Virtual Library

The issue of racist or hate speech engages both Article 10 and Article 17 of the European Convention on Human Rights. The early admissibility decisions of the Commission, invoking Article 17 alone, or Article 10 in conjunction with Article 17, reflected a confused understanding of the relationship between the provisions. The Lehideux and Isorni vs France (1996) judgement of the European Court of Human Rights clarified that Article 17 applies only in the context of Holocaust denial and related questioning of historical facts, and as a result, racist or xenophobic speech against minorities is protected under Article 10(1) of the Convention. The article asks whether all racist speech should find protection under Article 10(1), interference being allowed only when balanced against the conditions of Article 10(2); or whether all such speech should be condemned and attacked under Article 17. The philosophical arguments and legal implications of both approaches are analysed. Finally, the desire to protect criticism of religion at the European level is explored in the context of the ‘Danish cartoons' controversy and the evolving meaning of the term ‘hate speech’.

By the time Congress passed the Family and Medical Leave Act of 1993, many employers had created maternity leave programs. Analysts argue that they did so in response to the feminization of the workforce. This study charts the spread of maternity leave policies between 1955 and 1985 in a sample of 279 organizations. Sex discrimination law played a key role in the rise of maternity leave policies. Building on neoinstitutional theory, this article explores how the separation of powers shapes employer response to law. Details of the law are often specified in administrative rulings‐the weakest link in the law because they can be overturned by the courts and by Congress. Yet an administrative ruling requiring employers with disability leave programs to permit maternity leave, which employers successfully fought in the courts, was at least as effective as the identical congressional statute that replaced it. In the American context, the legal vulnerability of administrative rulings can draw attention to them, thus making the weakest link in the law surprisingly powerful.

The so-called ‘gay age of consent’ was the most high-profile issue in UK lesbian, gay and bisexual politics during the 1990s. Campaigning for an equal age of consent provoked a series of extended public and parliamentary debates, concluding with the passage of the Sexual Offences (Amendment) Act (2000).This article analyses these debates to reveal emerging social relationships between heterosexuality and homosexuality. It is argued that age of consent debates witnessed the ascendance of a new ‘hegemony’ supporting ‘equality at 16’, constituted through the interweaving of knowledge-claims generated within the mainstream epistemologies of biomedicine, law, criminology and child welfare.The analysis integrates critical sociological perspectives on these various forms of knowledge, with reference to epistemological transformations occurring in late modernity. Particular attention focuses on claims concerning the age at which the fixity of sexual identities is established. It is argued that the debate’s structure enabled ‘equality at 16’ to be endorsed alongside the persistent operation of rationales of containment in the political mainstream, and hence that legal equality does not imply recognition of the equal value of homosexuality and heterosexuality. The implications are examined for ongoing struggles over sex offences, Section 28, and the social status of same-sex sexualities.

Between one-fifth and a third of people who are transgender have been refused treatment by a medical provider due to their gender identity. Yet, we know little about the factors that shape public opinion on this issue. We present results from a nationally representative survey experiment (N = 4,876) that examines how common justifications issued by providers for the denial of healthcare, and the race and gender identity of the person being denied care, intersect to shape public opinion concerning the acceptability of treatment refusal. We find that religious objections are viewed as less acceptable compared to a medical justification, in this case, inadequate training. However, the difference between religious objections and inadequate training is larger when the person being denied healthcare is White or Asian than when the person is Black or Latinx. Analysis of open-ended responses indicates the modest effect of doctor’s rationale on attitudes toward treatment refusal with respect to Black and Latinx patients is partially attributable to a racialized, free-market logic. Respondents were more likely to advocate for a doctor’s fundamental right to refuse service when evaluating Black and Latinx patients compared to White patients. We discuss the implications of these findings for intersectional approaches to trans studies and future public opinion research.

 In this original and trenchant work, Christina Sharpe interrogates literary, visual, cinematic, and quotidian representations of Black life that comprise what she calls the "orthography of the wake." Activating multiple registers of "wake"--the path behind a ship, keeping watch with the dead, coming to consciousness--Sharpe illustrates how Black lives are swept up and animated by the afterlives of slavery, and she delineates what survives despite such insistent violence and negation. Initiating and describing a theory and method of reading the metaphors and materiality of "the wake," "the ship," "the hold," and "the weather," Sharpe shows how the sign of the slave ship marks and haunts contemporary Black life in the diaspora and how the specter of the hold produces conditions of containment, regulation, and punishment, but also something in excess of them. In the weather, Sharpe situates anti-Blackness and white supremacy as the total climate that produces premature Black death as normative. Formulating the wake and "wake work" as sites of artistic production, resistance, consciousness, and possibility for living in diaspora, In the Wake offers a way forward.

Much of what is known about how the law operates is based on the criminal justice process. What is less understood is whether legal, extra-legal, and organizational attributes matter for non-criminal justice processes, such as discrimination and employment disputes. It is this general issue that we examine in this paper. We also incorporate how the development of the legal construct of sexual harassment affects case settlement. Our study attempts to overcome the underutilization of theoretical understandings from the sociology of law to study sexual harassment complaints. We examine 267 sexual harassment complaints against corporate respondents or employing organizations handled by the Canadian Human Rights Commission between 1978–1993 to see what factors influence whether a complaint will be dismissed or settled. Our results show that legal, extra-legal, and case processing factors matter for the resolution of complaints. We also find that the development of sexual harassment as a legal concept is central to understanding the settlement of complaints over time. Finally, we conclude that research on civil and human rights processes should incorporate insights from research on criminal justice processes.

How can we think about people and cultures unlike our own? In the early modern period, the fact of human diversity presented Europeans with little cause for anxiety: they simply assumed the superiority of the West. During the 18th century this view was gradually abandoned, as thinkers argued that other peoples possessed reason and sensibility, and thus deserved the same respect that Westerners accorded themselves. Since that time, however, Enlightenment belief in the universalities of human nature has fallen into disrepute; critics allege that such notions have had disastrous consequences in the 20th century, ranging from prejudice to persecution and outright genocide.

This book places the issue of disability squarely in a social context and considers the implications of this view for the provision of services and for social work practice. In so doing, it starts from the ways in which disabled people have re-defined disability as a social rather than an individual problem and the influence that their organizations have had on service provision. It discusses the implications of this in a variety of different settings and across the life cycle.

In this article, I build a new line of health inequality research that parallels the emerging structural racism literature. I develop theory and measurement for the concept of structural sexism and examine its relationship to health outcomes. Consistent with contemporary theories of gender as a multilevel social system, I conceptualize and measure structural sexism as systematic gender inequality at the macro level (U.S. state), meso level (marital dyad), and micro level (individual). I use U.S. state-level administrative data linked to geocoded data from the NLSY79, as well as measures of inter-spousal inequality and individual views on women’s roles as predictors of physical health outcomes in random-effects models for men and women. Results show that among women, exposure to more sexism at the macro and meso levels is associated with more chronic conditions, worse self-rated health, and worse physical functioning. Among men, macro-level structural sexism is also associated with worse health. However, greater meso-level structural sexism is associated with better health among men. At the micro level, internalized sexism is not related to physical health among either women or men. I close by outlining how future research on gender inequality and health can be furthered using a structural sexism perspective.

A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity, Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust.