6 Int'l J. Discrimination & L. 1 (2003-2005)

handle is hein.journals/ijdisclw6 and id is 1 raw text is: 







International Journal of Discrimination and the Law, 2003, Vol. 6, pp. 1-2
1358-2291/2003 $10
 2003 A B Academic Publishers. Printed in Great Britain

EDITORIAL

A number of recent developments in anti-discrimination law in
Europe are considered in this issue. Siobhan McInemey examines
recent developments in European Union law to combat racism and
xenophobia, which, she argues, are timely in the current social and
political context. She considers first Article 13 EC enacted by the
Treaty of Amsterdam, which has been seen as heralding a new era
for the protection of fundamental rights under EU law, but is merely
an enabling provision, rather than imposing a duty to introduce anti-
discrimination measures. The new Race Directive, embodying the
principle of equal treatment regardless of ethnic or racial origin, was
one of the first measures to emerge under Article 13. It recognises
the key role of the EU in redressing the disadvantages of ethnic
minorities. But while it contextualises the context of discrimination
and supports a strong substantive understanding of equality, it has
limited jurisdictional applicability. What is needed, McInerney
argues, is a comprehensive and general provision of mandatory
applicability in relation to the state, individuals and to the EU itself.
McInerney also reviews the new Charter on Fundamental Rights.
Taken together these developments constitute a promising start, but it
is argued, fail to establish a generally applicable norm of equality
which can protect all minorities.
     Joan Small considers the problems with Article 14 of the Euro-
pean Convention on Human Rights and the reasons for its limited
success, including the fact that is not free standing, so that other Art-
icles of the Convention need to be engaged, and also because of
problems with the Court's interpretation which have weakened its
effect. Small considers the implications of Protocol 12 which, if rati-
fied, would overcome this problem while also focusing on positive
measures, but there is considerable resistance to its ratification. Small
also reviews recent promising developments in the Court's jurispru-
dence, which suggest greater willingness to deal with claims of dis-
crimination than in the past.
     Hay and Middlemiss reflect on the lack of adequate legal protec-
tion in the United Kingdom for employees adversely affected by
employers' appearance codes and compare the UK with the United
States. The authors offer a critique of current legal rules in the UK
and the US that seek to prevent employers imposing restrictive or
discriminatory appearance standards on their employees. In both the
US and the UK considerable weight is given to managerial preroga-
tives and there is a similar reluctance to interfere but in the US, as

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