The Right to Equality in European Human Rights Law

The Quest for Substance in the Jurisprudence of the European Courts

Author: Charilaos Nikolaidis

Publisher: Routledge

ISBN: 1317701380

Category: Law

Page: 238

View: 8863

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.

Die Hörigkeit der Frau

Author: John Stuart Mill

Publisher: e-artnow

ISBN: 8027205727

Category: Social Science

Page: 145

View: 4275

Diese Ausgabe von "Die Hörigkeit der Frau" wurde mit einem funktionalen Layout erstellt und sorgfältig formatiert. John Stuart Mill (1806-1873) war ein englischer Philosoph und Ökonom und einer der einflussreichsten liberalen Denker des 19. Jahrhunderts. Er war Anhänger des Utilitarismus, der von Jeremy Bentham, dem Lehrer und Freund seines Vaters James Mill, entwickelt wurde. Aus dem Buch: "Bei allen zarteren Verrichtungen der Natur - von welchen die der belebten Schöpfung die zartesten und von diesen wieder die des Nervensystems die allerzartesten sind - hängen die Verschiedenheiten der Wirkung ebensowohl von der Verschiedenheit der betreffenden Organe nach ihrer Qualität wie nach ihrer Quantität ab, und wenn die Qualität eines Instrumentes nach der Feinheit und Sauberkeit des Werkes, das es verrichten kann, zu beurteilen ist, so weist dieser Schluß auf eine durchschnittlich feinere Qualität des Gehirnes und Nervensystems der Frauen als der Männer hin. Sieht man indes von allen abstrakten Unterschieden der Qualität ab, die zu belegen immer eine schwierige Sache bleibt, so weiß man doch, daß die Wirksamkeit eines Organes nicht allein von seinem Umfange, sondern von seiner Tätigkeit abhängt, und von dieser haben wir ein annäherndes Maß in der Kraft, mit welcher das Blut durch dasselbe zirkuliert, da sowohl der Stimulus wie die ersetzende Kraft hauptsächlich von dieser Zirkulation abhängt."

The Principle of Equality in European Taxation

Author: Gerard Theodora Karel Meussen

Publisher: N.A

ISBN: 9789041196934

Category: Law

Page: 279

View: 7768

The principles of equality and non-discrimination are a cornerstone of constitutional law and of international and European human rights law, and there is increasing recognition of the fact that any system of taxation must comply with them. This book examines how these principles influence the tax regimes of eight European jurisdictions. The authors examine the impact of the equality and non-discrimination principles on tax law and policy, with particular reference to their application in national courts and the European Court of Human Rights. The discussion focuses on an individual's right to appeal to the courts, the procedures for judicial review, and the core question of whether objective and reasonable justification exists for instances of unequal treatment of equal cases. This work will be of value to practitioners, policymakers, legislators, judges and researchers working in the field of taxation and human rights.

Fundamental Rights in Europe

Author: Federico Fabbrini

Publisher: Oxford University Press

ISBN: 0198702043

Category: Law

Page: 319

View: 302

The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the most recenttransformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.

Human Rights Law

Author: Bríd Moriarty,Eva Massa

Publisher: Oxford University Press

ISBN: 0199652074

Category: Law

Page: 437

View: 6530

Human Rights Law provides thorough coverage of human rights issues, offering a practical text for trainee solicitors and practitioners in Ireland. This fourth edition has been fully updated to cover recent developments in the field.

The Principle of Equality

A South African and a Belgian Perspective

Author: Johan vande Lanotte,Yves Haeck

Publisher: Maklu

ISBN: 9789062157556

Category: Law

Page: 252

View: 5724

The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.

Contemporary Issues in Human Rights Law

Europe and Asia

Author: Yumiko Nakanishi

Publisher: Springer

ISBN: 9811061297

Category: Law

Page: 219

View: 5549

This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

Enforcement of Human Rights

In Peace & War and the Future of Humanity

Author: Nagendra Singh

Publisher: Martinus Nijhoff Publishers

ISBN: 9024733022

Category: Political Science

Page: 272

View: 6985

Equality in law between men & women in the European Community is an integral part of the EC's social policy & crucial to its economic & social cohesion. This 15-Volume Encyclopedia analyses the legal framework for equal opportunities which now exists in the Community due to the adoption of EC Directives on equal treatment, equal pay & social security, & to the work of the European Court of Justice in this area. It looks at how the EC Directives have been implemented & interpreted in each Member State, & at the other legislative & constitutional provisions affecting the principle of equality. All the principal legal provisions are reproduced or translated. Extracts from or digests of national case law are also included. Each volume is structured so that Member States's provisions on equality can be directly compared. The editors of this Encyclopedia are Michel Verwilghen , Professeur ordinaire a la Faculte de Droit, Universite catholique de Louvain , & Ferdinand von Prondzynski , Professor of Law & Dean of the Law School, University of Hull .

International Covenant on Economic,Social and Cultural Rights,Twenty-First Report of Session 2003-04,Report,Together with Formal Minutes,Minutes of Evidence and Appendices

House of Lords Papers 2003-04,183 /House of Commons Papers 2003-04,1188

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

ISBN: 9780104005446


Page: 196

View: 9486

The Joint Committee on Human Rights examined the implementation of the UN International Covenant on Economic, Social and Cultural Rights in the UK. Domestic legislation protects many of the economic, social and cultural rights, with the Covenant itself having little impact in UK domestic law. The Committee believes that there is scope for incorporating further protection of rights in the UK, by enshrining some of the guarantees contained in the Covenant. Further, that for the Covenant rights to be effective, they should be part of a framework for government policy development, and that Government along with the Commission for Equality and Human Rights should develop ways of measuring the progress of these rights. The Committee also recommends, that explanatory notes to Bills, should include discussion of the Bills compatibility with Covenant rights, which is a way of enhancing the scrutiny of proposed Government legislation. Furthermore, the Committee recommends the introduction of an Equality Bill, to address the concerns of discrimination faced by ethnic minorities and persons with disabilities in employment, housing and education.

The Legal Status of Persons Admitted for Family Reunion

A Comparative Study of Law and Practice in Some European States

Author: Steve Peers

Publisher: Council of Europe

ISBN: 9789287143884

Category: Law

Page: 79

View: 3832

Family reunification is one of the major sources of immigration in most European states. This study does not examine admission policy with regard to family members. It focuses on the status granted once they have arrived. This study describes, analyses and compares national immigration rules and practices. It also includes a brief description of the main European provisions on the rights of admitted family members.

Indigenous People and the Roles of Culture, Law and Globalization

Comparing the Americas, Asia-Pacific, and Africa

Author: Kennedy M. Maranga

Publisher: Universal-Publishers

ISBN: 1612332676

Category: Social Science

Page: 224

View: 7248

This book explores the history, culture, rights and the effects of globalization on indigenous people in the Americas, Asia-Pacific, and Africa from an evaluative and critical perspective. Unlike discipline-based textbooks, this volume seeks to contribute to the social discourse around indigenousness and to engage readers in a shared sense of humanity and empowerment for these groups of individuals. Among the issues addressed are: who indigenous people are, culture and colonization, self-determination, the impact of legal theory and judicial decisions, land rights, poverty, lack of healthcare, international human rights law, tourism, treaties, and globalization. The book concludes by addressing what it means to be an indigenous person in the 21st century, and calling upon policymakers to recognize the importance of preserving indigenous people's territories, languages, cultures and collective rights.

Discrimination and Human Rights

The Case of Racism

Author: Sandra Fredman,Philip Alston,Gráinne de Búrca

Publisher: Oxford University Press

ISBN: 9780199242450

Category: Law

Page: 316

View: 9859

This set of essays provides and important contribution to the debate about the role of human rights law in combating racism. The first essay examines the right to equality in the context of racism, drawing on a wide range of international and comparative sources to create a critical frameworkof analysis. The second essay locates the discussion within the context of multi-culturalism, ethnicity, and group rights, with specific reference to ethnicity within Europe. The next set of essays is concerned with international istruments to address racism, followed by a critical examination ofthe newly developed race discrimination directive at EU level. The particular problem of race hatred on the internet is examined in the seventh chapter, followed by an important discussion of enforcement and remedial structures.

European Human Rights Law

Text and Materials

Author: Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley

Publisher: Oxford University Press, USA

ISBN: 9780199277469

Category: Law

Page: 957

View: 3347

The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Diversity and European Human Rights

Rewriting Judgments of the ECHR

Author: Eva Brems

Publisher: Cambridge University Press

ISBN: 1107026601

Category: Law

Page: 480

View: 3203

A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.

What Happened to Equality?

The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration

Author: Bjarney Friðriksdóttir

Publisher: BRILL

ISBN: 9004345280

Category: Political Science

Page: 458

View: 9009

In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management.