International Journal of Discrimination and the Law

Publisher:: Sage Publications, Inc.
Publication date:: 2021-09-06

ISBN:: 1358-2291

Issue Number

No. 24-4, December 2024

Latest documents

Intersectional discrimination and EU law: Time to revisit Parris
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.
Parent, meaning who? Biotechnological revolution in human procreation and succession law in Poland
Recent developments in assisted reproductive technology (ART) – the use of third parties in the process of fertilization and pregnancy, and cryopreservation of human sperm, ova and human embryos – have contested many previously unchallenged paradigms related to parenthood. Currently, the thesis that a person is created by the physical consummation of two living parents of the opposite sex, is no longer as simple and clear cut. Undoubtedly, these changes affect social norms, including the legal systems of individual states which take divergent stances on the above-mentioned issues. For example, in their approach to filiation relations of a child born through ART and how his/her parents’ data are entered on the child’s birth certificate. Intensified migration movements of Poles to the USA and an increased number of cross-border (Polish and American) relationships have resulted in a growing frequency of foreign birth certificates appearing in Poland. Though incompatible with the Polish law, such certificates provide grounds for certain claims to be filed since vital records are documents of particular importance in every legal order, and in succession proceedings they are of fundamental value. Thus, a question arises as to the viewpoint of Polish law in regard to American birth certificates which do not comply with the rules in force in Poland regarding the filiation indicated therein. Can a child inherit by operation of law from people of the same sex indicated in his/her birth certificate issued abroad and can he/she inherit from all the parents named in such a certificate even if there are more than two of them? Does a child conceived several years after the death of his/her father, whose data feature on the American birth certificate, have a right to inherit from him in Poland? This article attempts to answer these questions.
Retaliation in workplace sexual assault: The effect of #MeToo on federal court cases in the United States
The number of federal claims filed with the Equal Employment Opportunity Commission (EEOC) in the United States by alleged victims of workplace sexual assault increased following the #MeToo movement along with allegations of retaliation by employers against these victims for making formal claims of sexual discrimination. This study distinctively presents an examination, not of the number of EEOC claims, but instead those claims which became federal court cases over the last three years in which a claims of workplace retaliation were alleged because of sexual assault in the workplace. The study provides an empirical examination of numerous characteristics, related factors, and outcomes of such retaliation cases involving sexual assault in the contemporary #MeToo era. The implications of these diverse results are advanced along with recommendations for employers and employees alike.
Confronting our failures: Tensions in remedying systemic discrimination in Canada
This article examines the complexities of providing remedies for systemic discrimination in light of evolving understandings of equality and justice. Despite constitutional and statutory protections affirming the right to live free from discrimination, there remains a significant gap between recognizing systemic discrimination and implementing effective remedies. The 2021 case of Canada (Attorney General) v. First Nations Child and Family Caring Society of Canada serves as a focal point to highlight the shortcomings of the current remedial framework, which often prioritizes corrective over transformative justice, reflecting a formal rather than substantive approach to equality. In this case, the Canadian Human Rights Tribunal found that Canada’s inequitable funding of First Nations child welfare services was discriminatory on the grounds of race and national or ethnic origin. It ordered Canada to compensate every child impacted, while simultaneously imposing systemic remedies such as reforming federal funding policies. By exploring the Tribunal’s decision to uphold both individual and systemic remedies, the paper argues for a more integrated approach that moves beyond the dichotomy of individual versus systemic discrimination. It advocates for co-designed remedies informed by the perspectives of affected communities, calling for a shift in how systemic discrimination is addressed within Canada’s legal framework.
Editorial - December 2024
On the margins of refuge: Queer Syrian refugees and the politics of belonging and mobility in post-2019 Lebanon
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.
The role of European equality bodies to address algorithmic discrimination
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.
Legal status of the self-employed person in the field of social protection in Ukraine
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.
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
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.
Editorial - September 2024