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6 Int'l J. Discrimination & L. 1 (2003-2005)

handle is hein.journals/ijdisclw6 and id is 1 raw text is: International Journal of Discrimination and the Law, 2003, Vol. 6, pp. 1-2 1358-2291/2003 $10 © 2003 A B Academic Publishers. Printed in Great Britain EDITORIAL A number of recent developments in anti-discrimination law in Europe are considered in this issue. Siobhan McInemey examines recent developments in European Union law to combat racism and xenophobia, which, she argues, are timely in the current social and political context. She considers first Article 13 EC enacted by the Treaty of Amsterdam, which has been seen as heralding a new era for the protection of fundamental rights under EU law, but is merely an enabling provision, rather than imposing a duty to introduce anti- discrimination measures. The new Race Directive, embodying the principle of equal treatment regardless of ethnic or racial origin, was one of the first measures to emerge under Article 13. It recognises the key role of the EU in redressing the disadvantages of ethnic minorities. But while it contextualises the context of discrimination and supports a strong substantive understanding of equality, it has limited jurisdictional applicability. What is needed, McInerney argues, is a comprehensive and general provision of mandatory applicability in relation to the state, individuals and to the EU itself. McInerney also reviews the new Charter on Fundamental Rights. Taken together these developments constitute a promising start, but it is argued, fail to establish a generally applicable norm of equality which can protect all minorities. Joan Small considers the problems with Article 14 of the Euro- pean Convention on Human Rights and the reasons for its limited success, including the fact that is not free standing, so that other Art- icles of the Convention need to be engaged, and also because of problems with the Court's interpretation which have weakened its effect. Small considers the implications of Protocol 12 which, if rati- fied, would overcome this problem while also focusing on positive measures, but there is considerable resistance to its ratification. Small also reviews recent promising developments in the Court's jurispru- dence, which suggest greater willingness to deal with claims of dis- crimination than in the past. Hay and Middlemiss reflect on the lack of adequate legal protec- tion in the United Kingdom for employees adversely affected by employers' appearance codes and compare the UK with the United States. The authors offer a critique of current legal rules in the UK and the US that seek to prevent employers imposing restrictive or discriminatory appearance standards on their employees. In both the US and the UK considerable weight is given to managerial preroga- tives and there is a similar reluctance to interfere but in the US, as

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