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16 Int'l J. Discrimination & L. 3 (2016)

handle is hein.journals/ijdisclw16 and id is 1 raw text is: IJDL International journal of Discrimination and the Law Editorial ©2016, Vol. 16(1) 3-4 @) The Author(s) 2016 Reprints and permission: sagepub.co.ul/journalsPermissions.nav DOI: 10. 1177/1358229115627516 Susan Easton jdi.sagepub.com OSAGE Editorial 16(I) In this issue, Darren O'Donovan considers the housing exclusion of the Irish Traveller/ Roma Community and how access to housing has been treated in Convention jurispru- dence. He argues that European human rights norms have struggled to address this housing inequality which raises issues in relation to socio-economic rights, multicultur- alism and indirect discrimination. O'Donovan discusses the reasons behind inadequate accommodation rates and enforcement and the role of domestic law and European Convention jurisprudence in negotiating these problems. The Irish travelling community suffers from serious socio-economic exclusion, but domestic law has failed to achieve substantive equality. Article 8 does not ensure access to housing but does demand an evaluation of needs, past state action and public interest arguments and there is an increasing burden of justification upon states. He considers the implications of the case of Winterstein v France which strengthened the protection of nomadic identity in finding the eviction in question disproportionate. The principle of proportionality demands that attention be given to the consequences of the eviction and that the eviction process be accompanied by adequate consideration of alternative accommodation. Gates and Saunders consider the use of executive orders as a progressive measure to protect human rights, focusing specifically on the order signed in 2014 which extends workplace protections to lesbian, gay, bisexual and transgender workers. The executive order is a directive issued by the President, which is the equivalent of law and does not require congressional approval. The LGBT order is useful, as federal law does not outlaw workplace discrimination based on sexual orientation and gender identity although there are also some protections at state and local level. Gates and Saunders examine the use of executive orders to advance human rights, which in the past have been used to deal with a range of issues, including slavery and racial equality matters and mental health needs. While the LGBT order is welcome, as the authors note, it does not challenge existing religious exemptions and Congress could limit its use by passing new legislation. Ultimately what is needed, they argue, is a comprehensive Employment Non-Discrimination Act which has been proposed in the past but has yet to be enacted or alternatively changes to civil rights law to protect LGBT workers. Megan Pearson considers the question of whether religion has been given a lower priority than other protected characteristics, particularly sexual orientation, under the Equality Act 2010. Whilst there is no hierarchy of rights under the Act, it has been

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