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Discrimination Law Discrimination Law Newsletter of the International Bar Association Legal Practice Division VOLUME 14 NUMBER 2 DECEMBER 2010 Long established as the trading and commercial hub of the Middle East, Dubai combines the excitement of a bustling commercial centre with the wide open spaces of a luxurious resort. Located at the cross-roads of Asia, Europe and Africa, and offering facilities of the highest international standards combined with the charm and adventure of Arabia, Dubai is sure to be another premier destination for the IBA Annual Conference 2011. What will Dubai 2011 offer? • The largest gathering of the international legal community in the world – a meeting place of more than 4,000 lawyers and legal professionals from around the world • More than 200 working sessions covering all areas of practice relevant to international legal practitioners • The opportunity to generate new business with the leading firms in the world’s key cities • Registration fee which entitles you to attend as many working sessions throughout the week as you wish • Up to 25 hours of continuing legal education and continuing professional development • A variety of social functions providing ample opportunity to network and see the city’s key sights • Integrated guest programme • Excursion and tours programme To register your interest, please contact: International Bar Association 10th Floor, 1 Stephen Street, London W1T 1AT, United Kingdom Tel: +44 (0)20 7691 6868 Fax: +44 (0)20 7691 6544 www.ibanet.org/conferences/Dubai2011 In this issue Newsletter Editors From the Chair 4 Donald Dowling, Jr White & case LLP, New York Committee Officers 5 Tel: +1 (212) 819 8665 Feature articles Fax: +1 (212) 354 8113 [email protected] Gender discrimination in Argentina Iván Suárez María Alexia Aurelio 6 bufete Suárez de Vivero SL, barcelona Implementing CSR in an HR legal context Tel: +34 (93) 295 6000 Jeppe Høyer Jørgensen 9 Fax: +34 (93) 295 6001 [email protected] Is equal treatment regarding religion possible in the workplace in France? Anne-Laure Peries 12 International Bar Association 10th Floor, 1 Stephen Street Religious tolerance and constitutional rights in London W1T 1AT, United Kingdom Germany exemplified by the headscarf ban in state schools Tel: +44 (0)20 7691 6868 Kara Preedy and Feyzan Ünsal 14 Fax: +44 (0)20 7691 6564 www.ibanet.org It doesn’t matter whether you are employing a © International Bar Association 2010. man or a woman – protection for transgender All rights reserved. No part of this publication may be reproduced or employees transmitted in any form or by any means, or stored in any retrieval Susan Stelzner 16 system of any nature without the prior permission of the copyright holder. Application for permission should be made to the Head of Publications at the IBA address. Sex workers win some unfair dismissal rights from South African Labour Appeal Court Stuart Harrison 17 This newsletter is intended to provide general information Recruitment issues for UK-based employers regarding recent developments in discrimination law. Keith Corkan 18 The views expressed are not necessarily those of the International Bar Association. The UK Equality Act – an update Bettina Bender 20 Terms and Conditions for submission of articles 1. Articles for inclusion in the newsletter should be sent to the Newsletter Editor. 2. The article must be the original work of the author, must not have been previously published, and must not currently be under consideration by another journal. If it contains material which is someone else’s copyright, the unrestricted permission of the copyright owner must be obtained and evidence of this submitted with the article and the material should be clearly identified and acknowledged within the text. The article shall not, to the best of the author’s knowledge, contain anything which is libellous, illegal, or infringes anyone’s copyright or other rights. 3. copyright shall be assigned to the IbA and the IbA will have the exclusive right to first publication, both to reproduce and/or distribute an article (including the abstract) ourselves throughout the world in printed, electronic or any other medium, and to authorise others (including Reproduction Rights Organisations such as the Copyright Licensing Agency and the Copyright clearance Center) to do the same. Following first publication, such publishing rights shall be non-exclusive, except that publication in another journal will require permission from and acknowledgment of the IbA. Such permission may be obtained from the Head of Editorial Content at [email protected]. 4. The rights of the author will be respected, the name of the author will always be clearly associated with the article and, except for necessary editorial changes, no substantial alteration to the article will be made without consulting the author. DISCRiminaTION LAW COmmiTTee NEWSLETTER DEcember 2010 3 FROM THE CHAIR Dirk Jan Rutgers DLA Piper, Amsterdam A look back at Vancouver dirkjan.rutgers@ dlapiper.com hat a wonderful IBA Annual Both the Discrimination Law and Conference we had in Employment and Industrial Relations Law Vancouver! The hospitality of Committees are currently working on the Wthe city was overwhelming and stand-alone conference in Brussels, 14-15 the conference programme of sessions was April 2011: ‘The changing world of work: more than worth the trip. The Discrimination responding to the challenges of the 21st Law Committee had a fair share in the event century from a global and EU perspective.’ and I would like to thank all who contributed The keynote speaker is Herman van Rompuy, to its success. During the Conference there President of the European Council. The full were sessions discussing health and safety in conference programme will be published the workplace and employment and privacy shortly – we hope you will join us there. issues in the hospitality industry. We also I am proud to introduce this newsletter to discussed how the application of human you. Our newsletter editors, Donald Dowling rights law in domestic courts took us to and Iván Suárez, have done a superb job the heart of what we would like to achieve: by bringing together so many interesting how can we bring international human law articles and topics. You will find, among standards work? The session about state- others, an article about gender discrimination sanctioned crimes against lesbian, gay, in Argentina; and sex discrimination in bisexual and transgender (LGBT) persons South Africa. But also don’t miss the articles strengthened over the firm belief that the IBA on freedom of religion in France and should continue to play a role in this area of recruitment and the Equality Act in the UK. great importance. The second meeting we Finally, I’m pleased to introduce two new had with the LGBT Working Group, under officers to our committee from 1 January the leadership of Ramyar Moghadassi, was 2011. Phil Berkowitz has accepted the role of promising; the idea is to further strengthen Newsletter Editor and Liaison Officer for the this working group to create a stand-alone North American Regional Forum, and Anthony subcommittee in the near future. The LGBT Hyams-Parish will become our new Membership party, held in the J-Lounge with late night Officer. We offer a warm welcome to them drinks and music, is something special both. Among the other appointments, I would to remember; everyone had a wonderful like to mention the following three. First of all, evening, not just because we had a lively Ignacio Funes de Rioja will join Cherie Booth as Lady Gaga tribute act! I would like to thank a Senior Vice-Chair. Ignacio has been a driving all the sponsors, and the great support of and inspiring force within our committee for the IBA which made this possible. You will many years. David Lowe and Susan Stelzer will understand that it will be difficult to repeat become the new Committee Co-Chairs. Both such an expression of freedom at the 2011 David and Susan are excellent lawyers and IBA Annual Conference in Dubai, but at fine colleagues. They have done so much to least we have this and other issues for debate. strengthen the work of our Committee in recent A final word on Vancouver; it was good to years, that I am in no doubt the leadership of meet colleagues at the joint dinner with the the Committee could not be in better hands. Employment and Industrial Relations Law This means that my time has come to step down Committee. This event, in the wonderful as Chair. Thank you all for your support. Bridges Restaurant, reconfirmed the strong Happy holidays and all the best for 2011. ties between our committees. I hope to see you all in Brussels. 4 International Bar Association LEgal Practice Division COMMITTEE OFFICERS Committee Officers Chair Corporate Counsel Forum Liaison Officer Dirk Jan Rutgers DLA Piper, Amsterdam Regina Glaser Tel: +31 (20) 541 9829 Heuking Kühn Lüer Wojtek, Düsseldorf Fax: +31 (20) 541 9953 Tel: +49 (211) 6005 5276 [email protected] Fax: +49 (211) 6005 5270 [email protected] Senior Vice-Chair Membership Officer Susan Stelzner Amit Bhasin Edward Nathan Sonnenbergs, Law Offices of Bhasin and cape Town bhasin Associates, New Delhi Tel: +27 (21) 410 2560 Tel: +91 (11) 4164 2189 Fax: +27 (21) 410 2555 Fax: +91 (11) 4164 0722 [email protected] [email protected] Vice-Chairs Newsletter Editors Cherie Booth QC Donald Dowling, Jr Matrix chambers, London White & case LLP, New York Tel: +44 (0)20 7404 3447 Tel: +1 (212) 819 8665 Fax: +44 (0)20 7404 3448 Fax: +1 (212) 354 8113 [email protected] [email protected] Ignacio Funes de Rioja Iván Suárez Funes de Rioja & Asociados, bufete Suárez de Vivero SL, buenos Aires barcelona Tel: +54 (11) 4348 4100 Tel: +34 (93) 295 6000 [email protected] Fax: +34 (93) 295 6001 [email protected] David A Lowe Website Officer Rudy Exelrod, Zieff & Lowe LLP, Anders Etgen Reitz San Francisco Magnusson, copenhagen Tel: +1 (415) 434 9800 Tel: +45 8251 5109 Fax: +1 (415) 434 0513 Fax: +45 8251 5101 [email protected] anders.etgen.reitz@magnussonlaw.
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