Sweden has since the membership of the European Union established a new Discrimination act and this thesis aim is to discuss if the EU could be a factor that influenced Sweden to that change. This is done through a discussion of how the EU is mentioned in the preparatory works. Preparatory works are used by the Swedish government in policy making before deciding on a new law and is to give a better understanding to the theoretical background and how the policy-making process deals with the effects of the EU policy at national level. To help explain how the EU could be an influential factor the theory of Europeanization and State-feminist theory are applied. These theories are also discussed further on the role norm entrepreneurs’ play and how they use the EU as an opportunity structure. Through the theory of Europeanization it is explained how the he EU directives have been implemented without any adoptational problems and with Sweden meeting the goals of the directives, national legislation has been developed further. Through the governmental bills, signs show that the EU can be a factor of influence in national legislation in Sweden. It has not, however, been stated that the changes of the acts to the current Discrimination act is done by effects of the European Union.

Resumé Equal treatment and non-discrimination are rules that are essential in international law, European law and national law. They are regulated in many international documents, in terms of European law, especially, in the regulations and directives. Czech Republic, as one of the member States of the European Union is obliged to ensure compliance of national law with European law. It was therefore necessary in order to ensure compliance with requirements of the EC / EU in the field of equal treatment and non-discrimination of employees that are regulated in anti-discrimination directives with our national law. This happened by adoption of Act No. 198/2009 Coll., Anti-Discrimination Act, which as a general law governing these principles. In my works I deal with treatment of these principles in the documents of international law and international organizations active in this area in the primary and secondary law of the EC/EU and also the current modification in our legal system. My work is divided into an introduction, six sections and a conclusion. The first part of my work deals with the basic concepts relevant to this area, such as equality, equal treatment, discrimination and its types, as direct or indirect, and others. In the second part I focused on the modification of the principle of equal...

This research is the exploration of the lived experience of tertiary students in Australia with the medical condition usually known as ME/CFS (Myalgic Encephalomyelitis /Chronic Fatigue Syndrome) seeking to explore issues of equity and human rights from the perspective of the Disability Discrimination Act 1992. Students feel that their difficulties are not caused just by the illness itself but by the failure of the tertiary institutions to understand the effects of this illness on them, the student, especially within the areas of accommodations and assessments. Their lived experiences are studied to ascertain if their experiences differ from those of other tertiary students. Forty participants came from every state and territory of Australia and twenty -four of Australia's universities as well as eight Technical and Further Education/Open Training Education Network (TAFE/OTEN) colleges are represented. The selection of the chosen methodology, Critical Ethnography from a Habermasian perspective, has been circumscribed by the medical condition which placed limitations on methodology and also data gathering methods. Non-structured stories, in which the participants wrote of their lived experience as students, were considered the most appropriate source of data. These were transmitted by electronic mail (with some by postal mail) to the researcher. A short questionnaire provided a participant background to the stories and was also collated for a composite overview of the participants. The stories are analysed in a number of ways: six selected stories are retold and the issues arising from these stories have been weighed against the remainder of the stories. Four intertwined themes were constructed from the issues raised in each story. Apparent infringements of the Disability Discrimination Act (1992) which impact on quality of life, human rights and equity are found. No accommodations are being made by the academic institutions for the cognitive dysfunctions and learning difficulties. Students are stigmatised and lack credibility to negotiate appropriate academic accommodations. A possible means of improving the ability of students to negotiate appropriate accommodations is explored. Finally the researcher reflects on her own involvement in the research as an 'insider' researcher.

Equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law Abstract The dissertation deals with equal treatment and prohibition of discrimination in employment relations and social security systems in Czech and European law. In the introductory section the historical context of anchoring the principle of equality into the legal regulation is outlined. The attention is paid on one hand to the social changes in the first half of the 20th century, which led to the protection of equality in Europe, and on the other to the legislative initiatives and the role of justice in the second half of the 20th century. The second part explains the concepts of equality, discrimination, employment relations and social security systems, which are the central motifs of the dissertation. It analyses how these concepts were viewed in the past, how they evolved, and in what forms and manifestations we can come across them today. The third part introduces the Czech and European legislation, which constitute the current Anti-Discrimination law. Emphasis is placed on the assessment of the Czech Anti- Discrimination Act with regard to its almost ten years of effectiveness in the Czech legal order. The author concludes that despite the facts that the protection...

The migration to Sweden has increased in the last few years and in order to diminishsegregation and unemployment among the population, it has been a prioritized matterto help the migrants to enter the Swedish labour market. Employers that set languagerequirements when recruiting can reduce the possibility for a person with a differentethnical background to obtain employment. These language requirements can beappropriate and necessary to achieve a legitimate purpose. This study aims toinvestigate in which cases the employer has the right to set a language requirementand in which circumstances setting the requirement is discriminatory on grounds ofethnicity. In order to answer the research question, a legal dogmatic method has beenused.The investigation indicates that the court judge discrimination on grounds of ethnicityvery restrictively and in some cases fails to enforce the law correctly. Employersseem to evade sanctions easily, for example by implying that the decision is based onthe applicant’s personal qualities. This could be a reason why there are only a fewcases taken to the court.

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This study investigates the interaction between freedom and limitation as applied to political expression and hate speech. The need for the limitation of hate speech, with its inherent risk of escalation into other serious crimes such as genocide, is established. The view of the South African courts is identified as pro-limitation but generally respectful of the right to freedom of expression. A lacuna in current constitutional law, common law and legislative remedies is evident and the various ways in which limitation can be effected are explored; the researcher finds for criminalisation as an effective measure to address this lacuna in hate speech regulation. The importance of complying with the international call for the criminalisation of hate speech is analysed. Insight is gained regarding what would be an effective model for criminalisation. Here lessons are taken from foreign comparatives that have successfully criminalised hate speech in the context of their cultural identity, history and social needs. Ultimately, a framework for effective hate speech criminalisation in South Africa is formulated. / Constitutional, International & Indigenous Law / LL.M