Sexual Orientation Discrimination in the European Union: Nationality Laws and the Employment Directive. By C WAALDIJK and M BONINI-BARALDI. The Hague: TMC Asser Press, 2006. 256 pp.  48

2008 ◽  
Vol 78 (1) ◽  
pp. 506-508
Author(s):  
M. Jefferson
Keyword(s):  
European Union ◽  
Sexual Orientation ◽  
Orientation Discrimination ◽  
The European Union ◽  
Sexual Orientation Discrimination ◽  
The Hague

The strong global trend of prohibiting employment discrimination based on sexual orientation

2021 ◽  
Vol 24 (3/4) ◽  
pp. 388-400
Author(s):  
Kees Waaldijk
Keyword(s):  
Sexual Orientation ◽  
Orientation Discrimination ◽  
Sex Partners ◽  
The European Union ◽  
Social Strategies ◽  
Content Type ◽  
Sexual Orientation Discrimination ◽  
Homosexual Orientation ◽  
Global Trend ◽  
Discrimination In Employment

Abstract Over the last 30 years, more than 85 countries have prohibited sexual orientation discrimination in employment. Enacting such legal prohibitions has thereby become the most common form of legal recognition of homosexual orientation (more so than the decriminalisation of homosexual sex or the opening up of family law to same-sex partners). The trend is global (ten countries in Africa, more in Asia/Oceania, many in Europe and the Americas). The trend is reflected in supranational rules of the European Union and the Organisation of American States and also in decisions of international human rights bodies. On the basis of these numbers and developments, and in light of the various factors that help explain the strength of this global trend, the author argues that it is to be expected that the trend will continue to reach more and more countries. Explicit legal prohibitions of sexual orientation discrimination in employment can play a useful – perhaps central – role amongst other legal, educational, and social strategies aimed at increasing LGB inclusion.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

scholarly journals Sexual Orientation and the Canadian Labour Movement

2005 ◽  
Vol 52 (4) ◽  
pp. 787-811 ◽  
Author(s):  
Gerald Hunt
Keyword(s):  
Sexual Orientation ◽  
Public Sector ◽  
Organizational Leadership ◽  
Leadership Role ◽  
Orientation Discrimination ◽  
Equal Rights ◽  
Labour Movement ◽  
Sexual Orientation Discrimination ◽  
Regional Dynamics ◽  
Canadian Labour Congress

The response of the Canadian labour movement to sexual orientation discrimination has been mixed and uneven. The Canadian Labour Congress, along with several provincial federations and a grouping number of unions, have taken a leadership role in promoting equal rights for gays and lesbians, while other labour organizations have done nothing at all. Public sector and Canadian based unions are much more likely to have been active than have American-based unions, even though there are important exceptions to these trends. These developments are partially explained by regional dynamics, membership demographics, degree of activism, the presence of women's committees, and organizational leadership.

Dignity and Disgrace: Moral Citizenship and Constitutional Protection

2013 ◽  
Author(s):  
Edwin Cameron
Keyword(s):  
Sexual Orientation ◽  
South African ◽  
Orientation Discrimination ◽  
Constitutional Court ◽  
South Africans ◽  
Constitutional Protection ◽  
Sexual Orientation Discrimination ◽  
Moral Citizenship ◽  
Gays And Lesbians ◽  
South African Constitution

Apartheid’s race discrimination branded blacks inferior, leaving a residue of indignity that was perceived and experienced as shameful. This explains the pivotal significance of dignity in the South African Constitution. Hence the Constitutional Court has created a normative framework for South Africans to assert personhood without the shameful stigmata of past subordination. The Court’s strong protection of sexual orientation is best understood against this backdrop. While there is no ready comparison between race and sexual orientation discrimination, both brand those they subordinate as inferior and thus as the objects of shame. The Court’s jurisprudence on gays and lesbians has, therefore, afforded equality, but also addressed the shameful subordination of the past by enabling gays and lesbians to assert themselves as equal moral citizens who can fulfil their capacities as humans without shame.

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