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Strategic enforcement of anti-discrimination law : a new role for Australia's equality commissions

Allen, Dominique 2011, Strategic enforcement of anti-discrimination law : a new role for Australia's equality commissions, Monash University law review, pp. 1-26.

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Title Strategic enforcement of anti-discrimination law : a new role for Australia's equality commissions
Author(s) Allen, Dominique
Journal name Monash University law review
Start page 1
End page 26
Publisher Monash University, Faculty of Law
Place of publication Melbourne, Vic.
Publication date 2011-05
ISSN 0311-3140
Keyword(s) discrimination
equality
human rights commission
enforcement
Australia
United Kingdom
Ireland
United State of America
Summary In Australia, anti-discrimination law is enforced by individuals who lodge a discrimination complaint at a statutory equality commission. The equality commission is responsible for handling complaints and attempting to resolve them. In most instances, the equality commission cannot advise or assist the complainant; it must remain neutral. In other countries, the equality commission plays a role in enforcement, principally by providing complainants with assistance to resolve their complaint including funding litigation. The equality commission’s assistance function has been most effective when used strategically as part of a broader enforcement program, rather than on an ad hoc basis. This article discusses equality commission enforcement in the United States of America, Britain, Northern Ireland and Ireland and shows how the equality commissions have engaged in strategic enforcement in order to develop the law and secure remedies which benefit the wider community, not only the individual complainant. Based on their experience, it is argued that the Australian equality commissions should play a role in enforcement so that they can tackle discrimination more effectively.
Language eng
Field of Research 180114 Human Rights Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2011, Monash University, Faculty of Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30033127

Document type: Journal Article
Collections: School of Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.