10 Int'l J. Discrimination & L. 1 (2009)

handle is hein.journals/ijdisclw10 and id is 1 raw text is: 






International Journal of Discrimination and the Law, 2009, Vol. 10, p. 1
1358-2291/2009 $10
C) 2009 A B Academic Publishers. Printed in Great Britain

EDITORIAL


In this issue the primary focus is on the concept of equality in
European Union law. Jane Mair examines the definition of direct
discrimination in the new EU equality provisions. Mair argues that
prior to the new equality provisions, there was more flexibility to
develop direct discrimination and the principle of equality within
ECJ jurisprudence, so although the new definition offers consistency,
it may also have the disadvantage of inflexibility. Mair also argues
that some of the problems highlighted by ECJ decisions have not
been addressed in the statutory definition, including problems with
the scope and nature of the comparative model.
     Erica Howard considers whether there is a fundamental right to
equal treatment or non-discrimination within the EU legal context,
with reference to recent jurisprudence, the Equality Directives and
the Charter of Fundamental Rights. While the principle of equality
and non discrimination is a fundamental principle of community
law, Howard argues that this does not mean that there is an inalien-
able and universal human right to non-discrimination. Given the
limited scope of the Article 13 Equality Directives and the restric-
tions relating to nationality, there are still gaps in the protection
against discrimination although there has been considerable progress
towards a fundamental right to equality.
     Sam Middlemiss reviews the issue of whether employers should
be vicariously liable for sexual harassment perpetrated by third
parties against their employees, an issue only recently decided by
the courts. Middlemiss considers whether the question has been
resolved satisfactorily in the light of recent changes in UK law on
this issue, and discusses the implications of these changes for UK
employers. As he points out, the rights provided to employees
harassed by third parties are still less favourable than the rights of
those harassed by employers, managers or colleagues.

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