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2014 Fiscal Year Final Research Report

A comparative study of remedial measures for past discrimination

Research Project

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Project/Area Number 23730053
Research Category

Grant-in-Aid for Young Scientists (B)

Allocation TypeMulti-year Fund
Research Field Social law
Research InstitutionSophia University (2013-2014)
Shinshu University (2011-2012)

Principal Investigator

KOICHI TOMINAGA  上智大学, 法学部, 准教授 (30436498)

Project Period (FY) 2011-04-28 – 2015-03-31
Keywords差別禁止 / 過去の差別
Outline of Final Research Achievements

Anti-discrimination laws mainly deal with discriminatory actions by employer. However, discriminatory states, which are produced by past discrimination, are hard to be dealt with by anti-discrimination laws. Each country's legal system deal with these discriminatory states by (1)seeing these discriminatory state themselves as distinct discrimination, (2)seeing these discriminatory state as continuing discriminatory treatment so as to waive statutory charging periods, (3)"discriminatory impact" theory, and (4)positive action.

Free Research Field

社会法

URL: 

Published: 2016-06-03  

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