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...
المؤلف الرئيسي:
التنسيق: كتاب الكتروني
اللغة: English
منشور في:
Leiden ; Boston :
Brill | Nijhoff,
2025.
سلاسل:
Human Rights and Humanitarian Law E-Books Online, Collection 2025.
Nijhoff Law Specials ;
111.
الموضوعات:
الوصول للمادة أونلاين: Login to view Source
الوسوم: إضافة وسم
رقم الطلب: K540-5570
- 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.