Abstract
Contents
Trevor G Gates and Colleen G Rodgers
Repeal of Don’t Ask Don’t Tell as a “Policy Window”: A case for the passage of the Employment Non-Discrimination Act
Paul Quinn and Paul De Hert
Self respect—A “Rawlsian Primary Good” unprotected by the European Convention on Human Rights and its lack of a coherent approach to stigmatization?
Jogchum Vrielink
‘Islamophobia’ and the law: Belgian hate speech legislation and the wilful destruction of the Koran
Emeke Chegwe
A gender critique of liberal feminism and its impact on Nigerian law
Editorial 14(1)
In this issue Trevor Gates and Colleen Rodgers assess the progress achieved on rights for lesbian, gay and bisexual (LGB) workers in the US. They note the advances made but also the persistence of discrimination against these employees. The authors argue that the repeal of Don’t Ask Don’t Tell (DADT), combined with changing attitudes towards LGB people, has opened up a window of opportunity for a federal Employment Non-Discrimination Act in the US. The background to the repeal of DADT is considered as well as the opportunities for change its repeal has opened up, using John Kingdon’s work on policy shifts.
Paul Quinn and Paul De Hert examine the issue of stigmatisation resulting from public information campaigns, particularly those relating to public health. Although stigmatisation has received considerable attention within the social sciences, it has received less attention from the courts, including the European Court of Human Rights. As a form of discrimination, stigmatisation is unusual in the extent of its impact not only on mental health but also on physical health, as individuals may avoid health care programmes because of their low expectations about how they will be received. The potential receptivity of the Strasbourg Court to the concept of stigmatisation is explored with reference to Articles 8 and 14.
Jogchum Vrielink discusses the case of Arne S. who was convicted by a Belgian court for incitement to racial hatred for publicly tearing up a Koran. He considers the problems raised by the case, including the difficulty of dealing with “Islamophobia” as racist hate speech, and the implications for free speech rights of surrendering to the heckler’s veto. The framework of relevant Belgian law is analysed, as well as the treatment of these issues by the European Court of Human Rights.
Emeke Chegwe considers the problems faced by women under Nigerian customary law and common law and explores the tensions between these sources of law and emerging ideas of constitutionalism. The role of the courts in challenging customary law from the standpoint of principles of equality expressed in the Constitution is considered. Reference is made to a range of issues, including inheritance rights and widowhood rights.