Harassment: A Silver Bullet to Tackle Institutional Discrimination, But No Panacea for all Forms of Dignity and Equality Harms

  • András László Pap Centre for Social Sciences, Hungarian Academy of Sciences; Faculty of Law Enforcement, National University of Public Service

Abstract

Using Hungarian case law, this essay first explores the singular potential in the anti-discrimination legal concept of ‘harassment’, as it is perceived under EU law, to tackle institutional discrimination. Following this, the author turns to the risks and limitations of the practical operationalization of institutional discrimination in human rights litigation, as well as the uniqueness and subsequent challenges the subjectified standards of evidence for harassment may pose for due process/fair trial, as demonstrated by harassment cases in American universities.

Published
2019-07-15
How to Cite
PAP, András László. Harassment: A Silver Bullet to Tackle Institutional Discrimination, But No Panacea for all Forms of Dignity and Equality Harms. Intersections. East European Journal of Society and Politics, [S.l.], v. 5, n. 2, july 2019. ISSN 2416-089X. Available at: <https://intersections.tk.mta.hu/index.php/intersections/article/view/497>. Date accessed: 23 aug. 2019. doi: https://doi.org/10.17356/ieejsp.v5i2.497.