Search result: 59 articles

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Year 2020 x
Rulings

ECJ 19 November 2020, Case C-93/19 P (EEAS – v – Hebberecht), Gender Discrimination, Miscellaneous

European External Action Service (EEAS) – v – Chantal Hebberecht, EU case

Journal European Employment Law Cases, Issue 4 2020
Keywords Gender Discrimination, Miscellaneous
Abstract

    In its consideration of Ms Hebberecht’s request to extend her posting, EEAS could not exclude equal treatment aspects from the consideration on grounds that they were not deemed relevant in the interests of the service.

Pending Cases

Case C-389/20, Gender Discrimination

CJ – v – Tesorería General de la Seguridad Social, reference lodged by the Juzgado de lo Contencioso-Administrativo n.º 2 de Vigo (Spain) \ on 14 August 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Gender Discrimination

    Deductions from pensions larger than a certain threshold do not necessarily constitute gender and/or age discrimination.

    The Danish Supreme Court recently held that an employer had discharged the reversed burden of proof in a case concerning a physiotherapist who was dismissed shortly after her return from maternity leave.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
Pending Cases

Case C-372/20, Social Insurance, Gender Discrimination

QE – v – Finanzamt Wien für den 8., 16. und 17. Bezirk, reference lodged by the Bundesfinanzgericht (Austria) on 6 August 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Social Insurance, Gender Discrimination
Pending Cases

C-405/20, Gender Discrimination, Pension

EB and Others – v – Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB), reference lodged by the Verwaltungsgerichtshof (Austria) on 28 August 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Gender Discrimination, Pension

    On 13 December 2019 the European Free Trade Association (EFTA) Court held that a national provision that renders a father’s entitlement to parental benefits during a shared period of leave dependent on the mother’s situation, but not vice versa, fell outside the scope of Directive 2006/54/EC (the Equal Treatment Directive) since it did not concern “employment and working conditions” within the meaning of Article 14(1)(c) of that Directive. The action brought by the EFTA Surveillance Authority (ESA) was thus dismissed. The Court consequently did not consider whether the Norwegian rules amounted to unlawful discrimination under the Directive. Furthermore, no assessment was made as to the potential breach with the general principle of equality of gender under EEA law, as this had not been pleaded by ESA.


Jonas Thorsdalen Wik
Jonas Thorsdalen Wik is an attorneys-at-law at Hjort Law Firm (Oslo, Norway).

Dag Sørlie Lund
Dag Sørlie Lund is an attorneys-at-law at Hjort Law Firm (Oslo, Norway).
Rulings

ECJ 18 November 2020, Case C-463/19 (Syndicat CFTC), Gender Discrimination

Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle – v – Caisse primaire d’assurance maladie de la Moselle, French case

Journal European Employment Law Cases, Issue 4 2020
Keywords Gender Discrimination
Abstract

    A national collective agreement may reserve to mothers alone an additional maternity leave, as long as it seeks to protect them from the effects of pregnancy and motherhood.

    No breach of diplomat’s rights when she was recalled from a post abroad because she was pregnant.

Human Rights Practice Review

The Czech Republic

Journal East European Yearbook on Human Rights, Issue 1 2020
Authors Viktor Kundrák and Maroš Matiaško
Author's information

Viktor Kundrák
Viktor Kundrák works for the OSCE Office for Democratic Institutions and Human Rights (ODIHR) as a Hate Crime Officer. He is also a PhD candidate at Charles University in Prague. The views in this article are his own and do not necessarily represent those of ODIHR.

Maroš Matiaško
Maroš Matiaško is a PhD candidate at Palacky University and Essex University. He is a chair of the Forum for Human Rights (NGO based in Prague) and human rights attorney at law.
Article

Beizaras and Levickas v. Lithuania

Recognizing Individual Harm Caused by Cyber Hate?

Journal East European Yearbook on Human Rights, Issue 1 2020
Keywords hate speech, verbal hate crime, cyber hate, effective investigation, homophobia
Authors Viktor Kundrák
AbstractAuthor's information

    The issue of online hatred or cyber hate is at the heart of heated debates over possible limitations of online discussions, namely in the context of social media. There is freedom of expression and the value of the internet in and of itself on the one hand, and the need to protect the rights of victims, to address intolerance and racism, as well as the overarching values of equality of all in dignity and rights, on the other. Criminalizing some (forms of) expressions seems to be problematic but, many would agree, under certain circumstances, a necessary or even unavoidable solution. However, while the Court has long ago declared as unacceptable bias-motivated violence and direct threats, which under Articles 2, 3 and 8 in combination with Article 14 of the ECHR, activate the positive obligation of states to effectively investigate hate crimes, the case of Beizaras and Levickas v. Lithuania presented the first opportunity for the Court to extend such an obligation to the phenomenon of online verbal hate crime. This article will first address the concepts of hate speech and hate crime, including their intersection and, through the lens of pre-existing case law, identify the key messages for both national courts and practitioners. On the margins, the author will also discuss the issue of harm caused by verbal hate crime and the need to understand and recognize its gravity.


Viktor Kundrák
Viktor Kundrák has worked for the OSCE Office for Democratic Institutions and Human Rights (ODIHR) as a Hate Crime Officer since 2018. He has been responsible for ODIHR’s hate crime reporting, trained police, prosecutors and judges, and provided legislative and policy support at the national level. He is also a PhD candidate at Charles University in Prague. The views in this article are his own and do not necessarily represent those of ODIHR. Some of the opinions are based on an article published in Czech earlier this year (see V. Kundrák & M. Hanych, ‘Beizaras and Levickas v. Lithuania (Verbal Hate Crime on Social Network and Discriminatory Investigation)’, The Overview of the Judgments of the European Court of Human Rights, Vol. 3, 2020.
Human Rights Practice Review

Bosnia and Herzegovina

Journal East European Yearbook on Human Rights, Issue 1 2020
Authors Enis Omerović and Lejla Zilić
Author's information

Enis Omerović
Dr. Enis Omerović, PhD, Assistant Professor at the Department of State and Public International Law, Faculty of Law, University of Zenica, Bosnia and Herzegovina.

Lejla Zilić
Mr. Sc. Lejla Zilić, MA, Teaching Assistant at the Department of Criminal Law, Faculty of Law, University of Zenica, Bosnia and Herzegovina.
Human Rights Literature Review

Belarus

Journal East European Yearbook on Human Rights, Issue 1 2020
Authors E. Konnova and P. Marshyn
Author's information

E. Konnova
Head of the Chair of International Law of Belarusian State University, Director of Human Rights Center based at the Faculty of International Relations of Belarusian State University, PhD (international law).

P. Marshyn
PhD student at the Chair of International Law of Belarusian State University, LLM (law). Justice of Belarus, available at: https://justbel.info/pages/about-us (last accessed 26 July 2020).
Article

Patience, Ladies

Gender-Sensitive Parliamentary Responses in a Time of Crisis

Journal European Journal of Law Reform, Issue 4 2020
Keywords gender sensitivity, parliament, responsiveness, COVID-19, democracy, women
Authors Sonia Palmieri and Sarah Childs
AbstractAuthor's information

    In early 2020, in the face of the Covid-19 pandemic, numerous parliaments played their rightful democratic role by following the advice of health and economic experts and swiftly passing emergency legislation and relief packages. This was, in many countries, an attempt to reach an equilibrium between saving lives and saving economic livelihoods, on the understanding that both were in serious jeopardy. In the face of public health measures many parliaments also found themselves having to reform their own rules, procedures and practices. In both cases – policy interventions and institutional redesign – it appears that parliamentary responses to the Covid-19 situation were less commonly based on the advice of gender experts or informed by considerations of gender inequalities. Few, if any, emergency packages were designed following a systematic consideration of existing, deeply entrenched gender inequalities, despite continuous public analysis and commentary about the disproportionate gender impacts of the pandemic and the resulting lockdowns; and no parliaments instituted (temporary) rule changes that prioritized the voices of women parliamentarians or constituents. In this article, which draws on our work drafting the UN Women Covid-19 Parliamentary Primer & Checklist, we revisit the democratic case for gender-sensitive parliaments, highlighting their particular relevance to the 2020 pandemic. We introduce our model for gender-sensitive crisis responses across four key stages of the parliamentary process presented in the Primer – representation, deliberation, legislation and scrutiny – and offer an initial assessment of what transpired in the world’s parliaments based on an IPU survey. We suggest that if parliaments are to be gender-sensitive institutions in times of crisis, they must not only change how they do politics but also develop and sustain a robust political culture that values gender equality and an ethic of caring that supports new rules, procedures and practices that better redress institutional gender deficiencies.


Sonia Palmieri
Sonia Palmieri, Australian National University.

Sarah Childs
Sarah Childs, Royal Holloway, University of London.
Article

Charting a Human Rights Framework for Outer Space Settlements

Journal International Institute of Space Law, Issue 2 2020
Keywords rule of law, human rights, governance, sustainability, space law
Authors Jonathan Lim
AbstractAuthor's information

    The advancing commercialization and democratization of access to space requires a reconceptualization of the foundational principles and values offered by international human rights law (IHRL) to the specific technical, physiological, and legal challenges of outer space. The notion of human rights seeks to establish and safeguard the dignity and value of every human being – it is inherent, broad, and aims to promote tolerance, equality and respect in reducing conflict across diverse and isolated human communities. Technological advancements have given rise to novel and unanticipated human rights concerns in an era where the development of the law lags behind technology. Human rights offer a multitude of benefits conducive to the advancement of prolonged human habitation and activities in outer space. Determining what novel fundamental human rights are required in the context of space requires and understanding premised upon human dignity, respect, and fairness – as underpinned by their relation to human health, safety, wellbeing, and dignity.


Jonathan Lim
Jonathan Lim, Jus Ad Astra.
Article

‘For All Moonkind’

Legal Issues of Human Settlements on the Moon: Jurisdiction, Freedom and Inclusiveness

Journal International Institute of Space Law, Issue 2 2020
Keywords settlements, moon, jurisdiction, freedom, inclusiveness
Authors Frans G. von der Dunk
AbstractAuthor's information

    After a long period of subdued interests in the Earth’s single celestial companion, plans to send humankind back to the Moon are hatched in abundance again, and one major difference is that this time many of those plans focus on remaining there and ultimately build semi-permanent or even permanent habitats. This obviously raises a number of issues that the short visits to the Moon by humankind so far, manned as well as unmanned, did not raise. Most fundamentally, the absence of exercise of jurisdiction on a territorial basis (as per Article II of the Outer Space Treaty) may no longer be sufficient to guarantee the baseline freedom of exploration and use (as per Article I of the Outer Space Treaty). Questions now arise as to how far the quasi-territorial jurisdiction over registered space objects (as per Article VIII of the Outer Space Treaty) can continue to exclude access to such space objects once transformed to or included in permanent habitats on the Moon in spite of the requisite free access to all areas as well as all stations and installations there (as per Articles I and XII of the Outer Space Treaty) and the similarly foundational understanding that activities on the Moon should be for the benefit and in the interests of all countries (as per Article I of the Outer Space Treaty). At what point would (hu)mankind settling on the Moon effectively become ‘Moonkind’, and what changes would, or should, that give rise to? These are the overarching questions the present paper will tackle.


Frans G. von der Dunk
Frans G. von der Dunk, University of Nebraska-Lincoln, College of Law, Space, Cyber and Telecommunications Law Program. No affiliation whatsoever exists between the author and the organization ‘For All Moonkind’; this paper does in no way represent or reflect the aims or opinions of that organization; and neither the title nor the contents of the paper are in any way intended to serve as endorsements of, interference with or otherwise result in harm to the mission of that organization.
Article

Leiden LL.M. Students and the Legal and Policy Aspects of Space Resource Utilization

Journal International Institute of Space Law, Issue 7 2020
Keywords space resource utilization, The Hague Working Group, Building Blocks, IIASL, students
Authors Scott Schneider, Aniela Barug, Wataru Inagaki e.a.
AbstractAuthor's information

    The International Institute of Air and Space Law (“IIASL”) at Leiden University in the Netherlands has offered its Master of Advanced Studies in Air and Space Law since 2000. Each year, students from all over the world join this program and engage in an intense year of studies as a highly diverse group in terms of geography, gender, age and background. Legal and policy aspects of space resource utilization (“SRU”) forms a prominent part of the teaching program and is run during several consecutive days of teaching activities. After students receive an introductory overview of scientific aspects of SRU, an in-depth overview of relevant provisions of the 1967 Outer Space Treaty and the 1979 Moon Agreement is provided. The Hague International Space Resource Governance Working Group and the 20 ‘Building Blocks’ it adopted in November 2019 is also discussed. Finally, an interactive class exercise is held, whereby three groups of students debate several questions from different perspectives before reporting to the full class. Because students are encouraged to take on the perspectives of various stakeholders, interesting and original views are presented and offer a useful contribution to the international debate on SRU. In this paper, the staff and students of the IIASL explain and assess the interactive and multi-faceted educational method used. The student’s approaches to the questions are outlined and the outcome of their discussions are presented.


Scott Schneider
Scott Schneider, International Institute of Air and Space Law, Leiden University, the Netherlands.

Aniela Barug
Aniela Barug, International Institute of Air and Space Law, Leiden University, the Netherlands.

Wataru Inagaki
Wataru Inagaki, International Institute of Air and Space Law, Leiden University, the Netherlands.

Tanja Masson-Zwaan
Tanja Masson-Zwaan, International Institute of Air and Space Law, Leiden University, the Netherlands.

Dimitra Stefoudi
Dimitra Stefoudi, Leiden University, the Netherlands.
Article

Access_open Can Non-discrimination Law Change Hearts and Minds?

Journal Erasmus Law Review, Issue 3 2020
Keywords law and society, social change, discrimination, non-discrimination law, positive action
Authors Anita Böcker
AbstractAuthor's information

    A question that has preoccupied sociolegal scholars for ages is whether law can change ‘hearts and minds’. This article explores whether non-discrimination law can create social change, and, more particularly, whether it can change attitudes and beliefs as well as external behaviour. The first part examines how sociolegal scholars have theorised about the possibility and desirability of using law as an instrument of social change. The second part discusses the findings of empirical research on the social working of various types of non-discrimination law. What conclusions can be drawn about the ability of non-discrimination law to create social change? What factors influence this ability? And can non-discrimination law change people’s hearts and minds as well as their behaviour? The research literature does not provide an unequivocal answer to the latter question. However, the overall picture emerging from the sociolegal literature is that law is generally more likely to bring about changes in external behaviour and that it can influence attitudes and beliefs only indirectly, by altering the situations in which attitudes and opinions are formed.


Anita Böcker
Anita Böcker is associate professor of Sociology of Law at Radboud University, Nijmegen.
Article

Access_open Positive State Obligations under European Law: A Tool for Achieving Substantive Equality for Sexual Minorities in Europe

Journal Erasmus Law Review, Issue 3 2020
Keywords Positive obligations, sexual minorities, sexual orientation, European law, human rights
Authors Alina Tryfonidou
AbstractAuthor's information

    This article seeks to examine the development of positive obligations under European law in the specific context of the rights of sexual minorities. It is clear that the law should respect and protect all sexualities and diverse intimate relationships without discrimination, and for this purpose it needs to ensure that sexual minorities can not only be free from state interference when expressing their sexuality in private, but that they should be given the right to express their sexuality in public and to have their intimate relationships legally recognised. In addition, sexual minorities should be protected from the actions of other individuals, when these violate their legal and fundamental human rights. Accordingly, in addition to negative obligations, European law must impose positive obligations towards sexual minorities in order to achieve substantive equality for them. The article explains that, to date, European law has imposed a number of such positive obligations; nonetheless, there is definitely scope for more. It is suggested that European law should not wait for hearts and minds to change before imposing additional positive obligations, especially since this gives the impression that the EU and the European Court of Human Rights (ECtHR) are condoning or disregarding persistent discrimination against sexual minorities.


Alina Tryfonidou
Alina Tryfonidou is Professor of Law, University of Reading.
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