Distrust in Anti Discrimination Law? Limits to and Backlash Against Anti Discrimination Law: Comparative Perspectives
Anti Discrimination Law (ADL) is being met with challenges both internal and external in a number of countries. Internal challenges have to do with limits, difficulties and uncertainties in the actual operation of ADL. External limits have to do with the resistance and reluctance its deployment is met with. This panel wishes to foster a comparative discussion on these issues. It brings together theoretical inquiries (B. Havelkova reflects on the relationship between general equality clauses and ADL, based on Czech law – S. Hennette Vauchez revisits questions raised in the late 1950s by Hannah Arendt on the power of law in the face of prejudice and discrimination), comparative work (M. Möschel presents current resistance against ADL in a range of civil law jurisdictions – J. Suk explains current constitutional developments in the US with respect to the ERA) as well as prospective reflections (J. Ringelheim reflects on the relevance of ADL in the face of socio-economic disadvantage).