Editorial
| Date | 01 June 2019 |
| DOI | 10.1177/1358229119846717 |
| Published date | 01 June 2019 |
| Subject Matter | Editorial |
Editorial
Editorial 19(2)
In this issue, Kati Nieminen discusses the reasoning in the case of SAS v France,the
Strasbourg Court’s decision on the French ban on the Islamic full-face veil. Here the
European Court of Human Rights found that th e French law prohibi ting anyone con-
cealing their face in public places did not violate any of the freedoms e nshrined in the
Convention. Nieminen argues that the approach taken by the court, namely its proce-
dural and de-contextualized approach to rights in this case, has eroded protection
against discrimination. The focus on the procedural aspect of Convention rights meant
that there was insufficient engagement with substantive analysis, specifically the
issues of necessity and proportionality and the state’s claims were not subjected to
sufficient scrutiny. The decontextualised approach meant that insufficient attention
was given to the situation of vulnerable groups. The effect of both, Nieminen argues,
is that they receive less protection from discrimination.
A common theme of the following two articles is the failure of states to enforce rights
to freedom from discrimination. Augustine Arimoro reviews the position of persons with
disabilities in Nigeria, arguing that Nigeria has failed to implement the measures nec-
essary to achieve their freedom from discrimination. There is widespread discrimination
against persons with disabilities in terms of access to work, as well as problems of access
to public facilities and education, which means that in some cases children cannot attend
school at all. There is also very little participation by persons with disabilities in political
life. They are also stigmatised as a result of religious practices and cultu ral beliefs.
Despite the fact that Nigeria has ratified the Convention on the Rights of Persons with
Disabilities, and that the Afr ican Charter and Constitution p rotect the right to non-
discrimination, in practice there are considerable barriers to achieving equality. Arimoro
argues inter alia for the Disability Bill for Nigeria to be signed into law.
Yermek Buribayev and Zhanna Khamzina consider the issue of gender equality in
employment in Kazakhstan, where there have been advances in formal rights, but women
still suffer discrimination in the workplace. They analyse the relevant provisions of the
Kazakhstan Labour Code and international law standards in the ILO Conventions and
Recommendations, and argue that women need more protection, especially those with
family responsibilities, and stronger enforcement of existing rights is needed. The
authors argue for improved procedures to bring challenges in relation to discrimination
at work, better working conditions for women and for trade unions to give more attention
to gender equality.
International Journalof
Discrimination and theLaw
2019, Vol. 19(2) 67–68
ªThe Author(s) 2019
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DOI: 10.1177/1358229119846717
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