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17 Int'l J. Discrimination & L. 3 (2017)

handle is hein.journals/ijdisclw17 and id is 1 raw text is: 




                                                                 IJDL

                                                                    International Journal of
                                                                 Discrimination and the Law
 Editorial                                                             2017 Vol. 17()3
                                                                   @) The Author(s) 2017
                                                                   Reprints and permission:
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                                                            DOI: 10.1177/1358229117704524
Susan Easton                                                  journals.sagepub.com/home/di
                                                                         sSAGE


Editorial 17(I)
In this issue the focus is primarily on the jurisprudence of Article 14 of the European
Convention. Henrik Palmer  Olsen and Aysel Kiiksu   consider how contemporary  data
technology can be used to analyse case law in a more comprehensive  way  than tradi-
tional readings used in doctrinal analysis and leading textbooks. The paper discusses the
merits of citation network analysis and applies this approach to European Convention
jurisprudence by considering the case law on Article 14, on the prohibition of discrim-
ination. They argue that citation network analysis gives a more complete mapping of
legal interpretation and may be more efficient than traditional doctrinal approaches in
finding the connections between cases and identifying pattern. They focus on cases on
the Article 14 plus Article 2 network between 1998 and 2014 and discover key patterns
which  show both how  the law developed and is likely to progress in the future.
   Paul Quinn also focuses on Article 14 jurisprudence in the context of a discussion of
ways  of reducing the stigmatisation of vulnerable minority groups. He argues that some
anti-discrimination approaches are not able to deal with expressive activity which is
stigmatising. So far the Strasbourg Court has not found an expressive act to be discri-
minatory under Article 14 in the absence of 'treatment', although, as he notes, the court's
recent sympathetic approach  to indirect discrimination may offer more scope to deal
with this. However, Quinn sees more  potential for including expressive activity in the
anti-discrimination approach of the EU Equality Directives. The implications for free-
dom  of expression of the inclusion of stigmatising expression in anti-discrimination law
are also discussed.
   Taking  a different direction, Taiwo Ajala considers gender discrimination in land
ownership  in Nigeria and argues that improving women's access to land would contrib-
ute to the alleviation of women's poverty. Gender discrimination in favour of men has
made  it difficult for women to own or control wealth and other economic resources. Land
redistribution reform would address the issue of discrimination and give women eco-
nomic  empowerment.  The  fact that land is concentrated in male ownership has contrib-
uted to the pervasive poverty of women in Nigeria. Equitable ownership would promote
women's  empowerment   and their capacity to transcend poverty. As small-scale farming
is also more productive than large-scale farming, so giving women plots of land would
go some  way  towards its alleviation. Any redistributive land reform programme, she
argues, has to meet the objectives of equity, equality and productivity.

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