The Conceptualization of Equality and Non-discrimination as Legal Standards : From Formal to More Substantive Equality /

The Conceptualization of Equality and Non-discrimination as Legal Standards : From Formal to More Substantive Equality /

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...

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Main Author: Loenen, Titia (Author)

Format: eBook

Language: English

Published: Leiden ; Boston : Brill | Nijhoff, 2025.

Series: Human Rights and Humanitarian Law E-Books Online, Collection 2025.
Nijhoff Law Specials ; 111.

Subjects:

Human Rights and Humanitarian Law.
Human Rights.
International Criminal Law.

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Call Number: K540-5570

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Table of Contents:
  • Acknowledgements
  • Abbreviations
  • 1 Introduction
  •  1.1 Goal and Approach of the Book
  •  1.2 Methods
  •  1.3 Terminology
  •  1.4 Outline of the Subsequent Chapters
  • 2 Historical Background and General Characterisation of Equality as a Legal Concept
  •  2.1 Introduction
  •  2.2 Historical Development of Equality as a Legal Concept
  •  2.3 Equality as a Legal Standard - Conceptual Scope: What Equality?
  •  2.4 Equality Standards, Separation of Powers Principles and the Role of Courts
  •  2.5 Horizontalization of Equality Standards
  •  2.6 Equality and 'Dominant Standards' in Law and Society - the Limits of Law in Addressing Systemic Discrimination
  •  2.7 Concluding Remarks
  • 3 Formal and Substantive Equality
  •  3.1 Introduction
  •  3.2 Formal Equality: Like Cases must be Treated Alike.
  •  3.3 Difficulties and Limitations of a Formal Equality Approach
  •  3.4 Substantive Equality: Like Cases must be Treated Alike and Unalike Cases must be treated Unalike in Proportion to their Unalikeness.
  •  3.5 Difficulties and Limitations of a Substantive Equality Approach
  •  3.6 Concluding Remarks
  • 4 Discrimination - General Features
  •  4.1 Introduction
  •  4.2 Non-Discrimination as a Specific Articulation of Equality
  •  4.3 Identifying Sensitive or Protected Grounds
  •  4.4 Discrimination Review - Justifying Difference in Treatment on the Basis of a Protected Ground
  •  4.5 Difficulties and Dilemmas of Ground-Depending Differentiated Review
  •  4.6 Concluding Remarks
  • 5 Indirect Discrimination
  •  5.1 Introduction
  •  5.2 Development and General Features of Indirect Discrimination
  •  5.3 Potential Reach of the Concept of Indirect Discrimination - Addressing Structural and Systemic Discrimination
  •  5.4 Difficulties and Dilemmas of Indirect Discrimination Review
  •  5.5 Inherent Limitations of the Concept of Indirect Discrimination in Addressing Structural Disadvantage and Systemic Discrimination
  •  5.6 Concluding Remarks
  • 6 Lack of (Reasonable) Accommodation as a Modality of Discrimination
  •  6.1 Introduction
  •  6.2 Grounding (Reasonable) Accommodation: Treating Unalike Cases Unalike in Accordance with their Unalikeness
  •  6.3 Lack of Accommodation as a Form of Indirect Discrimination
  •  6.4 Lack of Accommodation as a General, sui generis Modality of Discrimination
  •  6.5 Lack of Accommodation as a Particular, sui generis Modality of Non-Discrimination: the CRPD-Model
  •  6.6 Difficulties and Dilemmas of Applying the Concept of (Reasonable) Accommodation
  •  6.7 Concluding Remarks
  • 7 Positive Discrimination or Positive Action
  •  7.1 Introduction
  •  7.2 General Features
  •  7.3 Legitimacy, Instrumentality and Legality
  •  7.4 Positive Discrimination or Positive Action Review
  •  7.5 Difficulties and Dilemmas of Positive Discrimination or Positive Action Review
  •  7.6 Concluding Remarks
  • 8 Intersectional Discrimination
  •  8.1 Introduction
  •  8.2 General Features
  •  8.3 Intersectional Discrimination Review
  •  8.4 Concluding Remarks
  • 9 Concluding Reflections
  •  9.1 Introduction
  •  9.2 The Increasing Reach of Equality as a Legal Standard - Its Interconnecting Function
  •  9.3 The Central Role of Judicial Bodies
  •  9.4 From a (More) Formal towards a (More) Substantive Approach
  •  9.5 Increasing Complexity - an Ongoing Process
  • Bibliography
  • Overview Case Law
  • Index.