Gender Equality under the Charter of Fundamental Rights - a new lease for positive action?

This paper, which was published as a chapter of a Festskrift for Professor Ruth Nielsen, analyses Article 23 CFREU, the new provision on gender equality. It argues that Article 23 adds to the notion of gender equality in EU law, and not only allows, but also demands positive action measures if necessary to ensure equality between women and men. The provision also demands that positive action measures are suitable to achieve their aim. This implies that the EU legislator has to adapt positive action measure to the specific needs of the sector. The paper offers a critique of the proposal to introduce women quotas in board rooms, as proposed by the EU Commission in late 2012. It argues that the Commission unimaginatively copied rules developed for the German public service into a different sector, although these rules have not proven particularly efficient even in the public service. Consequently, a proposal that is demanding, but adapted to the sector should be developed.

L’action positive est-elle efficace? Une évaluation empirique du programme pour l’équité dans l’emploi en Irlande du Nord

A description, and analysis, of an empirical investigation of the effectiveness of affirmative action in the Northern Ireland employment

David Hicks and Cathie Holden (eds.) (2007). Teaching The Global Dimension. London: Routledge, Taylor & Francis Group, 212 pages.

Teaching The Global Dimension (2007) is intended for primary and secondary teachers, pre-service teachers and educators interested in fostering global concerns in the education system. It aims at linking theory and practice and is structured as follows. Part 1, the global dimension, proposes an educational framework for understanding global concerns. Individual chapters in this section deal with some educational responses to global issues and the ways in which young people might become, in Hick’s terms, more “world-minded”. In the first two chapters, Hicks presents first, some educational responses to global issues that have emerged in recent decades, and second, an outline of the evolution of global education as a specific field. As with all the chapters in this book, most of the examples are drawn from the United Kingdom. Young people’s concerns, student teachers’ views and the teaching of controversial issues, comprise the other chapters in this section. Taken collectively, the chapters in Part 2 articulate the conceptual framework for developing, teaching and evaluating a global dimension across the curriculum. Individual chapters in this section, written by a range of authors, explore eight key concepts considered necessary to underpin appropriate learning experiences in the classroom. These are conflict, social justice, values and perceptions, sustainability, interdependence, human rights, diversity and citizenship. These chapters are engaging and well structured. Their common format consists of a succinct introduction, reference to positive action for change, and examples of recent effective classroom practice. Two chapters comprise the final section of this book and suggest different ways in which the global dimension can be achieved in the primary and the secondary classroom.

Sustaining the next generation of teacher-researchers to work for social justice

This chapter explores a research project involving teachers working with some of the most disadvantaged young people in South Australia, children growing up in poverty, in families struggling with homelessness and ill-health, in the outer southern suburbs. Additionally, there were particular children were struggling with intellectual, emotional and social difficulties which were extreme enough for them not be included in a mainstream class. The research project made two crucial interrelated moves to support teachers to tackle this tough work. First, the project had an explicit social justice agenda. We were not simply researching literacy outcomes, but literacy pedagogies for the students teachers were most worried about. And we wanted to understand how the material conditions of students’ everyday lifeworlds impacted on the working conditions of teachers’ schoolworlds. We sought to open up a discursive space where teachers could talk about poverty, violence, racism and classism in ways that would take them beyond despair and into new imaginings and positive action. Second, the project was designed to start from the urgent questions of early career teachers and to draw on the accumulated practice wisdom of their chosen mentors. Hence we designed not only a teacher-researcher community, but cross-generational networks. Our aim was to build the capacities of both generations to address long-standing educational problems in new ways that drew overtly on their different and complementary resources.

Avaliação da eficiência de wetland construído como unidade de polimento de efluente de tratamento secundário de lixiviado por lodos ativados

Uma das dificuldades a ser enfrentada na implantação de aterros sanitários é o tratamento adequado do lixiviado gerado e seu lançamento no meio ambiente dentro dos padrões estabelecidos pela legislação. O potencial poluidor do lixiviado está ligado principalmente aos altos valores de carga orgânica que promove a redução do oxigênio disponível (utilizado na degradação da matéria orgânica) em cursos dágua, prejudicando a fauna e a flora nesses meios. O objetivo do presente trabalho foi avaliar o sistema de tratamento por wetland construído como unidade de polimento do efluente secundário de uma estação de tratamento de lixiviado de aterro de resíduos sólidos urbanos na Região Metropolitana do Rio de Janeiro. Além dos parâmetros coletivos específicos e não específicos, também foram empregados o fracionamento pelo processo de separação por membranas e ensaios de toxicidade aguda. Os resultados mostram que o wetland tem uma ação positiva como unidade de polimento refletida na redução dos parâmetros turbidez (84%), DQO (19%), amônia (30%) e sólidos totais (3%) reduzindo, assim, os impactos ambientais do lançamento do lixiviado. Contudo, a qualidade do efluente final encontra-se acima dos parâmetros de referência de controle ambiental e mostra a necessidade de um efluente secundário de melhor qualidade. Os resultados mostraram também que altos valores de DQO inerte tanto no afluente (85% em média) quanto no efluente (93,5% em média) do wetland indicam que esses lixiviados apresentam natureza refratária confirmada pelos baixos valores de biodegradabilidade no afluente (20,5% em média) e no efluente (5% em média) do wetland. O fracionamento com membranas mostrou que o afluente e o efluente do wetland possuem maiores contribuições de moléculas na fração >1 kDa. Os ensaios de toxicidade com Aliivibrio fischeri mostraram que o afluente e o efluente do wetland possuem toxicidade aguda, sendo a mesma menor na faixa com moléculas menores.

Equalising opportunities for women in electoral politics in Ireland: The Views of Women Members of Parliament

This paper examines the attitudes of women political elites in Ireland toward positive action initiatives that would assist in increasing women's legislative presence. An earlier study isolated family responsibilities and lack of finance as significant barriers for Irish women wishing to enter, and stay in, political life. In addition, scholarly and policy debates on boosting women's parliamentary representation focus on manipulating electoral or party selection rules along with strategies for making a political career more compatible with women's socially determined responsibilities. This paper examines how Irish women politicians respond to various suggestions for positive action in these three arenas: combining legislative and family responsibilities, funding a political campaign and getting elected. The paper highlights the broad consensus among women politicians, irrespective of party, self-interest, or length of service, favoring certain positive action initiatives, as well as their reluctance to support other options. It also illustrates the complexity of implementing some of these reforms. In addition, the paper emphasizes how cultural expectations and values act to inhibit women's political agency.

Cinderella comes to the Ball: Article 14 and the right to non-discrimination in the ECHR

Article 14 ECHR has often been derided as a Cinderella provision, but during the last few years, this has started to change. This article examines how Article 14 has developed, and may live up to its potential as a powerful non-discrimination principle. The case law developments in relation to the “ambit” requirement in Article 14, the development of indirect discrimination case law, and the approval of positive action, all point to a more substantive conception of equality, which offers protection to disadvantaged and vulnerable groups.

Sharing Classes between Separate Schools: a mechanism for improving inter-group relations in Northern Ireland?

One manifestation of division and the history of conflict in Northern Ireland is the parallel education system that exists for Protestants and Catholics. Although recent decades have seen some advances in the promotion of integrated education, around 95% of children continue to attend schools separated on ethno-religious lines. In 2007 a programme for sharing education was established. Underpinned by intergroup contact theory, and reflecting educational priorities shared by all school sectors, the programme seeks to offer children from different denominational schools an opportunity to engage with each other on a sustained basis. In this article the authors adopt a quantitative approach to examining the impact of participation in the Sharing Education Programme on a range of outcomes (out-group attitudes, positive action tendencies and out-group trust) via, first, intergroup contact (cross-group friendships) and, second, intergroup anxiety. Their findings confirm the value of contact as a mechanism for promoting more harmonious relationships, and affirm the Sharing Education Programme as an initiative that can help promote social cohesion in a society that remains deeply divided.

Sex equality law after Kalanke and Marschall

In Marschall, the ECJ looked for the second time into the admissibility of positive action in German public services; a third reference on this issue is still pending.
Despite the Court’s positive response to the ‘women’s quota’ in Marschall, its application in Germany remains controversial. This article tries to shed some light on the specific conditions under which women’s quotas were implemented in Germany and on the different approaches to anti-discrimination, indirect discrimination law and structural discrimination, which underlie efforts to justify women’s quotas against equality standards derived from EC Law.

Second Equal Treatment Act for the commercial sector

This book analyses one of the first pieces of legislation promoted by Angela Merkel, who started her political career as a minister for women's equality under Helmut Kohl. The name of the Act, Second Equal Treatment Act, allured to the Equal Treatment Act of the 1950s which implemented the barest minimum requirements to make the German constitution's demand to guarantee equal rights for women more than a hollow formula. However, this Act, while abolishing blatant discrimination of women through statute in fields such as family law, did nothing to further substantive equality. In 1990, when Germany was reunited, women from Eastern Germany had a first hand experience what the absence of such furtherance meant under capitalism. Used to being at nor risk to fall into poverty just because they divorced, or decided to become a mother without male protection, to being in full employment and not at the mercy of payments by their husbands, women from Eastern Germany were dismissed in large numbers, and found themselves sent back to the kitchen. The first minister for women affairs from their ranks made the "2nd Equality Act", but this act did little more than the minimum required by the EEC legislation. Again, substantive equality was not addressed through German Federal legislation. This was left to some of the German states - whose competences were limited to the public services. Most of those states which did create positive action measures for women employed in the public services were governed not by Christian Democrats - but this was the theme of another book.

A discriminação em função da idade no direito do trabalho

In this thesis, we will treat the discrimination based on age, more specifically of older workers. In recent years, there was an increasing interest on the part of doctrine and jurisprudence on this subject. In fact, in a world in which you live a real economic crisis, older workers tend to have difficulties finding jobs or are targets of the discrimination based on age, at the time of hiring or during the contract. Thus, we will focus on discrimination. We will examine, first, the difference between direct and indirect discrimination, taking into account the importance of the burden of proof, then we will study the figures of positive action measures. Then, treat the legislative framework of the discrimination based on age, that is, in relation to the Labor Code and the Directive 2000/78/EC of November 27, 2000. Eventually, we will determine the cases in which they may accept the discrimination based on age. In fact, these differences in treatment based on age are justified, but must be aimed at a legitimate objective with appropriate and necessary means.