Discrimination as Stigma

A Theory of Anti-discrimination Law

Nonfiction, Reference & Language, Law, Discrimination, Labour & Employment
Cover of the book Discrimination as Stigma by Iyiola Solanke, Bloomsbury Publishing
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Author: Iyiola Solanke ISBN: 9781782256380
Publisher: Bloomsbury Publishing Publication: December 29, 2016
Imprint: Hart Publishing Language: English
Author: Iyiola Solanke
ISBN: 9781782256380
Publisher: Bloomsbury Publishing
Publication: December 29, 2016
Imprint: Hart Publishing
Language: English

This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

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This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

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