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Foundations of Indirect Discrimination Law

Edited by: Hugh Collins, Tarun Khaitan

ISBN13: 9781509912544
Published: February 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509939664



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This collections explores at a theoretical level the EU approach to indirect discrimination, asking some big questions about it like is its purpose social justice or formal equality, or what is the underlying theory of structural disadvantage for protected groups.

This offers a unique perspective as, while a lot has been written about direct discrimination (aims, purposes, theory), there is very little about indirect discrimination.

Subjects:
Discrimination Law
Contents:
1. Indirect Discrimination Law: Controversies and Critical Questions
Hugh Collins and Tarunabh Khaitan
2. Direct and Indirect Discrimination: Is There Still a Divide?
Sandra Fredman
3. Approaching the Indirect–Direct Discrimination Distinction: Concepts, Justifications and Policies
Nicholas Bamforth
4. Judicial Scepticism of Discrimination at the ECtHR
Barbara Havelková
5. Indirect Discrimination and the Duty to Avoid Compounding Injustice
Deborah Hellman
6. The Moral Seriousness of Indirect Discrimination
Sophia Moreau
7. Squaring the Circle: Can an Egalitarian and Individualistic Conception of Freedom of Religion or Belief Co-exist with the Notion of Indirect Discrimination?
Ronan McCrea
8. Indirect Discrimination, Affirmative Action and Relational Egalitarianism
Kasper Lippert-Rasmussen
9. Wrongs, Group Disadvantage and the Legitimacy of Indirect Discrimination Law
Tarunabh Khaitan and Sandy Steel
10. Anti-discrimination Law and the Duty to Integrate
Julie C Suk
11. Justice for Foxes: Fundamental Rights and Justification of Indirect Discrimination
Hugh Collins