Equality and Non Discrimination

La tesi presenta inizialmente il pensiero di Jacques Derrida sull'animalità. Il tema affrontato è la sovranità dell'uomo sul resto dei viventi, in particolare nei riguardi della discriminazione dell'animalità. Nei capitoli a seguire si attua un'emancipazione dell'animalità e non dall'animalità come la corrente umanista voleva. Attraverso l'ontogenesi del concetto di "umanità" viene decostruito il costrutto che sorregge la soglia che divide l'uomo dagli animali, laddove essi partecipano all'animalità in maniere differenti. L'emergenza di questa composizione dei temi trattati si erge ad azione esemplare con cui Derrida, prima di morire, ha lasciato delle tracce da seguire durante il ricevimento del premio Adorno.

It is sometimes argued that the non-therapeutic, non-consensual alteration of children’s genitals should be discussed in two separate ethical discourses: one for girls (in which such alterations should be termed ‘female genital mutilation’ or FGM), and one for boys (in which such alterations should be termed ‘male circumcision’). In this article, I call into question the moral and empirical basis for such a distinction, and argue that all children—whether female, male, or intersex—should be free from having parts of their genitals removed unless there is a pressing medical indication.

The current political climate provides fertile ground for toxic narratives that turn immigrants into convenient scapegoats. But such communities also present an enormous opportunity, and more can be done to capitalise fully on their potential. By highlighting both promising practices and shortcomings in Member State efforts to foster participation by migrants and their descendants, this report aims to encourage determined and effective action towards building a Europe that is truly inclusive, rights-based and fair.
This report examines Member States’ integration policies and action plans for promoting their participation in society, focusing on non-discrimination, education, employment, language learning and political engagement.

This work seeks to understand the realities experienced by transgender people in Brazilian society, especially within the country's armed forces. In this way, will be employed a qualitative research, based on the normative study of the Brazilian Government, which extended the
compulsory military conscription for transgender people, since carried out their changes in civil records. Despite the State's initiative, the investigation will seek answers to see if that measure, created
for the collective of trans people, really hit your goal as integrationist alternative, or if a restricted action, disguised as the affirmative. In disguise, it was, supposedly, granting only the enlistment/waiver
of transgender men, but not the actual incorporation as a military.

Age rationing is a central issue in the health care priority-setting literature, but it has become ever more salient in the light of the Covid-19 outbreak, where health authorities in several countries have given higher priority to younger over older patients. But how is age rationing different under outbreak circumstances than under normal circumstances, and what does this difference imply for ethical theories? This is the topic of this paper. The paper argues that outbreaks such as that of Covid-19 involve special circumstances that changes how age should influence our prioritization decisions, and that while this shift in circumstances poses a problem for consequentialist views such as utilitarianism and age-weighted consequentialism, contractualism is better equipped to cope with it. The paper then offers a contractualist prudential account of age rationing under outbreak circumstances.

By what process does a legal distinction that was previously accepted (whether based on sex, sexual orientation, nationality, age, or marital status) become publicly perceived as discriminatory? This question can be understood both as a research question (within the sociology of social movements or the historiography of struggles for equality) and as a question of political tactics (where it concerns the appropriate strategies for demonstrating the illegitimacy of a particular legal distinction). This paper examines the link between two points of view on the crisis affecting the justification of legal distinctions: that of sociological and historical investigation, and that of political action. By examining the historical narratives by which certain legal categories came to be contested, this paper analyzes the political chal- lenges posed by this history, focusing particularly on comparisons between contemporary demands for equality and prior demands that have now become legitimate.

This study is based in an analytic investigation about the homosexual
orientation inside the Brazilian´s society. The study with a multiple view
looks for showing the different topics that are inside the theme of homosexuality. This article focuses itself to the necessity to protect and makeeffective the Human Rights and the human sexual diversity, fighting the vulnerabilities that broke up the implementation of the same in Brazil. That way, we hope that this research could help the Brazilian society and the homosexuals to live the human sexual diversity in an equal way without discrimination.

In der Ökonomie der Zeit löst sich nach Marx alle Ökonomie auf. Dieser vagen Prämisse folgend, setzen wir uns in folgendem Beitrag mit den Ambivalenzen im Verhältnis von Arbeit und Zeit auseinander. Das neoliberale Spiel mit Freiheit und Zwang, Emanzipation und Unterwerfung steht, neben der sozialkritischen Diagnose einer Entgrenzung, Subjektivierung und Flexibilisierung von Arbeit, im Zentrum unserer Auseinandersetzung. Auf die rezenten rechtlichen, ökonomischen und politischen Implikationen der Genealogie und Transformation der Arbeitszeit – und nicht zuletzt deren Auswirkungen auf die Geschlechterverhältnisse – wollen wir theoretische und empirische Schlaglichter werfen, um aufzuzeigen, dass diese Transformation eine Form der Autonomie ins Werk setzt, die realiter Einschränkung und eine Zurichtung und Disziplinierung von Subjekten entsprechend neoliberalen Postulaten bedeutet.

In Karl Marx's economy of time, the economy itself disintegrates. Following this vague premise, this article discusses the ambivalences relating work and time. In the center of our treatise, we place the neoliberal gamble with freedom and coercion, emancipation and submission as well as the sociocritical diagnose of proliferation, subjectivisation and flexibilisation of work. Furthermore, we will cast a light on the recent legal, economical and political implications of the genealogy and transformation of working time and their effects on gender structures. Providing theoretical and empirical examples, this article will come to the conclusion that this transformation sets up a form of autonomy which leads to a restriction for and disciplining of individuals according to neoliberal postulation.

This research is based on 243 interviews conducted in various workplaces and with a wide variety of individuals in modern-day South Africa. The research analysis unearthed a number of themes within the diversity discipline, however, for the purposes of this chapter we had to pick one theme for discussion. This chapter therefore focuses on the negative psychological effects which foreign employees experience in post-Apartheid and democratic South Africa. The dominant diversity discourse has been concerned mainly from a political and policy standpoint (Liff, 1996; Dandeker and Mason, 2001). However, an evolving workplace discourse is emerging, informed by a critical post-structuralist tradition which challenges the static demographic characteristics of individuals and the positive, empowering view of individuals with different capacities – in fact, it has focused our attention on how diversity operates in organisations (Zanoni and Janssens, 2004), economic efficiency (Litvin, 2002), the nature of professions (ibid.) and broader institutional settings (de los Reyes, 2000). These discourses, it would appear, serve mainly to control less-powerful employees, such as immigrant and foreign workers, through focusing on fixed, essential group characteristics. Unfortunately, they overlook the material structure within which such discourse occurs, rendering the system static to ensuing changes in its environment.

The article attempts a comprehensive review of the human security concept in order to question its utility for both research and policy-making. It notes the term’s interdisciplinary and extensively normative content that have facilitated its evolution into a successful security discourse. On the other hand, human security’s wide appeal has as a side-effect an extended conceptual polysemy inhibiting the cumulation of knowledge and the development of a relevant theory. Absence of conceptual clarity has also complicated its policy implementation. The article attempts to break the deadlock and move the debate forward by using the work of John Gerring and Paul A. Barresi on concept formation as an organizing device.

Tanto la Corte Suprema de Argentina como la Corte Interamericana de Derechos Humanos han desarrollado una doctrina sólida sobre igualdad ante la ley. Ambas han entendido que hay diferencias entre una noción de igualdad como no arbitrariedad y una de igualdad como no subordinación, sin embargo, no parecen haberse detenido la una en la doctrina de la otra, cuando ello hubiera sido muy positivo para el desarrollo hermenéutico de la noción de igualdad en sis tema jurídico argentino y regional

Following the death of 17-year-old Leelah Alcorn, a transgender teen who committed suicide after forced “conversion therapy,” President Barack Obama called for a nationwide ban on psychotherapy aimed at changing sexual orientation or gender identity. The administration argued that because conversion therapy causes substantial psychological harm to minors, it is neither medically nor ethically appropriate. We fully agree with the President and believe that this is a step in the right direction. Of course, in addition to being unsafe as well as ethically unsound, current conversion therapy approaches aren’t actually effective at doing what they claim to do – changing sexual orientation. But we also worry that this may be a short-term legislative solution to what is really a conceptual problem. The question we ought to be asking is “what will happen if and when scientists do end up developing safe and effective technologies that can alter sexual orientation?”

Resumen: Este trabajo analiza críticamente la jurisprudencia emanada de la acción especial antidiscriminación creada por la ley N ° 20.609, identificando las tendencias y desviaciones relevan­ tes. La primera sección se focaliza en cuestiones de fondo o dogmáticas, examinando particularmente cómo los tribunales han comprendido y aplicado la noción de discriminación arbitraria. También se analiza la utilización que han hecho del derecho internacional, su aproximación a los conflictos de derechos y la eventual exigencia de un comparador. La segunda sección examina las contribuciones de la jurisprudencia sobre ciertos aspectos procesales de la acción antidiscriminación, en particular en materia de prueba, sanciones, test de arbitrariedad, legitimación pasiva y caducidad.

Abstract: This work analyses the case-law arising from the special antidiscrimination remedy created by law N ° 20.609, identifying main trends and relevant deviances. The first section deals with dogmatic or substantive issues, particularly how the courts have construed and applied the notion o f arbitrary discrimination. I t also discusses the courts' recourse to international law, their approach towards conflicts o f rights a nd their potential requirement ofa comparator. The second section examines the contributions o f this case-law on procedural issues, such as proof, punishments, arbitrariness test, standing and lapsing.

This paper deals with Bourdieu’s relations of power (linguistic market) and Fanon’s Zone of Being and non-Being. The article is based on recent ethnographic sociolinguistic research in Andalusia, south of Spain. In this paper, I explore ways in which the decapitalisation of Andalusian speakers is part of a global hierarchisation of inferiorization. In this way, the language is a marker. A group’s devalued variety of language in the linguistic market is explained as ideology of domination with historical basis. Therefore, it is not a product of features of the no-legitimate language.

Abstract
All kinds of conflicts, war and in particular the effects of the Second World War prompted the international community to develop standards that will protect the future of humanity from the disastrous effects of the dissemination of ideology based on the idea of the superiority of man over
man. One of the problems of today, not only in Europe but also in the world is discrimination based on age not only in the values around which are organized into society, expressed in the standards of constitutional and legal provisions, but also has a specific socio-economic impact. Discrimination based on age mostly affects older people. Phenomenon related to the elderly is often associated with the term “ageismu” which means discrimination based on belonging to a particular age group. Another problem is the problem of discrimination against people of unemployment and migration in order to search.It should be noted that one of the problems today in the integration of immigrants into the societies of the Member States of the European Union are cultural factors. Another problem people migrating for work is the separation from family, and thus very often leads to the breakdown of marriages. In terms of the relationship between human between immigrants and local communities lived for years and representing a majority believe there is a group of people of their own superiority against immigrants, whom they consider less intelligent or uncivilized. If immigrants are inferior to their discrimination is justified as part of the struggle for socially desirable goods such as jobs.
Extra-legal discrimination against immigrants in the EU Member States is widespread. As a result, immigrants occupy the holes of the social ladder, and do not feel full members of society. This situation poses a serious threat in the EU, as Member States will need in the future, tens of millions of immigrants in order to secure economic growth. Keep in mind that the public in the Member States of the EU are continuously getting old and many countries it is now a serious problem such as eg in Germany, the Netherlands, Belgium, etc.

Diplômées est la revue de l'Association Française des Femmes Diplômées des Universités (AFFDU). Revue scientifique à comité de rédaction, elle a pour vocation de promouvoir la recherche et la visibilité des femmes chercheuses en Europe.
"100 ans de lutte(s) pour l'égalité" est un numéro particulier. Il s'agit pour l'AFFDU de fêter son centenaire. Un siècle de luttes pour convaincre de la nécessité de l'égalité mais aussi soutenir l'éducation des femmes. Depuis sa création en 1920, l'AFFDU ne cesse d'affirmer que ce sont là deux facteurs de paix.
Cependant, fêter les 100 années passées ne suffit pas ! Nous devons aussi regarder le futur et proposer aux nouvelles générations de prendre la continuité de la lutte. Et comment fêter, les 100 ans sans appeler nos soeurs de luttes ? Ce numéro révèle ainsi le siècle écoulé en faisant le point sur les luttes passées mais cherche aussi à poser les questions du futur.

Ont participé à ce numéro : Nicole Fouché, Corinne M. Belliard, Monique Dental, Marie-Josée Salmon, Geneviève Fraisse, Jean-Michel Belorgey, Marie Claire Hamard, Catherine Guyot, Christine Villeneuve, Sylvina Boissonas, Elisabeth Nicoli, Anne Bergheim-Nègre, Isabelle Poinloup, Claude Mesmin, Françoise Thébaud, Françoise Sauvage, Cynthia Ghorra-Gobin, Catherine Philippe, Isabelle Germain, Natacha Henry, Moira Sauvage, Claudine Monteil, Sonia Bressler, Yvette Cagan, Anne-Sophie Coppin, Isabelle Mons, Martine Ségalen, Jing Xie

This article argues that Canada fails to meet its obligation under article 24 of the United Nations Convention on the Rights of Persons with Disabilities to provide students with autism with access to inclusive education. Moving beyond Canadian legislation, under which every province and territory recognises the right of all students to an inclusive education, it analyses Canada’s education system and the implementation of the goal of inclusive education. It points out the effect of five interrelated factors on the inclusiveness of the Canadian education system and its accessibility for students with autism: reductions in funding for education; the inadequacy of individual support measures and parent participation; the lack of education and training for teachers; the use of language indicative of the medical model of disability by governments; and "voluntary segregation" – the voluntary removal of children from the public education system by their parents. It concludes that Canada likely does not meet its obligations under the United Nations Convention on the Rights of Persons with Disabilities.

This is the first draft of a paper commissioned for a collection of papers on the ethics of human enhancement, edited by Steve Clarke, Julian Savulescu and others, to be published by Oxford University Press. The final version was published in: The Ethics of Human Enhancement. Understanding the Debate, eds. Steve Clarke et al, Oxford: Oxford University Press 2016, 198-210.

Invited by Auburn University to give a public lecture soon after 911, the talk traced the history of the word “equality” from the time of slave-owner Jefferson drafting the Declaration of Independence to Lincoln’s Gettysburg address, "Four score and seven years ago our fathers brought forth upon this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal" arguing for the equality of all Americans irrespective of colour.

The Quran advocates equality; only piety distinguishes one from the other: "O humanity! Indeed, We created you from a male and a female, and made you into peoples and tribes so that you may ˹get to˺ know one another. Surely the most noble of you in the sight of Allah is the most righteous among you. Allah is truly All-Knowing, All-Aware" [Quran 49:13].

Hence, the talk argued that after 911, in a unipolar world with the United States' defence spending almost half of global military expenditures,, “equality” ought to encompass Americans and non-Americans; i.e. the equality of all humankind. In other words, the mission of The U.S. Department of State that “leads America’s foreign policy through diplomacy, advocacy, and assistance by advancing the interests of the American people, their safety and economic prosperity” ought to take into account the interests of Non-Americans, their safety and economic prosperity. If not, Foreign Affairs decisions flowing from 911 were in the danger of succumbing to hubris.

Note: The text in the the poster, other than Title & Abstract, was provided by Auburn University, Alabama.

In retrospect, the talk, sponsored by the Breeden Eminent Scholar Fund and the College of Liberal Arts,  is dedicated to the memory of my host Dr. David Edwin Harrell, Jr., Daniel Breeden Eminent Scholar at Auburn University February 22, 1930 – March 15, 2021. I will always treasure his endorsement.

O presente artigo discute a não discriminação como marco conceitual, que exige a compreensão da ideia de igualdade para além da dimensão formal do igual tratamento de todos perante a lei. A não discriminação encontra-se amplamente reconhecida na normativa internacional como uma premissa de igualdade, resultando na legitimidade de tratamentos diferenciados. Assim, objetiva-se verificar de que forma se articulam os princípios da igualdade e da não discriminação como instrumentos de concretização dos direitos humanos, discutindo-se em que medida tratamentos diferenciados podem ser legítimos e tratamentos aparentemente igualitários podem ser ilegítimos. Essa reflexão parte do pressuposto de que a igualdade é uma ideia incompleta se considerada do ponto de vista meramente formal. Compreender o que seja um tratamento igualitário em face da não discriminação requer o reconhecimento da dinâmica das relações de poder, que produzem a opressão e a dominação de grupos e de indivíduos historicamente em desvantagem. Assim, promover a igualdade no acesso a direitos humanos – que são aqueles básicos e necessários para uma vida digna – passa pelo tratamento diferenciado, que só se justifica diante da consideração crítica dos fatores que desigualam e colocam indivíduos e grupos em situações de vantagem ou desvantagem na sociedade.

Cambridge University Press, 2011.

The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.

Basta de Genocidio Trans (Stop the Trans Genocide) is a report that introduces and classifies the main human rights violations against the trans women of Latin America and the Caribbean based on the information gathered in 2018 by thirteen NTROs (national transgender rights organizations) from Argentina, Belize, Bolivia, Chile, Costa Rica, Ecuador, El Salvador, Honduras, Guatemala, Mexico, Panama, Paraguay and Uruguay.

Abstract: There is frequent disagreement between Switzerland and the European Union (EU) about the prohibition of discrimination on grounds of nationality, enshrined, among other places, in article 2 of the Swiss-EU Bilateral Agreement on the Free Movement of Persons (AFMP). Difficulties stem from the multiple legal sources of the principle of non-discrimination, but also from the fact that the agreement must be interpreted following the interpretative provisions of public international law and of the agreement itself. This fosters diverging interpretations by the Swiss Federal Court and the Court of Justice of the European Union. Three examples of disagreement are those pertaining to the concepts of rights restriction, citizenship and reverse discrimination. They show that the renewal of the Swiss-EU bilateral approach will have to consider in depth the interpretation to be given to art. 2 AFMP.

Note: a copy of this book can be ordered at https://www.schulthess.com/verlag/detail/ISBN-9783725570539/Besson-Samantha-Editeur-Ziegler-Andreas-R.-Editeur/Egalite-et-non-discrimination-en-droit-international-et-europeen

Proceedings of the 16th Annual Conference organized by the Insurance Law Association of Serbia and German Foundation for International Legal Co-Operation (IRZ), entitled "Insurance law, governance and transparency: basics of the legal certainty" Palic Serbia, 17-19 April 2015.

The Equality and Human Rights Commission (EHRC) was created in 2006 with wide-ranging powers to protect human rights, promote equal opportunities and encourage mutual respect between different groups. Alongside the Commission, individuals, through the courts and sector-specific enforcers (such as ombudsmen and regulators), have also been given equality and human rights enforcement powers. Within this enforcement landscape, the Commission has struggled to craft an enforcement role for itself. For the first time, this article, through the mapping of these different actors in their shared regulatory space, outlines a role for the EHRC in equality and human rights enforcement. This role consists of three primary tasks: (1) taking action that courts and sector-specific enforcers are unable to perform; (2) overcoming some of the limitations of private enforcement in the courts; and (3) coordinating and supporting sector-specific enforcers. The article concludes by exploring how the EHRC can effectively fulfil this role.

In 2014, the Ministry of Social Welfare published a gazette notification recognising the Hijra community as the ‘Hijra gender’, which initiated the process of updating official forms and identity documents to reflect this change. However, challenges in the recognition of diverse gender identities remain, through the lack of clear definitions, inclusive gender categories in documents, and a coordinated identification process.

This policy brief analyses existing laws and policies in Bangladesh dealing with gender identity, and recommends reforms required to ensure that the process of recognition and identification is inclusive, non-discriminatory and gender sensitive, and acknowledges all diverse identities.