Pages: 3 - 4 Abstract: International Journal of Discrimination and the Law, Volume 21, Issue 1, Page 3-4, March 2021.
Citation: International Journal of Discrimination and the Law PubDate: 2021-03-01T02:19:58Z DOI: 10.1177/1358229121998104 Issue No:Vol. 21, No. 1 (2021)
Authors:Pauline Roberts Abstract: International Journal of Discrimination and the Law, Ahead of Print. This commentary examines the Court of Appeal’s decision in R (Delve and Glynn) v. Secretary of State for Work and Pensions, which concerned the judicial review of the incremental increase of the state pension age in the United Kingdom for women born in the 1950s. It focuses on the claims of discrimination contrary to Article 14 of the European Convention on Human Rights, in particular the discussion relating to indirect sex/sex and age discrimination. It is argued that there is scope for greater clarity in the Court’s reasoning which led to its conclusion that the measures did not result in indirect discrimination contrary to Article 14. However, the dismissal of each appeal is not surprising, in view of the adoption of the ‘manifestly without reasonable foundation’ test when scrutinising decisions relating to social welfare policy. In other words, even if the measures resulted in indirect sex discrimination, they were justified. Citation: International Journal of Discrimination and the Law PubDate: 2021-04-30T06:48:34Z DOI: 10.1177/13582291211011432
Authors:Alysia Blackham Abstract: International Journal of Discrimination and the Law, Ahead of Print. In 2011, the UK government abolished the national default retirement age. While this could support extended working lives and promote individual choice, it could also be a neoliberal ‘ploy’ to individualise the risks of old age. The question, then, is what impact does the removal of mandatory retirement have in practice: does it help to promote individual choice and autonomy' Or does it lead to work intensification and the individualisation of the risks of demographic change' Or both, perhaps simultaneously' Drawing on original qualitative and quantitative empirical data from UK and USA universities, this article considers the impact of removing mandatory retirement ages on individual workers in higher education. It argues that legal reform may have prompted or encouraged work intensification in universities, including through an increased focus and use of performance management. Thus, in practice, the consequences of removing retirement ages for individuals are mixed. Citation: International Journal of Discrimination and the Law PubDate: 2021-04-26T12:01:31Z DOI: 10.1177/13582291211010418
Authors:Rocío Elizabeth Vera Santos Abstract: International Journal of Discrimination and the Law, Ahead of Print. For the first time in Ecuador a hate crime was tried in court and led to a conviction. This was the case of Michael Arce, a young Afro-Ecuadorian former cadet who won the trial against Captain Fernando Encalada of the Eloy Alfaro Military School (ESMIL). ESMIL belongs to the Ecuadorian Armed Forces, a state institution considered to be of great prestige and a guarantor of citizens’ rights and democracy, but not for all. Arce suffered in ESMIL 2 months of humiliation and torture. Through a socio-legal analysis this article demonstrates the normalization of racial stereotypes and prejudices, and the sometimes subtle existence of structural and institutional racism in the education and judicial systems. This case represents a pioneering judicial action in Ecuador that legally established and defined new pretrial and trial proceedings in regard to litigation concerning violation of human rights, racial discrimination and hate crimes. Citation: International Journal of Discrimination and the Law PubDate: 2021-03-30T10:56:10Z DOI: 10.1177/13582291211002972
Authors:Motlhatlego Dennis Matotoka, Kolawole Olusola Odeku First page: 47 Abstract: International Journal of Discrimination and the Law, Ahead of Print. Black African women in South Africa are poorly represented at managerial levels in the South African private sector since the advent of democracy. Their exclusion at these occupational levels persists despite the Employment Equity Act 55 of 1998 (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. The South African private sector demonstrates its lack of commitment to proliferating black African women into managerial positions by deliberately engaging in race-based recruitment and failing to develop and promote suitably qualified women into managerial positions. As such, the private sector is failing to create upward mobility for black African women to break the glass ceiling. The EEA requires the private sector to apply affirmative action measures in order to achieve equity in the workplace. It is submitted that since 1998, the private sector has been provided with an opportunity to set it own targets in order to achieve equity. However, 22 years later, black African women are still excluded in key managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets.This approach has failed to increase the representation of black women in managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets. Whilst this approach seeks to afford the private sector importunity to set its own target, this approach has failed to increase the representation of black women in managerial positions. Employing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. This paper seeks to show that the progression of black African women requires South Africa to adopt a quota system without flexibility that will result in the private sector being compelled to appoint suitably qualified black African women in managerial levels. Citation: International Journal of Discrimination and the Law PubDate: 2021-02-03T12:20:33Z DOI: 10.1177/1358229121990569
Authors:Ayushi Agarwal First page: 5 Abstract: International Journal of Discrimination and the Law, Ahead of Print. Violence against women (VAW) is rampant in India, and rising every year. However, Indian laws are geared towards punishing individual instances of such violence, instead of attempting to eradicate the problem itself. This is owed in part to the incomplete understanding of the causes and effects of such violence. Here, I advance a feminist understanding of VAW, wherein it is seen as a result of gendered prejudices designed to keep women in subordination. I show that international human rights law now endorses this feminist understanding, and trace the evolving understanding of equality in Indian courts to argue that given its current understanding as substantive equality, VAW can and should be seen as a form of sex discrimination due the cycle of disadvantage it creates for women. I critically analyse several decisions by Indian courts that show a move towards acceptance of VAW as a form of sex discrimination, and point to the limitations of these decisions. Finally, I propose various ways in which envisaging VAW as a form of sex discrimination would lead to a better framework of laws for not only countering such violence, but also eradicating it. Citation: International Journal of Discrimination and the Law PubDate: 2020-12-11T11:25:04Z DOI: 10.1177/1358229120978865
Authors:Onyeka C Okongwu First page: 26 Abstract: International Journal of Discrimination and the Law, Ahead of Print. Gender inequality is a social problem facing women all over the world and is a barrier to human development. The United Nations commits to achieving gender equality and empowering women and girls and have adopted the Sustainable Development Goals to achieve gender equality by 2030. Nigeria, a Member State of the United Nations has ratified international and regional instruments which advocate for the protection and promotion of the rights of women and girls. Though some progress has been made to reduce inequality, discrimination remains a problem to women and is exacerbated by factors such as culture, religion, social practices and discriminatory laws. This study seeks to add to the discourse on gender inequality in Nigeria and examine the effectiveness of available domestic and international provisions against sex discrimination when considered against ingrained cultural attitudes, beliefs and discriminatory laws. The study found that among other determinants, culture and religion were constant features in the different forms of discrimination Nigerian women face and they were the primary reasons the proposals to pass gender equality laws were opposed and failed. The study proposes the need to adopt non-policy measures such as education and awareness-raising as additional measures to eliminating discrimination and promoting equality. Citation: International Journal of Discrimination and the Law PubDate: 2020-12-23T05:48:45Z DOI: 10.1177/1358229120978915
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