The Right To Equality In European Human Rights Law

Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701380
Size: 42.83 MB
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The Right To Equality In European Human Rights Law from the Author: Charilaos Nikolaidis. 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.

The Principle Of Equality In European Taxation

Author: Gerard Theodora Karel Meussen
Publisher:
ISBN: 9789041196934
Size: 71.89 MB
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The Principle Of Equality In European Taxation from the Author: Gerard Theodora Karel Meussen. 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.

Personal Freedom Through Human Rights Law

Author: Jill Marshall
Publisher: BRILL
ISBN: 9004170596
Size: 69.75 MB
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Personal Freedom Through Human Rights Law from the Author: Jill Marshall. By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Discrimination And Human Rights

Author: Sandra Fredman
Publisher: Oxford University Press
ISBN: 9780199242450
Size: 36.71 MB
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Discrimination And Human Rights from the Author: Sandra Fredman. This set of essays looks at the role of human rights law in combating racism. Topics covered include the right to equality in the context of racism; multi-culturalism, ethnicity, and group rights; international instruments to address racism, including EU directives; and the problem of race hatred on the Internet.

Textbook On International Human Rights

Author: Rhona K. M. Smith
Publisher: Oxford University Press
ISBN: 0198746210
Size: 66.98 MB
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Textbook On International Human Rights from the Author: Rhona K. M. Smith. Textbook on International Human Rights provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skilfully guides students through the complexities of the subject, making it accessible to those withlittle or no prior legal knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings provided at the end of each chapter. Online Resource CentreThis book is accompanied by an Online Resource Centre, which contains links to the full cases referenced at the end of each chapter as well as a list of annotated web links to aid further study.

International Human Rights Law

Author: Olivier De Schutter
Publisher: Cambridge University Press
ISBN: 1139489097
Size: 75.93 MB
Format: PDF, ePub, Docs
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International Human Rights Law from the Author: Olivier De Schutter. How do you keep students motivated when their perception of a subject conflicts with the reality of its academic study? International human rights law, unquestionably an exciting field, is also complex and demanding. In his breakthrough textbook, De Schutter focuses on international human rights law as global legal system, rather than as a collection of different (though related) rights, giving it relevance and immediacy. Drawing on cases and materials from a wide range of sources, it shows how human rights law is used as a tool to address contemporary issues such as counter-terrorism, global poverty and religious diversity. Materials are organised thematically, allowing readers to make comparisons and connections between different legal treaties and systems. Students can also easily assess how human rights are protected under domestic and international laws. The law is placed in context throughout, ensuring full understanding of why laws exist and how they work.

Equality Law In An Enlarged European Union

Author: Helen Meenan
Publisher: Cambridge University Press
ISBN: 1139467921
Size: 12.12 MB
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Equality Law In An Enlarged European Union from the Author: Helen Meenan. European Union equality and anti-discrimination law were revolutionized by the incorporation of Article 13 into the EC Treaty, adding new anti-discrimination grounds and new possibilities. This comprehensive 2007 volume provides a fresh approach to Article 13 and its directives; it adopts a contextual framework to equality and anti-discrimination law in the European Union. Part I deals with the evolution of Article 13, demographic and social change and the inter-relationship between European Equality Law and Human Rights. Part II contains expert essays on each of the Article 13 anti-discrimination grounds: sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation, with common themes weaving throughout. This book will be of interest to everyone concerned with combating discrimination, academics, NGOs, lawyers, human resource professionals, employers, employees, research students and many others in the European Union and beyond.

Fundamental Rights In Europe

Author: Federico Fabbrini
Publisher: OUP Oxford
ISBN: 0191006572
Size: 44.85 MB
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Fundamental Rights In Europe from the Author: Federico Fabbrini. 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 recent transformations 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.