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Positiv särbehandling- att bota diskriminering med diskriminering

Matti, Helene LU (2011) HARH16 20112
Department of Business Law
Abstract
In this thesis, different applications and definitions of affirmative action have been investigated and straightened out. The thesis also aims to clarify in what way EU legislation and case law affects the scope of the exemption rule of equal treatment and application of affirmative action. This has been carried out with the help of legal sources including the EU practices and Swedish case law. There have also been arguments and discussions about when it is considered justified using the derogation from equal treatment. In addition different perspectives and ideological perspectives on affirmative action have been applied. The thesis only focuses on affirmative action in employment and the grounds of gender. Furthermore, the thesis is... (More)
In this thesis, different applications and definitions of affirmative action have been investigated and straightened out. The thesis also aims to clarify in what way EU legislation and case law affects the scope of the exemption rule of equal treatment and application of affirmative action. This has been carried out with the help of legal sources including the EU practices and Swedish case law. There have also been arguments and discussions about when it is considered justified using the derogation from equal treatment. In addition different perspectives and ideological perspectives on affirmative action have been applied. The thesis only focuses on affirmative action in employment and the grounds of gender. Furthermore, the thesis is based on a traditional legal method. However, there has been additional material to the legal sources to give the thesis an abstract and ideological dimension. From the thesis it became apparent that the scope of the exemption rule of equal treatment is governed by EU legislation and case law. The EU criteria were: equal or almost equal merit, a selection system cannot be unconditional or automatic, the assessment of the applicants has to be objective, based on clear merit and on personal circumstances. Finally, the action has to be proportional to its purpose. It is apparent that an application of quotas is not permitted according to the EU criteria. (Less)
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author
Matti, Helene LU
supervisor
organization
course
HARH16 20112
year
type
M2 - Bachelor Degree
subject
language
Swedish
id
2204351
date added to LUP
2011-11-15 10:04:41
date last changed
2011-11-15 10:04:41
@misc{2204351,
  abstract     = {In this thesis, different applications and definitions of affirmative action have been investigated and straightened out. The thesis also aims to clarify in what way EU legislation and case law affects the scope of the exemption rule of equal treatment and application of affirmative action.  This has been carried out with the help of legal sources including the EU practices and Swedish case law. There have also been arguments and discussions about when it is considered justified using the derogation from equal treatment. In addition different perspectives and ideological perspectives on affirmative action have been applied. The thesis only focuses on affirmative action in employment and the grounds of gender. Furthermore, the thesis is based on a traditional legal method. However, there has been additional material to the legal sources to give the thesis an abstract and ideological dimension. From the thesis it became apparent that the scope of the exemption rule of equal treatment is governed by EU legislation and case law.  The EU criteria were: equal or almost equal merit, a selection system cannot be unconditional or automatic, the assessment of the applicants has to be objective, based on clear merit and on personal circumstances. Finally, the action has to be proportional to its purpose.  It is apparent that an application of quotas is not permitted according to the EU criteria.},
  author       = {Matti, Helene},
  language     = {swe},
  note         = {Student Paper},
  title        = {Positiv särbehandling- att bota diskriminering med diskriminering},
  year         = {2011},
}