About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 Int'l J. Discrimination & L. 1 (2005-2007)

handle is hein.journals/ijdisclw8 and id is 1 raw text is: International Journal of Discrimination and the Law, 2005, Vol. 8, pp. 1-6 1358-2291/2005 $10 0 2005 A B Academic Publishers. Printed in Great Britain EDITORIAL: CONSTITUTIONALISING EQUALITY This collection of articles was conceived as a way of marking the remarkable changes that have occurred in the field of anti-discrimina- tion law, policy and practice over the last few years. In their various ways the articles set out to reflect the transformation in the scope of coverage and in the mechanisms used in the attempt to combat discri- mination. Although not directly prompted by the emergent Treaty establishing a Constitution for Europe,1 the controversies generated by that process focused attention on the possibility of embedding fundamental rights into such an instrument and encouraged those who see the future of equality benefiting from a rights based discourse. Whilst the articles consider a range of topics, there are several readily recognisable common themes. For example, several of the authors identify the intersectional rather than categorical nature of discrimina- tion - a factor which is going to be increasingly important as the grounds on which discrimination is prohibited expand. Second, there is the recognition that the traditional approach to the elimination of inequality has not succeeded and that there is a need to use other methods, including mainstreaming and the imposition of positive duties. Third, it is clear that the enactment of the Human Rights Act has given an additional dimension to equality discourses but has also highlighted the problems which result from uneven, indeed, unequal, coverage of different groups. Whilst it is stating the obvious to observe that 'equality' is a problematic concept,' academics, commentators and policy makers within Europe have become familiar with the particular model of equality adopted by the European Economic Community in order, initially, to facilitate competition and free movement of workers. This model can be seen in operation in the context of sex discrimina- tion where equality was to be achieved by the equal (that is, non- discriminatory) treatment of men and women. As the drawbacks of this approach became obvious, there were attempts to ameliorate the consequences of such an unsophisticated mechanism to address the complexities of inequalities. Unfortunately, in trying to develop new strategies, the limitations of the tools available also became apparent. Whilst the concept of indirect discrimination pays lip service to the different situations of men and women (or of members within other protected groups) the rigidities of the legislative schemes - certainly as originally prescribed - had the result that its potential for ameliorating inequalities were limited.3 The problems caused by

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most