Equality And Non Discrimination

Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 53,9 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781789904604

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Equality and Non-Discrimination in the EU by Giovanni Zaccaroni Pdf

Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.

Author : Stephanie Farrior
Publisher : Routledge
Page : 883 pages
File Size : 41,9 Mb
Release : 2017-07-05
Category : Political Science
ISBN : 9781351568029

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Equality and Non-Discrimination under International Law by Stephanie Farrior Pdf

The principles of equality and non-discrimination lie at the heart of international human rights law. They are the only human rights explicitly included in the UN Charter and they appear at the beginning of virtually every major human rights instrument. This volume contains selected works by leading authors on the subject of equality and non-discrimination under international law. The selections are grouped into four sections. The first presents essays that explore theoretical concepts of equality and non-discrimination. The next addresses the development of international legal standards on the subject. The third presents articles analyzing how those standards have been interpreted and applied by UN and regional human rights bodies, and the last contains works on what measures besides legal action States are to take to in order to achieve equality and non-discrimination.

Author : Wouter Vandenhole
Publisher : Intersentia nv
Page : 308 pages
File Size : 49,8 Mb
Release : 2005
Category : Actions and defenses
ISBN : 9789050955003

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Non-discrimination and Equality in the View of the UN Human Rights Treaty Bodies by Wouter Vandenhole Pdf

As part of a larger research project on harmonisation and convergence among UN human rights treaty bodies, scrutinises convergence and divergence, communality, and related issues. Focuses on five Committees: The Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Human Rights Committee (HRC), the International Covenant on Economics, Social and Cultural Rights (CESCR), the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC).

Author : Oddný Mjöll Arnadóttir
Publisher : BRILL
Page : 283 pages
File Size : 55,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481534

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Equality and Non-Discrimination under the European Convention on Human Rights by Oddný Mjöll Arnadóttir Pdf

The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.

Author : Ziba Vaghri,Jean Zermatten,Gerison Lansdown,Roberta Ruggiero
Publisher : Springer Nature
Page : 429 pages
File Size : 40,6 Mb
Release : 2022-01-03
Category : Education
ISBN : 9783030846473

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Monitoring State Compliance with the UN Convention on the Rights of the Child by Ziba Vaghri,Jean Zermatten,Gerison Lansdown,Roberta Ruggiero Pdf

This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Author : Rodrigues,Titia Loenen
Publisher : Martinus Nijhoff Publishers
Page : 465 pages
File Size : 52,8 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004637511

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Non-Discrimination Law: Comparative Perspectives by Rodrigues,Titia Loenen Pdf

This collection, which stems from the International Conference on Comparative Non-Discrimination Law held at Utrecht, The Netherlands, in June 1998, covers both the general aspects of equality and non-discrimination law (Part I), as well as the specific grounds for discrimination, adverse impact or indirect discrimination, and affirmative action (Part II). Part III discusses diverse aspects of the enforcement of non-discrimination law; Part IV contains conclusions and an agenda for change. This book is unique in that it both provides a comparative view of anti-discrimination law in theory and practice, and looks at a wide range of grounds for discrimination, such as gender, race, religion and health. Its comparative and international approach renders this publication not only of interest to civil rights lawyers, but to all those engaged in human rights and comparative law.

Author : Eric Heinze
Publisher : Routledge
Page : 152 pages
File Size : 52,5 Mb
Release : 2018-05-08
Category : Law
ISBN : 9781351770149

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The Logic of Equality by Eric Heinze Pdf

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

Author : Dagmar Schiek,Victoria Chege
Publisher : Routledge
Page : 444 pages
File Size : 43,5 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781134049325

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European Union Non-Discrimination Law by Dagmar Schiek,Victoria Chege Pdf

This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law.

Author : Waddington, Lisa,Broderick, Andrea
Publisher : Council of Europe
Page : 61 pages
File Size : 44,6 Mb
Release : 2017-03-27
Category : Social Science
ISBN : 8210379456XXX

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Promoting equality and non-discrimination for persons with disabilities by Waddington, Lisa,Broderick, Andrea Pdf

Equality and non-discrimination: A core principle of all human rights and fundamental freedoms. Ensuring equal opportunities for persons with disabilities is an important facilitator of participation and inclusion in society. Both the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Council of Europe Disability Strategy 2017-2023 address equality and equalisation of opportunities for persons with disabilities. Article 5 of the UNCPRD requires States to adopt positive measures aimed at ensuring equality across the substantive rights in the Convention. The Council of Europe Disability Strategy aims at guiding and supporting the activities of Council of Europe member States in their implementation of the UNCRPD and Council of Europe standards regarding disability, and similarly addresses equality and non-discrimination. The overall goal of this study is to analyse the obligations contained in the UNCRPD regarding equality and non-discrimination, and to provide examples of good national practices regarding equality and non-discrimination.

Author : Vidhu Verma
Publisher : Routledge
Page : 272 pages
File Size : 55,8 Mb
Release : 2011-11-22
Category : Political Science
ISBN : 9781136515019

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Non-discrimination and Equality in India by Vidhu Verma Pdf

Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India.

Author : Liu Xiaonan,Wang Liwan
Publisher : Chinese Perspectives on Human
Page : 345 pages
File Size : 49,5 Mb
Release : 2021
Category : Law
ISBN : 9004421009

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Equality and Anti-Discrimination by Liu Xiaonan,Wang Liwan Pdf

In Equality and Anti-Discrimination: The Road to Equal Rights in China, Professors Liu Xiaonan and Wang Liwan collecte experienced scholars in the field of anti-discrimination law to conduct deep discussions on the manifestations, causes, and solutions of discrimination issues in China.

Author : Warwick Alexander McKean
Publisher : Oxford University Press, USA
Page : 352 pages
File Size : 40,7 Mb
Release : 1983
Category : Law
ISBN : UOM:39015005442796

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Equality and Discrimination Under International Law by Warwick Alexander McKean Pdf

History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc.

Author : Anna Lawson
Publisher : Routledge
Page : 340 pages
File Size : 44,6 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317139218

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European Union Non-Discrimination Law and Intersectionality by Anna Lawson Pdf

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

Author : Jessika Eichler
Publisher : Springer Nature
Page : 313 pages
File Size : 47,8 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 9783031546181

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An Interdisciplinary Journey from Non-Discrimination to Collective Rights by Jessika Eichler Pdf

Author : Shadrack Gutto
Publisher : New Africa Books
Page : 388 pages
File Size : 55,5 Mb
Release : 2001
Category : Law
ISBN : 1919876553

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Equality and Non-discrimination in South Africa by Shadrack Gutto Pdf

This study explores and critiques law and law making in the nascent constitutional democracy in the new South Africa, with a focus on the complex roles of the executive, parliament, political parties, the media and civil society. The capacity and potential in the judiciary and the legal profession in promoting and protecting values and rights of equality and non-discrimination is examined. Substantive equality and non-discrimination law in theory and in practice is considered critically, from a broad historical and social context that highlights areas of race, gender, disability, harassment and hate speech, socio-economic rights, and legal services. International human rights law and comparative law aspects are skillfully interwoven in this pioneering scholarly work.