The Impact of Anti-Discrimination Law in the Netherlands

2019 ◽  
pp. 233-243
Author(s):  
Titia Loenen
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Muslim Women ◽  
Equal Treatment ◽  
Equal Access ◽  
Religious Minorities ◽  
Starting Point ◽  
The Impact ◽  
Positive Force

Dutch anti-discrimination law has been quite a positive force in combating discrimination on grounds of religion in employment by contributing to an approach to manifestations of religion in the workplace that takes accommodation of religious expressions rather than prohibition as its starting point. In this way, anti-discrimination law has promoted equal access to employment for religious minorities, in particular for Muslim women. A major role in this development has been played by the primary supervisory body of anti-discrimination law, the former Equal Treatment Commission and its successor, the National Institute of Human Rights, whose decisions are analysed in the chapter.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

scholarly journals Public Morality as a Legitimate Aim to Limit Rights and Freedoms in the National and International Legal Order

2019 ◽  
pp. 10-20
Author(s):  
Anna Młynarska-Sobaczewska ◽  
Katarzyna Kubuj ◽  
Aleksandra Mężykowska
Keyword(s):  
Human Rights ◽  
Moral Judgments ◽  
Moral Issues ◽  
National Courts ◽  
European Court ◽  
Starting Point ◽  
International Legal Order ◽  
Protection Of Human Rights ◽  
Human Rights Standards ◽  
The Impact

Domestic legislation and international instruments designed for the protection of human rights provide for general clauses allowing limitations of rights and freedoms, e.g. public morals. A preliminary analysis of the case-law leads to the observation that both national courts and the European Court of Human Rights, when dealing with cases concerning sensitive moral issues, introduce varied argumentation methods allowing them to avoid making direct moral judgments and relying on the legitimate aim of protecting morality. In the article the Authors analyse selected judicial rulings in which moral issues may have played an important role. The scrutiny is done in order to identify and briefly discuss some examples of ways of argumentation used in the area under discussion by domestic and international courts. The identification of the courts’ methods of reasoning enables us in turn to make a preliminary assessment of the real role that the morality plays in the interpretation of human rights standards. It also constitutes a starting point for further consideration of the impact of ideological and cultural connotations on moral judgments, and on the establishment of a common moral standard to be applied in cases in which restriction on human rights and freedoms are considered.

scholarly journals The legal status of religious minorities: Exploring the impact of the European Court of Human Rights

2018 ◽  
Vol 65 (1) ◽  
pp. 25-42 ◽  
Author(s):  
Effie Fokas
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Indirect Effects ◽  
Legal Status ◽  
Legal Reform ◽  
Direct Effects ◽  
Religious Minorities ◽  
European Court ◽  
Grassroots Level ◽  
The Impact

In the last 25 years the European Court of Human Rights (ECtHR) has evolved into a venue where some of the most contentious questions related to religion in European society are addressed. This article focuses on the grassroots level impact of the ECtHR in the domain of legal status of religious minorities. In light of scholarly debates questioning the direct effects of courts on the issues they address (i.e., legal reform and policy change), the research on which this article is based explores the nature and extent of the Court’s indirect effects on the legal status of religious minorities: how and to what extent does the ECtHR impact upon religious minorities in terms of their conceptions of, discourse around, and mobilisations pursuing their legal status-related rights? This question is addressed through results of empirical qualitative research conducted at the grassroots level in four country cases – Greece, Italy, Romania and Turkey.

THE IMPLEMENTATION OF THE PRINCIPLES OF EQUALITY AND THE PROHIBITION OF DISCRIMINATION IN THE ACTIVITIES OF THE OMBUDSMAN AS AN INDEPENDENT AUTHORITY FOR EQUAL TREATMENT

2019 ◽  
Vol specjalny (XIX) ◽  
pp. 49-65
Author(s):  
Radosław Hrynkiewicz
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Information Policy ◽  
European Countries ◽  
Equal Treatment ◽  
Leading Role ◽  
Political Challenge ◽  
The Impact ◽  
Type Of Behavior ◽  
Support Information

The article is aimed at explaining and defining the activities of the Ombudsman (the Commissioner for Human Rights) as an independent authority for equal treatment. In Poland, as well as in European countries, the issue of equal treatment and preventing discrimination is becoming more and more of a social, legislative and also political challenge. On account of the growing tendency to intensify behavior such as hate speech, xenophobia, racism, chauvinism and discrimination, it is necessary to take more effective steps at various levels in order to limit this phenomenon. It is vital to initiate and support information policy on legal effects, consequences and the impact of this type of behavior on the society to an even greater extent. The Ombudsman plays the fundamental and leading role among a number of institutions and organizations that actively support the policy of preventing such phenomena.

scholarly journals Integration reasoning at the ECtHR: Challenging the boundaries of minorities’ citizenship

2020 ◽  
Vol 38 (1) ◽  
pp. 55-74
Author(s):  
Kristin Henrard
Keyword(s):  
Human Rights ◽  
Public Schools ◽  
Public Space ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Religious Minorities ◽  
Human Rights Protection ◽  
Migrant Background ◽  
European Court ◽  
The Right

This contribution zooms in on a particularly disconcerting development in the jurisprudence of the European Court of Human Rights, that is visible in several recent cases brought by religious minorities with a migrant background, in which the Court accepts – in the name of (requirements for) integration – far-reaching restrictions on the rights of these religious minorities with a migrant background to be respected in their own religiously inspired way of life. The Court furthermore glosses over a context of Islamophobia and related stereotypes, thus failing to identify and counter instances of discrimination on grounds of religion. The article argues that the ECtHR in these cases not only drifts away from the counter-majoritarian core of human rights protection, turning several of its steady lines of jurisprudence favourable to (the effective protection of) minorities’ fundamental rights on their head, but also allows States to basically push religious minorities with a migrant background out of the public space/public schools, in the name of social integration – an integrated society. Ultimately, States are contesting the substantive citizenship of religious minorities with a migrant background and the Court, unfortunately, enables them to exclude and marginalise these religious minorities with a migrant background. The Court thus disregards the foundational value of the right to equal treatment for the human rights paradigm, and moves away from an equal and inclusive citizenship. Put differently, the Court enables governments to dress up Islamophobic, exclusionary agenda’s with a human face, thus challenging the boundaries of citizenship in the name of ‘integration’.

Narrative inequality in the TRC hearings

2006 ◽  
Vol 5 (1) ◽  
pp. 37-70 ◽  
Author(s):  
Jan Blommaert ◽  
Mary Bock ◽  
Kay McCormick
Keyword(s):  
Human Rights ◽  
Detailed Analysis ◽  
Truth And Reconciliation Commission ◽  
Equal Access ◽  
Communicative Interaction ◽  
Reconciliation Commission ◽  
Language Varieties ◽  
Truth And Reconciliation ◽  
Narrative Skills ◽  
The Impact

South Africa’s Truth and Reconciliation Commission victim hearings were a highly unusual discourse event in which previously silenced and powerless people were offered a prestigious public forum and speech format to tell about their experiences of human rights violations. However, despite the equal access offered to victims for the telling of their stories, pre-existing inequalities persisted and were reflected in the relative ‘hearability’ of these stories. We use the concept of ‘pretextuality’ to account for the relative hearability. The concept refers to the varying degrees of competence in language varieties, literacy and narrative skills that people bring with them to a communicative interaction, and which influence the impact of their narratives. Through detailed analysis of selected testimonies, we demonstrate ways in which the inequalities suggested above emerged in the hearings.

scholarly journals Good Ethnic Minority Justice: The Need for Good Governance by Ethnic Minority Group

2019 ◽  
Vol 5 (2) ◽  
pp. 203-224
Author(s):  
Awaludin Marwan
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Ethnic Minority ◽  
Ethnic Minorities ◽  
Good Governance ◽  
Minority Group ◽  
Legal Protection ◽  
Equal Treatment ◽  
Theory Of Justice ◽  
Dominant Theory

Good ethnic minority justice is a notion which stipulates equal treatment for all people, including ethnic minorities, regardless of their ethnic, religious, or cultural background. This paper will discuss the vital demand for the implementation of good governance in providing justice to ethnic minorities. Good governance, at least, comprises of the principle of transparency, the principle of participation and the principle of human rights. Furthermore, this paper will focus on theoretical and philosophical analyses towards the need for good ethnic minority justice. Some examples are mentioned from the situation of legal protection of ethnic minorities in Indonesia and the Netherlands. Meanwhile, philosophical discourses emphasize good ethnic minority justice which is the opposite of the dominant theory of justice. The theory of justice mostly supports the position of the majority. Good ethnic minority justice highlights the legal protection of ethnic minorities.

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