Paper Titles & Abstracts
Challenges of the Modern Anti-discrimination Law - Light at the End of the Tunnel?
Snjezana Vasiljevic, University of Zagreb
The modern anti-discrimination law is facing a crisis of their own methodological and conceptual understanding, and there is the challenge of the application before the national courts. This comparative review of anti-discrimination legislation is devoted to the analysis of the transformation of anti-discrimination norms from the U.S. legal system by the European anti-discrimination framework in the national legal system. In Croatia, the first anti-discrimination standards were adopted at the beginning of the last decade, however, to date the application have not produced significant results. Given that "significant results" of the implementation of anti-discrimination norms are absent, it could be a contrario conclusion that discrimination in the Croatian society does not exist. But is this really so?I will start with an analysis of the European legal framework which is the foundation of the national anti-discrimination law. Having in mind that anti-discrimination law emanates from the American system, it is necessary to compare both models and outline their advantages and disadvantages in a comparative analysis which will be addressed in the second part of this paper. Given that discrimination is a comprehensive term that is defined by a dispersion of various legal acts and systematically different in the different normative frameworks, the limitations of this analysis come from the fact that it is impossible in one place and with a limited number of scientific methods to analyze such a broad and deep problem such as discrimination. Therefore I will focus on a general analysis of the European, American and Croatian normative framework. Finally, I will show how the transformation of anti-discrimination legal norms from the U.S. over the European legal system ended in the Croatian legal framework.
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