International Journal of Discrimination and the Law最新文献

{"title":"The dichotomy within denationalisation: Perpetuating or emancipating from its discriminatory past?","authors":"Christian Prener","doi":"10.1177/13582291221115440","DOIUrl":"https://doi.org/10.1177/13582291221115440","url":null,"abstract":"This article examines the acceptability of the differential treatment of dual citizens within contemporary denationalisation from both doctrinal and normative perspectives with particular focus on the right to non-discrimination as prescribed by the European Convention on Human Rights. The article concludes that denationalisation laws that target only dual citizens very likely have indirect discriminatory effects on particular subgroups of dual citizens along and possibly across discriminatory grounds such as ethnicity, race, gender, religion and national origin. The article contends that prevailing doctrinal justifications are based on a set of misconceptions concerning the suitability, efficacy, necessity and consequently proportionality of denationalisation in Western societies and that the re-emergence of denationalisation in the 21st century is not only illustrative of the inadequacies within current discrimination law norms but enhances them.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"305 - 325"},"PeriodicalIF":1.1,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48477086","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":"Denationalisation and discrimination in postcolonial India","authors":"Sumedha Choudhury","doi":"10.1177/13582291221113517","DOIUrl":"https://doi.org/10.1177/13582291221113517","url":null,"abstract":"With the recent National Register of Citizens updating process in Assam (a northeastern state in India) and the Citizenship Amendment Act (CAA 2019), there have been significant changes to India’s citizenship laws and policies. This may create one of the world’s largest stateless populations in modern times. These changes manifest the government’s othering process of creating binaries of belonging and non-belongingness between the majority Hindus and minorities (especially followers of the Islamic faith). In this article, taking these recent changes to citizenship as a case study, I discuss how India’s colonial past, the experience of partition, and the henceforth nation-building contributed to perceiving the ‘citizen’ primarily along Hindu majoritarian lines. I argue that the nation-building process in India was based on retaining and simultaneously re-establishing the ‘others’, thereby reinforcing colonial legacies in the structure and functioning of the postcolonial state. Consequently, this article deals with two questions, first, how the adoption of discriminatory citizenship laws and the risk of statelessness in India is rooted in its complex history, the impact of British colonial expansion and the postcolonial realities and second, what role ‘law’ has played in the process.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"326 - 342"},"PeriodicalIF":1.1,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41517819","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 prospects for the legalization of same sex marriages in vietnam","authors":"T. Nguyen, Luong Duc Doan","doi":"10.1177/13582291221111290","DOIUrl":"https://doi.org/10.1177/13582291221111290","url":null,"abstract":"This article discusses the various factors in Vietnam that are influencing the possibility of introducing a law on same sex marriage and draws three main conclusions. Firstly, it argues that the greatest concern about the possible success of the campaigns on lesbian, gay, bisexual and transgender (LGBT) issues in general, and the recognition of same sex marriages in particular, is indeed a political fear. It recommends keeping the campaigns on LGBT issues separate from the political sphere and to differentiate themselves from the traditional confrontational methods used by political dissidents. Secondly, the enactment of a law on LGBT rights which incorporates the principles and rules of anti-discrimination on the basis of sexual orientation and identity is proposed. This law will fill the gap left by the current lack of an anti-discrimination law in the specific field of LGBT rights in the first step of a typical process towards the legalization of same sex marriages. Thirdly, the paper highlights the leading role to be played by legislation in Vietnam, and which shall need to be acquired though legal transplanting, in granting marital rights to same sex couples and providing the basis for the courts to give them substantive rights.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"347 - 370"},"PeriodicalIF":1.1,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44871015","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 Summer 2022","authors":"N. Busby, Grace James","doi":"10.1177/13582291221102380","DOIUrl":"https://doi.org/10.1177/13582291221102380","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"105 - 106"},"PeriodicalIF":1.1,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42357577","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 judicialisation of discrimination in the Indonesian constitutional court","authors":"Mohammad Ibrahim","doi":"10.1177/13582291221094923","DOIUrl":"https://doi.org/10.1177/13582291221094923","url":null,"abstract":"Following the post-Soeharto constitutional reform from 1999 to 2002, the Indonesian Constitutional Court was established with powers, inter alia, to review the constitutionality of national legislation. The constitutional amendments also incorporated a constitutional Bill of Rights, which includes the right to be free from discrimination on any ground and the right to protection against discrimination under Article 28I(2) and the right to equality before the law under Article 28D(1). However, the Constitution does not specify an enumerated list of grounds against which discrimination is prohibited. This article examines a body of constitutional jurisprudence in Indonesia, an Asian civil law country with no formal system of precedent. It seeks to determine the extent to which the Indonesian Constitutional Court has protected the citizens' fundamental rights of equality and against discrimination. Through describing and analysing three court decisions on the principles of equality and non-discrimination, this article argues that the Indonesian Constitutional Court, in its early years of operation, took these principles seriously. Nevertheless, in its later decisions, the Court departed, albeit not explicitly, from its earlier ruling by relying on ‘the belief in One God’ and ‘the religious values consideration’ under Articles 29(1) and 28J of the Constitution to restrict the fundamental rights of equality and non-discrimination. Consequently, the Court has unjustifiably held that discrimination is not prohibited insofar as it is in accord with religious orthodoxy.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"125 - 151"},"PeriodicalIF":1.1,"publicationDate":"2022-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47727343","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":"Why are you offline? The issue of digital consent and discrimination of Roma communities during pandemic in Slovakia","authors":"Denisa Nevická, Matúš Mesarčík","doi":"10.1177/13582291221096615","DOIUrl":"https://doi.org/10.1177/13582291221096615","url":null,"abstract":"The article is focused on the issue of discrimination against Roma communities in the use of educational online platforms on account of failure to provide digital consent. The digital education model used during the COVID-19 pandemic in the Slovak Republic somehow forgot about Roma communities, thus preventing Roma students from accessing education through online platforms. This contribution is aimed to foster the discussion of discrimination against marginalized Roma communities in accessing education through online platforms and to point out the inadequacy of national legislation on the provision of digital consent.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"172 - 191"},"PeriodicalIF":1.1,"publicationDate":"2022-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48823514","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":"When rights collide: Examining conflicts between gender identity, sexual orientation, & religious discrimination protections","authors":"A. Alteri","doi":"10.1177/13582291221096561","DOIUrl":"https://doi.org/10.1177/13582291221096561","url":null,"abstract":"In 2020 the U.S. Supreme Court extended federal employment discrimination protections to individuals based on their gender identity or sexual orientation. While this decision represents a victory for LGBTQIA+ employees, it did not speak to whether religious freedom laws would provide a suitable defense for violating this law. After this decision, we are left with an HR puzzle. When employment discrimination protections collide, what set of rights, those based on our religious beliefs or those based on our gender identity or sexual orientation, win out? Existing laws and Court cases suggest that individuals and corporations may be able to avoid the non-discrimination requirement by claiming a religious objection to an employee’s gender identity or sexual orientation, but this issue is far from settled. Accordingly, this paper provides legal analysis of the conflict and presents advice regarding how to foster an inclusive workplace and ensure that the rights of all are safeguarded.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"152 - 171"},"PeriodicalIF":1.1,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47373863","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":"Hong Kong’s sex discrimination ordinance at twenty-five: Achievements, legislative change and continuing challenges","authors":"A. Barrow","doi":"10.1177/13582291221088423","DOIUrl":"https://doi.org/10.1177/13582291221088423","url":null,"abstract":"This article critiques Hong Kong’s Sex Discrimination Ordinance (SDO) as it turns 25, considering its achievements and impact, whilst highlighting continuing challenges for its operation. Although the Equal Opportunities Commission (EOC), the statutory body responsible for investigating and conciliating discrimination complaints, has promoted the ordinance and disseminated evidence-based research on sex discrimination, sexual harassment and pregnancy discrimination, the limited number of litigated cases has inhibited the educative impact of how discriminatory practices are perpetrated across a range of settings including in employment and the provision of goods and services. Politically contentious exemptions persist, and recent law reform does not go far enough in addressing the limitations of the SDO. Drawing on case law and qualitative research interviews with members of the EOC, scholars and non-governmental organisations, this paper questions whether Hong Kong’s SDO is coming of age. The article concludes that despite it 25-year history, there is much works that remains to be done to enhance societal understandings of gender equality.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"107 - 124"},"PeriodicalIF":1.1,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46866229","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":"G.L. v. Italy: The ambiguous role of article 14 European court of human rights in inclusive education cases","authors":"Marie Spinoy, K. Willems","doi":"10.1177/13582291221081308","DOIUrl":"https://doi.org/10.1177/13582291221081308","url":null,"abstract":"In September 2020, the European Court of Human Rights (ECHR) in the case of G.L. v. Italy found the Italian authorities in violation of their Convention obligations towards a child with disabilities. More specifically, as they had taken insufficient action to secure the implementation of support to which the learner had a legal right, Italy had violated its obligations under Article 2 of the First Protocol to the European Convention on Human Rights (‘FP’, right to education) combined with Article 14 European Convention on Human Rights (‘ECHR’, prohibition of discrimination) (para. 70). The judgment appears to be a cause for joy amongst those advocating for inclusive education. Yet the ECtHR’s current reasoning might not only herald positive developments in this area. In line with some previous cases, the Court uses Article 14 as a stepping stone for the state obligation to provide inclusive education. In considering reasonable accommodations through the lens of inclusive education, the Court conflates the two analyses. These entangled analyses under Article 14, as applied in G.L. and in the prior judgement of Stoian, could create negative incentives for states to draft legal provisions concerning inclusive education and take the necessary steps for implementation there.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"192 - 205"},"PeriodicalIF":1.1,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45035200","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 Spring 2022","authors":"Nicole Busby, Grace James","doi":"10.1177/13582291221083757","DOIUrl":"https://doi.org/10.1177/13582291221083757","url":null,"abstract":"My Project, The Celebrity Gangster: Benjamin “Bugsy” Siegel, will seek to understand the motives behind his goals and what he accomplished during his lifetime. A strong focus of the paper will be on the background and the rather exquisite life that Bugsy led. Bugsy’s wild and unpredictable life will provide as a crucial point of understanding as to how a mobster/gangster lived. Depictions within film/tv shows have often shaped most people’s understandings of mobsters and have formed countless myths. I will be utilizing various sources such as the Moffett Library, digital libraries, databases, and digitalized newspapers. The Moffett Library will provide a large amount of scholarly material related to the subject of crime in the twentieth century. Digital libraries will allow access to material not immediately available on campus. Both sources will be consistently used throughout the research paper as it will provide the core understanding of Bugsy along with this era of crime. The main focuses will be to provide an understandable yet enthralling paper that examines a point in American history that is often glossed over by movies and tv shows. perfect there is much more to be uncovered to fully understand the life of Bugsy. Bugsy retained a significant amount during his life over the decades would become polluted with misinformation. will a clear and concise understanding of the celebrity gangster Benjamin “Bugsy” Siegel. and the design of preparation for a professional recording of solo piano music that heightens our awareness of human rights and social justice issues. This presentation will provide a verbal summary of her work plus a performance chosen from compositions selected for the recording. This research examines the relationship between consumers’ engagement in moral grandstanding behaviors -- the use of public discourse about morality- and/or politically-laden topics to self-aggrandize -- and their experience of downstream conflict. Over two studies employing the use of both experimental design and linguistic inquiry word count (LIWC), this research provides support for the context in which moral grandstanding is likely to occur and establishes the status-seeking motivation that underlies moral grandstanding behaviors as the mechanism through which grandstanders’ increased experiences of downstream conflict occur. Finally, this research provides evidence that consumers can self-regulate their moral grandstanding behaviors through interventions that provide them with education about moral grandstanding and its deleterious effects and asks them to consider alternative behaviors that might have a greater impact on the morality- and politically-laden topics about which they are passionate. (IRB: 20100801) propose a new design of a the and constraints of a horizontal wind The new design for a The aim of this project is to design a robust network of ground-based and air-based autonomous vehicles capable of efficiently accomplishing pseudo-inte","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"22 1","pages":"3 - 3"},"PeriodicalIF":1.1,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45883056","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}