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The Constitutional Court is rescuing the blue-collar workers again
peer reviewed
La forme de l'opposition en procédure civile et en procédure pénale
peer reviewed
Age, an authorised ground for discrimination? critical study of the combined effects of Article 10 of the Charter of Human Rights and Freedoms and Article 15 of the Canadian Charter of Rights and Freedoms as obstacles to protection against age discrimination
The principle of non-discrimination in the context of the relations between European laws
Also perceived as an ideal, equality finds its legal incarnation in the non-discrimination principle. When examined through the European prism, it reveals its full meaning in terms of difficulties, but also of potential, for the relations between the two main European legal systems : the Council of...
Fundamental freedoms and human rights Fundamental freedoms and human rights: French and international texts
The 4th cover states: “This book contains all the texts on fundamental freedoms and human rights: declarations, constitution, international conventions, treaties, laws, decrees. Sources of fundamental freedoms and human rights. National sources: The 1789 Declaration of Human and Citizen Rights, Prea...
Equality at work: Justice and mobilisations against discrimination
Depuis vingt ans, le droit de la non-discrimination a été largement étoffé. La qualification de "discrimination" est aujourd'hui utilisée pour dénoncer de nombreuses inégalités de traitement. Mais qu'en est-il de ses usages réels ? Pourquoi et comment des individus décident-ils de dénonce...
Diversity : a study in labor law
The term "diversity" was widely used in France in the early 2000s, following the unrest in the suburbs which highlighted the existence of systemic discrimination affecting part of the population, mostly from an immigrant background and relegated to "second-class" areas without jobs or public service...
Chronic of the law on discrimination and equal treatment in employment law (July-December 2019)
We suggest that you analyse the current legislative or case law on issues of equality and discrimination in employment. If French law rigorously ensures equality between citizens, it is conceivable that paid employment is an area of election to measure the practical application of the principle. Mor...
Environmental Discrimination and the Charter’s Equality Guarantee: The Case of Drinking Water for First Nations Living on Reserves
Many First Nations communities living on reserves in Canada do not have consistent access to one of the most essential requirements for life—clean and safe drinking water. This article analyses the Charter’s equality guarantee to determine whether it offers a remedy. The analysis shows that the expe...
Access to rights and equal rights in health matters in the 2015 activity report of the defender of rights
The 2015 activity report of the Defender of Rights shows the scale of the action taken by this authority with constitutional status and numerous means of action. The report refers to a new strategic positioning that gives ‘a central place to the promotion of equality, the fight against discriminatio...
Equality / discrimination / diversity and HRM : a cross theme for an enrichment of research?
International audience Before carrying out a quick analysis of the academic corpus in Human Resources Management (HRM) in the areas of equality, discrimination and diversity (EDD), a preamble is necessary to recall the unbreakable link between law and HRM when considering equality and non-discrimina...
Which human resources practices for equality between men and women in firms?
URL des Cahiers : https://halshs.archives-ouvertes.fr/CAHIERS-MSE
Ratification of ILO maritime conventions and consideration of women’s work
through work on the Senegalese maritime labour market, various problems relating to the implementation of ILO maritime conventions for developing countries can be characterised. Women’s work cannot be considered according to an approach geared exclusively to non-discrimination in access to employmen...
Legislation between revolution and the rule of law: the case of the lustrations
In this article, Přibála looks at the decommunisation policy in the post-communist countries of Central Europe in the first half of the 1990s, drawing on the example of the Lustration Act in the Czech Republic. He began by highlighting the fundamental similarities and differences between denazificat...
Women's communities and Gender Equality
According to economic theory, access to actionable threats for women should increase their bargaining power in their negotiations with men. We show how female-only communities in medieval Belgium - known as beguinages - served to protect women and relate their presence to higher levels of gender equ...
The equality principle : mutability and impossible neutrality when facing the difference of sexes
Many political and legal discourses express today the fear that the equality principle would threaten the difference of sexes. Reforms such as the opening of marriage to same-sex couples, the fight against gender stereotypes or the facilitation of the sex reassignment procedure, generated strong rea...
Independence from gender
articulating the psychological and socio-political meaning of the concept of gender, we propose a conceptualisation of gender influence over our representations and conduct involving both ‘sex’, in terms of ‘Gender Independence’ (DIG). This conceptualisation is associated with an assessment tool con...
“Migrants”
International audience
Corporate neutrality versus non-discrimination of workers: Do France and Belgium share the same faith?
in the field of managing discrimination on grounds of religion in business, the concept of neutrality is all... but neutral. Formalised in legal language through regulations, charters and other employment contracts, convictional neutrality is a tool used by the company to formalise its policy toward...
“Non-discrimination (Principle of)”
International audience
The meeting between fundamental rights, in particular the right to equality of women and custom: the case of Vanuatu as an example of legal pluralism
As its island neighbours, Vanuatu is experiencing a situation of legal pluralism where several legal systems and systems (customary law, colonial law and state law) coexist. Relying on the traditional exegetic method of analysis, but more fundamentally on the method of feminist criticism of law, we...
The expression of one's religion or belief in the workplace
peer reviewed This article explores the way in which Belgian law deals with situations where labour law engages with the right to freedom of religion and belief and the right not to be discriminated on grounds of religion. It starts with the Belgian regime of religious freedom, protection against di...
Dual equality — fairness in the practice of regulators
The purpose of this article is to participate in numerous regulatory debates. The development of this concept has been undeniable in recent years despite its polyseaemia. It seems, however, that there is a certain consensus around it, since regulation can be regarded as a function which allows certa...
French establishments in India and Algeria (late 19th century): legal acculturation, deculturation or assimilation?
French colonial policy, starting from the Second Republic, is based on an assimilationist desire, the corollary of which is legal acculturation. However, the maintenance of the personal statutes and the resistance of French citizens of metropolitan origin limit it to the advantage of a selective ass...
Depending on “sex” or “physical appearance”? Contribution to sociology of discrimination in recruitment
Taking account of candidates’ physical appearance in the recruitment process could seem unfair and illegitimate due to its superficial, misleading and irrelevant nature (Maisonneuve and Bruchon-Schweitzer, 1999). However, since the enactment of the French Law of 16 November 2001, which states that ‘...