Equal Rights Trust

Discrimination by association prohibited in ECJ judgment

On 17 July 2008, the European Court of Justice passed judgment in the case of Coleman v. Attridge Law and Steve Law (Case C-303/06). The judgment interprets the meaning of the prohibition of direct discrimination and harassment in employment and occupation on grounds of disability pursuant to Article 2(2)(a) and Article 2(3) of Council Directive 2000/78/EC of 27 November 2000.

Substantive Equality in Canadian Supreme Court

On 27 June 2008, the Supreme Court of Canada handed down the decision in the case of R v Kapp, 2008 SCC 41. The case arose as an appeal against the federal government’s decision to enhance aboriginal involvement in commercial fishery which led to the Aboriginal Fisheries Strategy. The Strategy resulted in the issuance of a communal fishing licence to three aboriginal bands, permitting fishers designated by the bands to fish for salmon in the mouth of the Fraser River for a period of 24 hours and to sell their catch.

New multi-ground EU Directive

On Wednesday 2 July 2008 the European Commission published a Proposal for a Council Directive to implement the principle of equal treatment between persons irrespective of religion or belief, disability, age, or sexual orientation. The proposed Council Directive will build upon Council Directive 2000/78/EC (The Employment Equality Directive) and will extend the protection from discrimination for millions of people across the European Union in areas including social security, healthcare, education and access to and supply of goods and services.

European Court of Human Rights finds discrimination of Roma children in Greek education system

On 5 June 2008, the European Court of Human Rights handed down the judgment in the case of Sampanis and Others v. Greece (application no. 32526/05). Represented by the Greek Helsinki Monitor, 11 Greek nationals of Roma origin claimed discrimination in violation of Article 14 (prohibition of discrimination) in conjunction with Article 2 of Protocol No. 1 (right to education) and of Article 13 (right to an effective remedy) in respect of the treatment of their children by the educational authorities in Aspropyrgos, Greece.

South African Constitutional Court protects customary law’s development towards gender equality

On 4 June 2008, the Constitutional Court of South Africa handed down the decision in the case of Shilubana and Others v Nwamitwa (Case CCT 3/07). The case arose out of a succession dispute, following the death in 2001 of the chief of the Valoyi community in Limpopo. The eldest son of the deceased chief disputed a decision that the Royal Family adopted in December 1996 to end male primogeniture and confer chieftainship to the eldest daughter of the deceased’s brother (and predecessor in title) of the then reigning chief.

ERT urges Czech Chamber of Deputies to vote for anti-discrimination bill

On the 30th of May 2008 The Equal Rights Trust wrote to Miloslav Vlcek, Chairperson of the Chamber of Deputies of the Czech Parliament calling on him and other deputies of the Czech Parliament to adopt the Law on Equal Treatment and Legal Measures of Protection from Discrimination and Amendments to Some Laws (the anti-discrimination bill), which is scheduled to be put to the vote during the 3 June 2008 session of the Chamber.

Pages