PhD success: A comparative study on the effectiveness of the EU Race Equality Directive

‘The effectiveness of the EU Race Equality Directive at national level. A comparative study of British and Spanish legislation and policies’, Sara Benedi Lahuerta
PhD success: A comparative study on the effectiveness of the EU Race Equality Directive

Sara Benedi Lahuerta

Through a comparative study between Britain and Spain, this thesis analysed whether the EU Race Equality Directive (RED), adopted in 2000, has triggered effective legislation and policies, and which factors and actors may be relevant to improve its effectiveness.

Relying on the theory of the Social Working of Law, it was argued that the RED’s potential to trigger effective regulatory strategies at national level is constrained by its underlying enforcement model, based mainly on individual litigation. In particular formal adjudication has limitations because victims bear the burden to initiate legal proceedings but, at the same time, the system deters them from doing so. Hence, the thesis suggested that a diverse network of advice-providers, an appropriate use of Alternative Dispute Resolution and equality policies developed on a consensual or participatory basis (eg through collective bargaining) can effectively supplement litigation by preventing discrimination or minimising its effects.

This thesis was supervised by Dr Oxana Golynker and former staff member, Prof Mark Bell.

Since September 2014, Sara is a Lecturer in Employment Law at the University of Southampton.

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