their starting points for describing the problem, ranging from vulnerability considerations to human rights-based concepts and more structurally orientated needs-based criteria. Finally, the analysis also reveals a central distinguishing feature of age discrimination, namely the “de-temporalization” and “de-historicization” of the person, which is of equal importance as the de-individualization as a consequence of stereotyping

Prohibition of discrimination and violation of the student’s dignity

The article deals with the subject of disciplinary responsibility of female and male students from the perspective of discriminatory behaviour. Anti-discrimination legislation in Poland, apart from the employment sphere, does not provide protection against discrimination. The Act on the implementation of certain provisions of the European Union in the field of equal treatment introduces broad protection of only some legally protected features. Universities, in the sense of responsibility for the safety and protection of the academic community, introduce internal anti-discrimination regulations, emphasizing important values and principles that every male and female student should follow. Socio-political conditions may influence the disciplinary proceedings of male and female students. Assessment of the breach of the student’s dignity as one of the premises of disciplinary liability encounters many difficulties and more and more often may refer to the conflict of freedom of speech and the right to equal treatment.

“We Don't Have the Right Words!”: Idiomatic Violence, Embodied Inequalities, and Uneven Translations in Indian Law Enforcement

AbstractThis article interrogates the relationship among legal gatekeepers, embodied expressions of structural violence, and institutional patterns of translation in the mobilization of antidiscrimination legislation by examining a case registered under the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act in the Indian state of Rajasthan. The article proposes that law enforcement officials often utilize legal registers and legal aesthetics as defensive shields against the demands of historically marginalized groups, which interfere with their institutionalized moralities and wider loyalties to higher caste groups. Thereby they reinscribe the very structural inequalities antidiscrimination laws are intended to address. This process is often the result of a dual breakdown of translation. On the one hand, police officers often refuse to engage with the local linguistic idioms of marginalized communities in a way that makes their experiences legible to the law. On the other hand, survivors of discriminatory violence are themselves hesitant to make their suffering explicit due to trauma and fear of being publicly humiliated. Ultimately, this process can instill further feelings of inadequacy in victims of discrimination at the very moment they try to claim their rights. This case ultimately questions the ability of antidiscrimination legislation to effectively counteract the effects of structural inequality. [India, anti‐discrimination law, translation, caste, embodiment]

Does Anti-Discrimination Legislation Work? The Case of Motherhood Penalty in the Czech Republic

The paper explores the effect of implementation of the Antidiscrimination Act 2009 (ADA) in the Czech Republic on a size of the motherhood penalty using the EU SILC data over the years 2006 through 2017. We employ several methods to estimate the impact and to show that ADA leads to a substantial decline in the motherhood penalty. Before the ADA implementation the average motherhood penalty fluctuated between 12% and 17,5%, after the ADA implementation the statistical significance of motherhood penalty disappeared. However, we also find that wage penalties stemming from the lower work experience due to motherhood-related breaks and lower work intensity during the motherhood are still substantial (10,12%).

Gender in Socio-Legal Teaching and Research in Germany

AbstractGender in socio-legal teaching and research in Germany is a story of impediments, hindrances, and of singleperson initiatives—my personal history being a part of this. But it is also a story of influences upon the impulse and inspiration to undertake socio-legal work. My Article is therefore influenced by (feminist) standpoint theory (Harding 1991). Germany has had a very conservative family culture and, over the past decades, many of the legal regulations that infringed upon women have had to be adapted, in what was quite a tedious political process, to comply with the German Constitution’s gender equality clause. Only in the past decade has gender awareness in law faculties increased and gained acceptance, usually as a result of greater focus on diversity issues, and anti-discrimination legislation. Obstacles have resulted from a lack of cooperation between the actors in social sciences and law, as well as in academia and gender equality practice, and a lack of understanding between more conservative and more progressive women. Socio-legal research was, and is, needed to deliver empirical evidence and provide theoretical foundations for cultural and legal changes as societies progress towards gender equality. Socio-legal teaching is needed to alert lawyers to necessary change, to enable them to undertake informed critique, and to prepare them to act. There are, however, marked deficits in socio-legal teaching and research on gender. In spite of an increased political acceptance, gender equality is still mainly a women’s project.

Experiences of discrimination among people living with HIV in Serbia

Abstract Background Anti-discrimination regulation is a condition for reaching UNAIDS's “zero discrimination” target. In Serbia, there are laws that forbid discrimination and guarantee the confidentiality of health status. However, about 24% of people living with HIV (PLHIV) had experienced discrimination and most do not report the discrimination to the proper institutions. Methods We conducted qualitative research among PLHIV from December 2018-May 2019. We reached 43 persons, with five focus groups in the four cities where there were centers for HIV treatment. We transcribed and coded the interviews in Serbian and used thematic analysis to explore experiences of discrimination among PLHIV. Results PLHIV are aware of laws protecting the confidentiality of their HIV status and against discrimination. However, PLHIV do not believe implementation of those laws are appropriate. Most participants experienced discrimination in the health system and described that medical doctors demand to know their HIV status. This demand led to unequal treatment of PLHIV patients, and sometimes to non-consensual disclosure of one's HIV status to others. For employed PLHIV regular medical check-ups and eventual hospitalizations introduce an additional risk of discrimination. For sick leave requests by the law they have to submit documents with medical information to their employer and participants feared that HIV status will be a part of the documentation. Some participants described the loss of employment because of this disclosure. Majority of PLHIV fear further disclosure of their HIV status and additional discrimination if they follow complaint procedures. Conclusions Contradictory regulations increase the risk of discrimination of PLHIV. Anticipated stigma and fear of discrimination hinder the full attainment and respect for human rights by PHLIV. Harmonization of regulation and procedures of the anti-discrimination legislation is the first step to the “zero discrimination” target.

The Mismanaged Integration of Ethnic Minorities in Bulgaria

This article delves into the intricate, and often inconsistent, worlds of Bulgarian government policies towards ethnic minorities, in particular towards the Roma, after 1989. The author begins with an overview of the ‘ethnic model’ embedded at present in the country’s political system. Then he discusses the integration policies of Bulgarian governments after the fall of communism. His conclusion is that the lack of political will of the ruling parties represents the biggest obstacle to the integration of minorities. Anti-discrimination legislation is plagued by inconsistencies and problems related to its implementation. Despite some moderate progress, state policies continue to lack vision, direction and effective monitoring mechanisms. The representatives of minorities are still, for the most part, ignored in the process of tailoring and implementation of programmes.

Legislative approaches to nondiscrimination at work: a comparative analysis across 13 groups in 193 countries

PurposeThere is substantial evidence of discrimination at work across countries and powerful evidence that antidiscrimination laws can make a difference. This study examines the extent of protections from discrimination at work in countries around the world and which groups were best covered.Design/methodology/approachThis study assesses legal protections in hiring, pay, promotions/demotions, terminations and harassment for 13 different groups across 193 countries using a database the authors created based on analysis of labor codes, antidiscrimination legislation, equal opportunity legislation and penal codes. Differences in levels of protection were examined across social groups and areas of work, as well as by country income level using Chi-square tests.FindingsProtection from gender and racial/ethnic discrimination at work was the most common, and protection across migrant status, foreign national origin, sexual orientation and gender identity was among the least. For all groups, discrimination was more often prohibited in hiring than in promotion/demotion. There was inconsistent protection from harassment and retaliation.Research limitations/implicationsAddressing discrimination at work will require a broad range of synergistic approaches including guaranteeing equal legal rights, implementation and enforcement of laws and norm change. This study highlights where legislative progress has been made and where major gaps remain.Originality/valueThis article presents findings from an original database containing the first data on laws to prevent discrimination in the workplace in all 193 countries around the world. The study analyzes legal protections for a wide range of groups and considers a full range of workplace protections.

Employment Legal Framework for Persons with Disabilities in China: Effectiveness and Reasons

In order to promote the employment of persons with disabilities, two dominant legal approaches—anti-discrimination legislation based on the social model of disability and an employment quota scheme based on the medical model—are usually employed on a nation-state basis in disability policies. This article systematically examines the reasons why both the anti-discrimination and employment quota scheme legal frameworks have limited effectiveness in promoting employment of persons with disabilities in China. We found that the lack of a definition of disability, the lack of a definition of discrimination, and the absence of effective enforcement mechanisms are the reasons for poor outcomes of the anti-discrimination legal framework. For the employment quota scheme, conflicts between the mainstream labor market legal framework and the quota scheme legal framework have prompted employers to pay penalties rather than hire persons with disabilities. China should address these issues in the current legal system in the short term. Meanwhile, the CRPD should be more strongly emphasized in China. This article argues for the human rights model espoused by the CRPD, instead of the medical model, to develop a coherent and sustainable disability legal framework for promoting participation of persons with disabilities, rather than focusing on viewing them as recipients of care.

Unpacking the Roles of Religion and Partisanship on Support for Same-Sex Marriage: Evidence from South Korea

We ask to what extent opposition to same-sex marriage in South Korea is driven by Protestant identification and how this differs from Catholic and non-Christian views. Furthermore, is there a separate demographic, partisan or ideological influence beyond that captured by religious identity? Analysis of the 2016 Korean General Social Survey (KGSS) data finds not only clear perceptual distinctions between Protestants versus Buddhists and Catholics, but that partisan distinctions endure, even after controlling for the more popular non-LGBT-specific anti-discrimination legislation. In addition, younger and female respondents were more supportive of legalization, while education did not have the same effect as in the broader LGBT literature.

Do Equal Qualifications Yield Equal Rewards for Immigrants in the Labour Market?

Using a correspondence field experiment, the study reported in this article has investigated if immigrant job applicants with equivalent qualifications are treated differently in the Finnish labour market. The study consists of 5000 job applications that were sent out to 1000 advertised positions by five applicants of Finnish, English, Iraqi, Russian and Somali backgrounds, who differed only in their names. The findings show that applicants of immigrant origin receive significantly fewer invitations for a job interview than the native candidate, even if they possess identical language proficiency, education and vocational diplomas. However, the extent of discrimination is not equally distributed among the immigrant groups. Rather, job applicants from non-European backgrounds seem to suffer a significantly greater labour-market penalty. The findings clearly suggest that, despite anti-discrimination legislation and measures aimed at promoting equal employment opportunities, discrimination continues to remain a serious barrier to immigrants’ labour-market integration in a Nordic welfare society.

The Limits of Legal Discourse

Based on fieldwork interviews conducted in 2015–16 with lesbian, gay, bisexual, and queer-identified individuals who are from or living in small towns and rural communities in Croatia, this article draws from the personal experiences of these individuals and the ways in which they describe negotiating sexual difference, discrimination, and homophobia in their communities. This analysis reflects on the importance of locating antidiscrimination legal mechanisms in local contexts to assess the degree to which such an approach can address institutional and systemic discrimination based on sexual difference. The article explores how small town and rural contexts can raise specific concerns about the efficacy of antidiscrimination legislation as it has been developed in the EU and Croatia, and calls into question the neoliberal, individualist, and reactive legislative approach to the protection of sexual human rights. Finally, the article analyzes a recent survey/research on discrimination in the workplace that was conducted as a collaborative effort between several LGBTI and human rights organizations in Croatia and how these strategies can (re)produce neoliberal discourses of market incentives and diversity management in the workplace rather than address the structural inequalities that produce and enable discrimination.

Sexual Orientation, Gender Identity, and Equality in Hong Kong: Rights, Resistance, and Possibilities for Reform

AbstractThis article explores the implications of an absence of anti-discrimination legislation on the grounds of sexual orientation and gender identity (SOGI) in Hong Kong. Strategic litigation has played an important role in securing legal protections for the Lesbian, Gay, Bisexual, and Transgender (LGBT) community in the face of resistance from the Hong Kong Special Administrative Region (HKSAR) government, as well as religious and parental concern groups. Despite a growing body of evidence which outlines the self-reported daily discrimination experienced by LGBT individuals, the HKSAR government has resisted calls to adopt anti-discrimination legislation on the grounds of SOGI, focusing instead on self-regulation and education. Grounded in qualitative research interviews examining the feasibility of adopting anti-discrimination legislation on the grounds of SOGI in Hong Kong, this article explores the current legal landscape for LGBT rights, resistance, and possibilities for reform.

ЗАБОРОНА ДИСКРИМІНАЦІЇ ЗА ОЗНАКАМИ «ГЕНДЕРНА ІДЕНТИЧНІСТЬ» ТА «СЕКСУАЛЬНА ОРІЄНТАЦІЯ» У СВІТЛІ ТЕОРІЇ ПРАВ ЛЮДИНИ ТА КОНЦЕПЦІЇ ГІДНОЇ ПРАЦІ

У статті висвітлюються правові засади заборони дискримінації за ознаками «гендерна ідентичність» та «сексуальна орієнтація» в суспільно-трудових відносинах.
 Виявлено проблеми правового забезпечення заборони дискримінації за ознаками гендерної ідентичності і сексуальної орієнтації в трудових відносинах. Так, у національному антидискримінаційному законодавстві не закріплені визначення вказаних «захищених» ознак, не встановлено чіткий правовий механізм протидії дискримінації за цими ознаками в трудових відносинах тощо. Запропоновано в у ст. 6 проекту Закону України «Про працю» No 2708 від 28.12.2019 закріпити дефініції гендерної ідентичності і сексуальної орієнтації.

Die Umsetzung der Gleichbehandlungsrichtlinien in Estland

Following its accession to the EU in 2004, Estonia has committed to implementing EU anti-discrimination legislation. This article briefly outlines the legal framework for equal treatment in Estonia with regard to its evolution and its characteristic features. Secondly, it analyzes how legal protection against discrimination in Estonia is structured. Thirdly, the current developments regarding the chosen grounds of discrimination will be discussed, drawing on the jurisdiction in discrimination cases. In this article, only the most common grounds of discrimination such as gender, sexual orientation, disability and age will be covered. While the formal implementation of EU anti-discrimation legislation is broadly completed, structural behavior shifts are still at an early stage. The developments in the domain of equal treatment are, however, noticeable, and this is apparently due to EU legislation - without the desire to please the EU at the time, Estonia would not have come this far today.

Should Ethical Vegans Have a Beef with the Definition of Religion?

Veganism, where adherents eschew the consumption of animals or their by-products, has seen a substantial increase in popularity in recent years. Vegans who follow the diet for moral or ethical reasons (ethical vegans) have argued in the United States, with limited success and, more recently, in the United Kingdom that they should be protected from discrimination on the grounds of their adherence to ethical veganism, contending that ethical veganism should be subject to similar protections as religion. In the United Kingdom, anti-discrimination legislation protects philosophical beliefs in addition to religion and it was recently held in a preliminary hearing in Casamitjana v The League Against Cruel Sports that ethical veganism falls within the ambit of the relevant statute. The authors examine the situation in the United Kingdom and the United States and conclude that, given that Australian anti-discrimination statutes only refer to religion as a protected attribute, this outcome is unlikely to be replicated since veganism is highly unlikely to meet the current definition of religion.

Political Blackness in Multiracial Britain

Political Blackness in Multiracial Britain