Equality And Non Discrimination Under The European Convention On Human Rights

Author : Oddný Mjöll Arnadóttir
Publisher : BRILL
Page : 283 pages
File Size : 51,6 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 : Oddný Mjöll Arnardóttir
Publisher : Martinus Nijhoff Publishers
Page : 294 pages
File Size : 52,8 Mb
Release : 2003
Category : Law
ISBN : 9041119124

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Equality and Non-Discrimination Under the European Convention on Human Rights by Oddný Mjöll Arnardóttir Pdf

2.3.1. A sliding scale.

Author : Charilaos Nikolaidis
Publisher : Routledge
Page : 238 pages
File Size : 46,6 Mb
Release : 2014-07-25
Category : Law
ISBN : 9781317701385

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The Right to Equality in European Human Rights Law by Charilaos Nikolaidis Pdf

A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.

Author : Giovanni Zaccaroni
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 53,5 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 : Council of Europe
Publisher : Council of Europe
Page : 160 pages
File Size : 55,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789287159267

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Non-discrimination by Council of Europe Pdf

This publication sets out the proceedings of a Council of Europe seminar held in Strasbourg in October 2005 to mark the entry into force of Protocol no. 12 to the European Convention on Human Rights. The seminar was organised to examine the challenges to the effective application of this Protocol which sets out a general prohibition of discrimination based on the equal dignity of all human beings, with the aim of promoting further ratifications by Council of Europe member states. Contributors to the seminar included government officials, European Court of Human Rights judges, members of the European Commission against Racism and Intolerance and of the European Committee of Social Rights, academic experts and NGO representatives.

Author : E.W. Vierdag
Publisher : Springer Science & Business Media
Page : 187 pages
File Size : 40,9 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401024303

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The Concept of Discrimination in International Law by E.W. Vierdag Pdf

This book was written as a dissertation for the Doctorate of Laws, University of Amsterdam. I am most grateful, first of all, to Professor A. J. P. Tammes, who acted as Promotor. Throughout my working at this study he managed to afford at the same time guidance, inspiration, and complete freedom. I have also benefited much from the suggestions and advice of Dr. Th. e. van Boven of the Dutch Ministry of Foreign Affairs, Member of the U.N. Commission on Human Rights, who was a very helpful Co referent. In earlier stages of the work, the critical remarks by Mr. S. A. Kuipers, Dr. H. Meijers and Miss J. M. van Wouw were of great im portance to me. So was the experience of participating in the program of graduate studies of the Columbia University School of Law, in I968- I969. lowe gratitude to the Amsterdam Law Faculty for having offered this opportunity to me. I am indebted to Miss Sinja Alma for her transforming a chaotic manuscript into a neat typescript in a most capable and patient manner; to Miss E. D. ]. ]ongens for her assistance in sorting out the United Nations documentation; and to Howard S. Gold (Gersono vitch), who was so kind as to correct the faults in my English. Since I went on tinkering with the text I am to blame for all linguistic errors in it. The research for this study was concluded in October, I972.

Author : Stephanie Farrior
Publisher : Routledge
Page : 883 pages
File Size : 49,9 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 : Olivier De Schutter
Publisher : Unknown
Page : 58 pages
File Size : 40,5 Mb
Release : 2005
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 928949171X

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The Prohibition of Discrimination Under European Human Rights Law by Olivier De Schutter Pdf

Author : Warwick Alexander McKean
Publisher : Oxford University Press, USA
Page : 352 pages
File Size : 47,7 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 : Dagmar Schiek,Victoria Chege
Publisher : Routledge
Page : 623 pages
File Size : 54,7 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781134049318

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

EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.

Author : Bruce Abramson
Publisher : BRILL
Page : 172 pages
File Size : 44,6 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431367

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A Commentary on the United Nations Convention on the Rights of the Child, Article 2: The Right of Non-Discrimination by Bruce Abramson Pdf

This volume constitutes a commentary on Article 2 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non-governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.

Author : Charilaos Nikolaidis
Publisher : Routledge
Page : 278 pages
File Size : 52,5 Mb
Release : 2014-07-25
Category : Law
ISBN : 9781317701378

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The Right to Equality in European Human Rights Law by Charilaos Nikolaidis Pdf

A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.

Author : Timo Makkonen
Publisher : Martinus Nijhoff Publishers
Page : 454 pages
File Size : 46,5 Mb
Release : 2012-01-06
Category : Law
ISBN : 9789004217065

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Equal in Law, Unequal in Fact by Timo Makkonen Pdf

An intriguing paradox characterises international and European action against discrimination. On the one hand, equality and the right to non-discrimination are key human rights and protected by an impressive line of legal documents. On the other hand, empirical studies show that discrimination is still rampant today. This book maps the gap between the rights and the reality, and examines the causes, consequences and extent of discrimination in Europe today as well as the international and European legal response to it. On the basis of this analysis, the study explains why anti-discrimination law fails to deliver, and what can be done about it. The result is of interest to scholars, students, civil society, politicians and anyone interested in equality and making it a reality.

Author : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 48,6 Mb
Release : 1978
Category : Civil rights
ISBN : OCLC:467193920

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The Universal Declaration of Human Rights by Anonim Pdf

Author : Thomas Giegerich
Publisher : Springer Nature
Page : 493 pages
File Size : 41,7 Mb
Release : 2020-07-06
Category : Law
ISBN : 9783030437640

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The European Union as Protector and Promoter of Equality by Thomas Giegerich Pdf

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.