Discrimination, Equality and Social Inclusion

Although laws against discrimination have conventionally been justified and articulated according to various conceptions of equality, tensions between different notions of equality undermine the coherence of these explanations. The aim of social inclusion is proposed as part of an alternative justification for discrimination laws. As well as exploring the meaning and implications of the policy of social inclusion for discrimination laws, the extent to which the law already embodies this idea is assessed with particular reference to the scope of anti-discrimination laws, proof of discrimination, justification defences, and positive discrimination. It is concluded that the goal of social inclusion has the potential to provide a vital ingredient in a more coherent, though not uncritical, account of the aims of anti-discrimination legislation.     

Environmental Rights for the Future? Intergenerational Equity in the EU

Courts, commentators and legislators in Europe and around the world have now recognized that environmental degradation may constitute a violation of human rights. While the human rights model may be effective in addressing the environmental interests of existing human beings, there is a pressing need for a legal doctrine that effectively addresses the environmental rights of the future. Although the EU has actively embraced the sustainable development model and its recognition of the environmental needs of future generations, it has failed to embrace the correlative doctrine of intergenerational equity – a detailed, specific and pragmatic legal framework for global and domestic environmental governance. This article assesses EU environmental law and policy against the requirements of the doctrine of intergenerational equity and concludes that the EU's sustainable development model is inadequate from the perspective of future generations. The recommendation is made that the EU adopt intergenerational equity as a necessary corollary to sustainable development.