Anti-discrimination legislation in the US, Canada, South Africa and India: a comparative analysis
Summary
A new thematic report on anti-discrimination and equality laws in the US, Canada, South Africa and India has been published by the European Network of Legal Experts in the field of discrimination. This publication, authored by Sandra Fredman, compares and contrasts anti-discrimination and equality laws in those countries, giving some inspiration to future development of EU anti-discrimination laws.
Description
The study begins with a brief description of the historical and social context of each of the jurisdictions. US equality law has been fundamentally influenced by its history of slavery; Indian law by the heritage of caste; South Africa by the need to heal the wounds of apartheid; and Canada by its linguistic and First Nation minorities. Part II further details sources of equality law. Part III considers the protected characteristics or grounds in each jurisdiction whereas Parts IV and V of the report examines the material and personal scope of equality laws. Part VI provides definitions of equality as in all four jurisdictions, there has been an important recognition that equality means more than treating likes alike. Affirmation and justifications are addressed in Parts VII and VIII. Finally the conclusion briefly sketches the similarities and difference between EU law and the four jurisdictions examined in the report, focussing on sources of EU non-discrimination law, grounds, coverage, who is bound, definitions of equality including affirmative action, and justification defences. It should be noted that the report does not cover remedies, enforcement mechanisms, or equality bodies.
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