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Pravne razsežnosti prepovedi nadlegovanja

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Book Series: Law & Society ISBN: 9789616842105 Year: Pages: 335 DOI: 10.26530/OAPEN_620444 Language: Slovenian
Publisher: Institute for Local Self-Government and Public Procurement Maribor
Subject: Political Science
Added to DOAB on : 2015-11-09 22:01:33
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Book, written in Slovene, discusses the legal content and scope of the concept of discriminatory harassment, which is deemed to be an unlawful discrimination under modern EU non-discrimination law, in the context of implementation of provisions of relevant EU directives in legal systems of the United Kingdom and Ireland. the two most important EU non-discrimination directives, adopted under Article 13 of the Treaty Establishing the European Community (now Article 19 of the treaty on the Functioning of the European union) - Racial Equality Directive (Directive 2000/43/EC) and Employment Framework Directive (Directive 2000/78/EC) - explicity mention harassment as prohibited form of discrimination. Legal definitions contained in these two directives define harassment as discriminationdiscrimination itself. Prior to the transposition of the EU non-discrimination directives into their laws, while few member states tackled this issue either within the context of the law on equal treatment (e.g. Denmark, the United Kingdom and Ireland) or outside this context (e.g. France), that is in the framework of criminal, civil, health and safety or employment legislation. As a result of the implementation of relevant provisions of the two main non-discrimination directives (Directives 200/43/EC and 200/78/EC) a definition of harassment has been included in legislations of all EU member states. In most member states such legislative definition is a literal copy of the definition of harrasment that can be found in the Directives 2000/43/EC and 2000/78/EC. The approach to the definition of harassment that appears to be the most "generous" from the perspective of victims of discriminatory harrasment is the one that was taken by British legislator. Such legal position in respect of the prohibition of discrimination has been developed in British case law and is based on the extensive interpretation of non-discrimination laws.

Hate Speech Law

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Book Series: Routledge Studies in Contemporary Philosophy ISBN: 9780415885478 9781315714899 Year: Language: English
Publisher: Taylor & Francis Grant: Knowledge Unlatched - 102657
Subject: Philosophy
Added to DOAB on : 2019-02-12 10:19:51
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Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments.

Safe Spaces, Brave Spaces

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ISBN: 9780262037143 9780262535960 Year: Pages: 192 Language: English
Publisher: The MIT Press
Subject: Political Science --- Education --- Philosophy
Added to DOAB on : 2019-01-17 11:41:31
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How the essential democratic values of diversity and free expression can coexist on campus.Safe spaces, trigger warnings, microaggressions, the disinvitation of speakers, demands to rename campus landmarks—debate over these issues began in lecture halls and on college quads but ended up on op-ed pages in the New York Times and the Wall Street Journal, on cable news, and on social media. Some of these critiques had merit, but others took a series of cheap shots at “crybullies” who needed to be coddled and protected from the real world. Few questioned the assumption that colleges must choose between free expression and diversity. In Safe Spaces, Brave Spaces, John Palfrey argues that the essential democratic values of diversity and free expression can, and should, coexist on campus. Palfrey, currently Head of School at Phillips Academy, Andover, and formerly Professor and Vice Dean at Harvard Law School, writes that free expression and diversity are more compatible than opposed. Free expression can serve everyone—even if it has at times been dominated by white, male, Christian, heterosexual, able-bodied citizens. Diversity is about self-expression, learning from one another, and working together across differences; it can encompass academic freedom without condoning hate speech.Palfrey proposes an innovative way to support both diversity and free expression on campus: creating safe spaces and brave spaces. In safe spaces, students can explore ideas and express themselves with without feeling marginalized. In brave spaces—classrooms, lecture halls, public forums—the search for knowledge is paramount, even if some discussions may make certain students uncomfortable. The strength of our democracy, says Palfrey, depends on a commitment to upholding both diversity and free expression, especially when it is hardest to do so.

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