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Positive or Aff Irmative Action

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Chapter Summary

The question of equality between persons that are not equal for all purposes is thorny, especially in our times when the principle of non-discrimination has been extended to include not only the classic grounds of sex and race, but also disability, age and sex orientation. Positive action empowers the victim of discrimination. Neither the International Labour Organization (ILO) standards nor European Union (EU) law have advocated affirmative action and quotas. Badeck v. Land Hessen 2000 gave the ECJ the opportunity to examine the validity of another model of German affirmative action legislation. The Badeck case can serve as a leading precedent for future affirmative action with flexible quotas that are compatible with Community Law. The rulings of the Court have clarified the issue of positive action under EU Law. The measures of empowerment of women are within the competence of the Member States.

Keywords: affirmative action; European Union (EU) case law; European Union (EU) legislation; international labour organization (ILO) standards



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