{"title":"Intersectional discrimination and EU law: Time to revisit Parris","authors":"Erica Howard","doi":"10.1177/13582291241285336","DOIUrl":"https://doi.org/10.1177/13582291241285336","url":null,"abstract":"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.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"74 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142254644","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}
{"title":"Editorial - September 2024","authors":"Laura Carlson, James Hand, Panos Kapotas","doi":"10.1177/13582291241278800","DOIUrl":"https://doi.org/10.1177/13582291241278800","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"14 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142204598","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}
{"title":"On the margins of refuge: Queer Syrian refugees and the politics of belonging and mobility in post-2019 Lebanon","authors":"Jasmin Lilian Diab, Bechara Samneh","doi":"10.1177/13582291241263802","DOIUrl":"https://doi.org/10.1177/13582291241263802","url":null,"abstract":"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.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"14 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141778059","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}
{"title":"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","authors":"Jamil D Mujuzi","doi":"10.1177/13582291241267005","DOIUrl":"https://doi.org/10.1177/13582291241267005","url":null,"abstract":"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.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"411 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141778056","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}
Oleg M Yaroshenko, Yuliia Yu Ivchuk, Lesya Ju Maliuha, Oleksii S Nesterovych, Olena Ye Lutsenko
{"title":"Legal status of the self-employed person in the field of social protection in Ukraine","authors":"Oleg M Yaroshenko, Yuliia Yu Ivchuk, Lesya Ju Maliuha, Oleksii S Nesterovych, Olena Ye Lutsenko","doi":"10.1177/13582291241264181","DOIUrl":"https://doi.org/10.1177/13582291241264181","url":null,"abstract":"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.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"39 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141778061","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}
{"title":"The role of European equality bodies to address algorithmic discrimination","authors":"Anna Capellà Ricart","doi":"10.1177/13582291241257201","DOIUrl":"https://doi.org/10.1177/13582291241257201","url":null,"abstract":"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.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"51 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141195982","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}
{"title":"Editorial - June 2024","authors":"Laura Carlson, James Hand, Panos Kapotas","doi":"10.1177/13582291241254642","DOIUrl":"https://doi.org/10.1177/13582291241254642","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"45 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140936252","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}
Donathan Brown, Tomaž Onič, Sebastijan Novak, Katja Plemenitaš
{"title":"An absolute shield: Qualified immunity, police misconduct and black lives matter","authors":"Donathan Brown, Tomaž Onič, Sebastijan Novak, Katja Plemenitaš","doi":"10.1177/13582291241249674","DOIUrl":"https://doi.org/10.1177/13582291241249674","url":null,"abstract":"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.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"11 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140840322","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}
{"title":"Sexual harassment as a gender inequality and a form of workplace discrimination: A South African perspective","authors":"Khomotso Rosina Malatjie, Grace Mbajiorgu","doi":"10.1177/13582291241247734","DOIUrl":"https://doi.org/10.1177/13582291241247734","url":null,"abstract":"Sexual harassment is not a new phenomenon in South Africa. The continued existence of sexual harassment in the workplace specifically targeted at female employees undermines the constitutional rights to equality, human dignity, privacy, physical and psychological integrity, and fair labour practices. Against this backdrop, this article examines the different contributory factors that exacerbate or provide an enabling environment for sexual harassment to persist namely; gender inequality, sexist attitudes, and inefficient grievance procedures. Using an in-depth analysis of literature scholarly works, government reports, and legislative frameworks aimed at preventing sexual harassment in the workplace, and the selected jurisprudence of the courts, this article scrutinises the phenomenon of sexual harassment as a gendered harm. It evaluates whether there are adequate measures aimed at assisting victims of sexual harassment and gender inequalities in South Africa. Finally, in its conclusion, the article argues that, for labour legislation to efficiently address the prevalence of sexual harassment it should adopt a threefold function namely to address sexual harassment as a form of an unfair labour practice, gender discrimination and psychosocial harm.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"66 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140600221","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}
{"title":"Unleashing the anticipatory reasonable adjustment duty: University of Bristol v Abrahart (EHRC intervening) [2024] EWHC 299 (KB)","authors":"Achas K Burin, Shreya Atrey","doi":"10.1177/13582291241241505","DOIUrl":"https://doi.org/10.1177/13582291241241505","url":null,"abstract":"On 14 February 2024, the High Court upheld the decision of the Bristol County Court in University of Bristol v Dr Robert Abrahart. Ms Abrahart, a physics undergraduate, took her own life in April 2018, the morning before she was meant to deliver an oral presentation. The claim brought by Ms Abrahart’s father was that in failing to remove or adjust the requirement for oral assessments, the University had discriminated against her on the basis of her disability. The High Court upheld the discrimination claims under the Equality Act 2010 while dismissing the claim in negligence on the basis that the University did not owe Ms Abrahart a common law duty of care. This note discusses the contrasting moves made by the High Court in, on the one hand, lowering the bar for finding a breach of the anticipatory reasonable adjustment duty, and on the other hand, raising the bar for finding an assessment method to be a ‘competence standard’ set by universities. Although arising in relation to the very specific facts of this case, the implications of the ruling in Abrahart are far reaching.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"122 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140197436","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}