The Conceptualization Of Equality And Non Discrimination As Legal Standards

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The Conceptualization Of Equality And Non Discrimination As Legal Standards
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Author : Titia Loenen
language : en
Publisher: BRILL
Release Date : 2024-12-23
The Conceptualization Of Equality And Non Discrimination As Legal Standards written by Titia Loenen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-23 with Law categories.
This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
Equality And Discrimination Under International Law
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Author : Warwick Alexander McKean
language : en
Publisher: Oxford University Press, USA
Release Date : 1983
Equality And Discrimination Under International Law written by Warwick Alexander McKean and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
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.
Equality And Non Discrimination In The Eu
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Author : Giovanni Zaccaroni
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
Equality And Non Discrimination In The Eu written by Giovanni Zaccaroni and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
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.
Monitoring State Compliance With The Un Convention On The Rights Of The Child
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Author : Ziba Vaghri
language : en
Publisher: Springer
Release Date : 2022-01-04
Monitoring State Compliance With The Un Convention On The Rights Of The Child written by Ziba Vaghri and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-04 with Education categories.
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.
A Theory Of Discrimination Law
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Author : Tarunabh Khaitan
language : en
Publisher: OUP Oxford
Release Date : 2015-05-21
A Theory Of Discrimination Law written by Tarunabh Khaitan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-21 with Political Science categories.
Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.
Equality And Non Discrimination Under International Law
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Author : Stephanie Farrior
language : en
Publisher: Routledge
Release Date : 2017-07-05
Equality And Non Discrimination Under International Law written by Stephanie Farrior and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Political Science categories.
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.
The Concept Of Discrimination In International Law
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Author : E.W. Vierdag
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Concept Of Discrimination In International Law written by E.W. Vierdag and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
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.
Eu Anti Discrimination Law
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Author : Evelyn Ellis
language : en
Publisher: OUP Oxford
Release Date : 2012-11-29
Eu Anti Discrimination Law written by Evelyn Ellis and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-29 with Law categories.
EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.
Equality And Anti Discrimination
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Author : Liu Xiaonan
language : en
Publisher: BRILL
Release Date : 2021-11-01
Equality And Anti Discrimination written by Liu Xiaonan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-01 with Law categories.
In Equality and Anti-Discrimination: The Road to Equal Rights in China, Professors Liu Xiaonan and Wang Liwan collect experienced scholars in the field of anti-discrimination law to conduct deep discussions on the manifestations, causes, and solutions of discrimination issues in China. Since the reform and opening up in China the market economy and civil society have developed. However, many economic and social discriminations have also emerged and caused widespread social contradictions and legal dilemmas. In this book, equality rights and discrimination issues are investigated in a panoramic way from the perspective of law, and .insightful suggestions are made. The authors believe that anti-discrimination research and actions in the field of Chinese law are carried out simultaneously with political changes and economic development. In this process, experts and scholars, public media, research institutions, and non-governmental organizations play important roles. The awakening of civil rights awareness and the emergence of rights protection actions for vulnerable groups are the sources of anti-discrimination research and actions in the field of law.
Legal Perspectives On Equal Treatment And Non Discrimination
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Author : Ann Numhauser-Henning
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-08-22
Legal Perspectives On Equal Treatment And Non Discrimination written by Ann Numhauser-Henning and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-22 with Law categories.
CONTENTS.