The Concept of Direct Discrimination in European Anti-Discrimination Law: Theory, Practice and Limits
In: iCourts Working Paper Series, no. 285 (2022)
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In: iCourts Working Paper Series, no. 285 (2022)
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In: Anne Hewitt, "Can a Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform?" (2013) 41 Federal Law Review 35
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In: Journal of lesbian studies, S. 1-7
ISSN: 1540-3548
In: Monash University Law Review, Band 42, Heft 3, S. 545-578
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In: EUI Department of Law Research Paper No. 2020/12
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Working paper
In: EUI Department of Law Research Paper No. 2020/12
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Working paper
In: STED journal: journal of social and technological development : časopis o društvenom i tehnološkom razvoju, Band 1, Heft 2
ISSN: 2637-2614
It is beyond any doubt that victims of human rights violations are rarely in position to initiate court proceedings fighting systematic discrimination themselves, which makes the role of human rights institutions indispensable. This specific mandate gives rise to numerous questions, such as: to what extent state institution takes the role of the legal representative, what capacities should it possess, on what basis it selects the cases meriting court intervention, is court intervention equally suitable in all areas of human rights protection and which analyzed model from Europe or wider has proved to be the most effective? Article offers analysis of court interventions in federal states with complex government structure and multiple institutions mandated with human rights protection, be it Ombudsmen Institution or Equality Body, court interventions in states with single human rights institution, comparative practice present in various European states, as well as interventions of human rights bodies before European tribunals. Author outlines the legal framework, human resources, and administrative structure that need to be provided, so that court interventions would have the desired effect and generate positive changes. In this process, it is of paramount importance to respect existing legal traditions and intrinsic practices, which proved their practical applicability over time, while any attempt to use legal transplants, with a goal of hastily unification of national legal orders and imposing transnational jurisdiction, can only produce confusion and countereffects.
In: The Practical Lawyer, August 2008
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In: SAFE Working Paper No. 369
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In: European Corporate Governance Institute - Law Working Paper No. 663/2022
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In: Berkeley Journal of Employmment and Labor Law, Vol. 24
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In: Probation journal: the journal of community and criminal justice, Band 40, Heft 2, S. 78-81
ISSN: 1741-3079
Though Welsh has notional equal status in the Courts of Wales, Mark Drakeford of University College, Swansea, points to the disadvantage facing defendants for whom Welsh is their first or only language when dealing with the Probation Service.
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In: (2020) 9 Oxford Journal of Law and Religion 56-78
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In: Asian politics & policy: APP, Band 11, Heft 4, S. 701-705
ISSN: 1943-0787