The Law on Age Discrimination in the EU

Author: Malcolm Sargeant
Publisher: Kluwer Law International B.V.
ISBN: 9041125221
Format: PDF
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The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study

Age Discrimination and Labour Law

Author: Mia Rönnmar
Publisher:
ISBN: 9789041149794
Format: PDF, Mobi
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Benefit from the first in-depth study of the special complexities of the ban on age discrimination. Age Discrimination and Labour Law. Comparative and Conceptual Perspectives in the EU and Beyond, presents a detailed investigation of age discrimination from the dual perspectives of labour law and non-discrimination law.0Ensure that you have a full understanding of the latest global developments with the topical discussion and analysis of EU law and the national law in a representative range of Member States. The richly detailed comparative approach also examines developments in Australia, Japan, Latin America, South Africa, and the United States. 0Distinguished scholars in the fields of non-discrimination law and labour law contribute comparative and conceptual analyses as well as details of national developments, delivering informative guidance to support your practice.

Handbook on European Non discrimination Law

Author:
Publisher:
ISBN: 9789287198518
Format: PDF, ePub
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This handbook provides an overview of key aspects of non-discrimination law in Europe, with specific reference to the prohibition of discrimination provided in the Council of Europe’s European Convention on Human Rights (ECHR), as interpreted by the European Court of Human Rights (ECtHR), and the law of the European Union, as interpreted by the Court of Justice of the European Union (CJEU). The handbook acknowledges that the principle of non-discrimination is very important because it influences the enjoyment of all other human rights. The aim of non-discrimination law is to allow all individuals an equal and fair prospect to access opportunities available in a society. The handbook is designed to assist legal practitioners who are not specialised in the field of non-discrimination law, serving as an introduction to key issues involved. It is intended for lawyers, judges, prosecutors, social workers, as well as for persons who work with national authorities, non-governmental organisations (NGOs) and other bodies that deal with legal questions relating to issues of discrimination. The handbook may also be useful for legal research or public advocacy purposes. It is designed to permit practitioners to refer directly to specific sections/topics as required; it is not necessary to read the handbook as a whole. European non-discrimination law, as constituted in particular by the EU non-discrimination directives, and Article 14 of and Protocol 12 to the European Convention on Human Rights, prohibits discrimination across a range of contexts and grounds. This handbook examines European nondiscrimination law stemming from these two sources as complementary systems, drawing on them interchangeably to the extent that they overlap, while highlighting differences where these exist. It also contains references to other Council of Europe instruments, in particular the European Social Charter, as well as to relevant United Nations instruments. With the impressive body of case law by the European Court of Human Rights and the Court of Justice of the European Union in the non-discrimination field, it seems useful to present, in an accessible way, a handbook intended for legal practitioners - such as judges, prosecutors and lawyers, as well as lawenforcement officers - in the EU and Council of Europe member states and beyond.

Age as an Equality Issue

Author: Sandra Fredman
Publisher: Hart Publishing
ISBN: 1841134058
Format: PDF, Kindle
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To what extent is age inevitably linked with declining capacity? What are the goals of a policy on age equality, and how can these be realized in law? How should law and policy address age discrimination in health, education and employment? Should young people be dealt with in the same way as older people? This book answers these questions in a series of chapters by experts from a wide range of disciplines. It examines the nature of the aging process and provides a detailed analysis of the concept of age equality.

Extending Working Life for Older Workers

Author: Alysia Blackham
Publisher: Bloomsbury Publishing
ISBN: 1509905774
Format: PDF, ePub
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The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the 'ageing challenge' and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing.

EU Social and Employment Law 2E

Author: Philippa Watson
Publisher: OUP Oxford
ISBN: 9780199689156
Format: PDF, ePub, Mobi
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This new edition provides a distinctively broad-based approach to EU employment law, covering related social policy and anti-discrimination measures, as well as a detailed overview of how policy and law are made.

Engineering Equality

Author: Alexander Somek
Publisher: Oxford University Press
ISBN: 0199693374
Format: PDF, Docs
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Examining the rise of European anti-discrimination law, this book provides a critique of the focus on and implementation of, anti-discrimination law.

EU Anti Discrimination Law

Author: Evelyn Ellis
Publisher: Oxford University Press
ISBN: 0199698465
Format: PDF, Docs
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Professor Evelyn Ellis provides an analytical and critical examination of the EU law forbidding discrimination, and explores the theoretical and philosophical underpinnings of the law.

Research Handbook on EU Labour Law

Author: Alan Bogg
Publisher: Edward Elgar Publishing
ISBN: 1783471123
Format: PDF, Mobi
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Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.