3 Int'l J. Discrimination & L. 1 (1998-1999)

handle is hein.journals/ijdisclw3 and id is 1 raw text is: 








International Journal of Discrimination and the Law, 1998, Vol. 3, pp. 1
1358-2291/98 $10
 1998 A B Academic Publishers. Printed in Great Britain

EDITORIAL

In this issue Kadriye Bakirci considers the problem of sexual harassment
in member states of the EC, the legal remedies available and the implica-
tions for key principles of EC law, including health and safety at work and
the competitiveness of undertakings, as well as the effects on victims and
employers. She examines the European Commission's Recommendation
on the protection of the dignity of women and men at work and the Code
of Practice on Sexual Harassment which treats sexual harassment as a sex
discrimination issue. Bakirci argues that using Article 11 8A the EC could
formulate a new Directive on sexual harassment. This is needed because
the Equal Treatment Directive and national sex discrimination law does
not provide redress for all forms of sexual harassment. She also
emphasises the need for the protection of dignity in legal proceedings and
the reversal of the burden of proof. The author compares relevant provi-
sions of UK and US case law and makes recommendations for the future.
     Anita Kalunta-Crumpton examines the prosecution of black
defendants in drug trafficking trials at a London Crown Court and
magistrates' court. She reviews the way racial imageries of crime and
deprivation are represented in prosecution discourse, reflecting the pop-
ular perception of black people as potential criminals. Using examples
from her fieldwork, she shows how the prosecution's claim that defend-
ants engaged in drug-trafficking for economic reasons resulted in the
reproduction of images of race, socio-economic deprivation and crime
as part of the process by which the claim was justified. This assumption
or justification, she argues, reaffirms the image of the black community
as deprived and criminally-minded.
     Martin MacEwen considers the meaning of racial grounds in
terms of definitions in the Race Relations Act 1976 and their legal and
social implications in the context of Government plans to create an
Assembly for Wales and a Scottish Parliament. He explores the question
of whether the Welsh and Scots have a national identity in terms of the
RRA, as distinct from being British. The UK definition, which includes
race, colour, nationality and ethnic or national origin, does raise
practical problems. However, as recent cases have suggested that to
discriminate against someone on the grounds of his or her being
English, Welsh or Scottish may not offend the Race Relations Act 1976,
he argues that this exclusion runs counter to the spirit of the protection
of human rights in international law and also conflicts with the com-
monsense interpretation of the legislation which has previously been
followed.

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