Editorial
| DOI | 10.1177/1358229115627516 |
| Date | 01 March 2016 |
| Published date | 01 March 2016 |
| Subject Matter | Editorial |
Editorial
Susan Easton
Editorial 16(1)
In this issue, Darren O’Donovan considers the housing exclusion of the Irish Traveller/
Roma Community and how access to housing has been treated in Convention jurispru-
dence. He argues that European human r ights norms have struggled to address th is
housing inequality which raises issues in relation to socio-economic rights, multicultur-
alism and indirect discrimination. O’Donovan discusses the reasons behind inadequate
accommodation rates and enforcement and the role of domestic law and European
Convention jurisprudence in negotiating these problems. The Irish travelling community
suffers from serious socio-economic exclusion, but domestic law has failed to achieve
substantive equality. Article 8 does not ensure access to housing but does demand an
evaluation of needs, past stat e action and public interest arg uments and there is an
increasing burden of justification upon states. He considers the implications of the case
of Winterstein v France which strengthened the protection of nomadic identity in finding
the eviction in question disproportionate. The principle of proportionality demands that
attention be given to the consequences of the eviction and that the eviction process be
accompanied by adequate consideration of alternative accommodation.
Gates and Saunders consider the use of executive orders as a progressive measure to
protect human rights, focusing specifically on the order signed in 2014 which extends
workplace protections to lesbian, gay, bisexual and transgender workers. The executive
order is a directive issued by the President, which is the equivalent of law and does not
require congressional approval. The LGBT order is useful, as federal law does not
outlaw workplace discrimination based on sexual orientation and gender identity
although there are also some protections at state and local level. Gates and Saunders
examine the use of executive orders to advance human rights, which in the past have
been used to deal with a range of issues, including slavery and racial equality matters and
mental health needs. While the LGBT order is welcome, as the authors note, it does not
challenge existing religious exemptions and Congress could limit its use by passing new
legislation. Ultimately what is needed, they a rgue, is a comprehensive Employment
Non-Discrimination Act which has been proposed in the past but has yet to be enacted
or alternatively changes to civil rights law to protect LGBT workers.
Megan Pearson considers the question of whether religion has been given a lower
priority than other protected characteristics, particularly sexual orientation, under the
Equality Act 2010. Whilst there is no hierarchy of rights under the Act, it has been
International Journalof
Discrimination and theLaw
2016, Vol. 16(1) 3–4
ªThe Author(s) 2016
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DOI: 10.1177/1358229115627516
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