Discrimination damages the lives of many people, from general harassment to finding employment or accommodation. What questions do legal systems have to address when tackling this problem through human rights legislation, employment equity rules and other areas of the law? Professor Yofi Tirosh, a visiting scholar from Tel Aviv University, is addressing this topic in a short course for Queen’s students during her 11 days in residence from January 18 to 29.

“Most of us agree that discrimination is wrong, but translating this moral intuition into concrete legal doctrines is a challenging task,” says Tirosh.

Rather than concentrating on antidiscrimination law in a specific jurisdiction, Tirosh’s students are looking at its key concepts and theories so they could critically examine the law across jurisdictions. “In the Idea of Anti-Discrimination course,” she says, “we are examining debates about whether antidiscrimination law should ameliorate social distinctions or confront them head-on, the extent to which the law can guarantee equal treatment to those who are perceived as fundamentally different, the scope of legitimate legal intervention in the private sphere, and more.“

Tirosh expresses her enthusiasm about discussing antidiscrimination with Queen’s Law students. “Antidiscrimination law in Canada is significantly more advanced than in most Western countries,” she says. “As expected, I am learning a lot from students’ deeply engrained sensibilities about the law’s responsibility for fostering a fair and inclusive society.”

Additionally, she is enjoying engaging students on her work pushing the boundaries of human rights law to protect people from discrimination over their physical appearance or body weight. “This issue has become increasingly visible in the U.S., Europe, and Israel, and it presents particular challenges to antidiscrimination law, as it probes into notions of personal responsibility and liberty.”

Another highlight of Tirosh’s visit was the Jan. 27 fireside chat she had with Queen’s Law students and faculty on sex-segregation for religious reasons in Israel, an increasing phenomenon, she says, that impacts women’s equality.

Currently a visiting scholar at Humboldt University in Berlin, Professor Yofi Tirosh is an expert on labour and employment law, feminist jurisprudence and food law, in addition to antidiscrimination law. Her visit was made possible by Jeremy Freedman, Law’82, and the Judith and Jeremy Freedman Family Foundation as part of the Queen’s/Tel Aviv Faculty Exchange and Research Program. The Foundation also supported the October 2015 international conference on constitutional culture.