Harassment: A Silver Bullet to Tackle Institutional Discrimination, But No Panacea for all Forms of Dignity and Equality Harms
DOI:
https://doi.org/10.17356/ieejsp.v5i2.497Abstract
Using Hungarian case law, this essay first explores the singular potential in the anti-discrimination legal concept of ‘harassment’, as it is perceived under EU law, to tackle institutional discrimination. Following this, the author turns to the risks and limitations of the practical operationalization of institutional discrimination in human rights litigation, as well as the uniqueness and subsequent challenges the subjectified standards of evidence for harassment may pose for due process/fair trial, as demonstrated by harassment cases in American universities.
Downloads
Published
How to Cite
Issue
Section
License
Copyright Notice
Authors who publish with this journal agree to the following terms:
Authors retain copyright and grant the journal right of first publication, with the work three months after publication simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. This acknowledgement is not automatic, it should be asked from the editors and can usually be obtained one year after its first publication in the journal.
