EQUALITY, THE PURPOSES OF DISCRIMINATION LAW, AND THE ENVIRONMENT (original) (raw)
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EU employment equality law is the product of fifty years of law-making. This gradual evolution has led to fragmentation and differences in the protection afforded to protected grounds, often referred to as a ‘hierarchy of discrimination grounds’. This paper argues that human dignity is one of the underlying values of EU equality law, and therefore, the existence of a ‘hierarchy’ is not deliberate, but rather the accidental product of progressive waves of legislative evolution. It is thus submitted that EU equality law should keep evolving to achieve a coherent approach to address discrimination. This requires a legal framework that is logical and consistent and aligned with international human rights instruments. On this basis, the paper discusses two proposals to improve the coherence of EU employment equality law, namely, explicitly prohibiting gender identity discrimination and embracing reasonable accommodation for religious practices through a broad interpretation of the concep...
THE PRINCIPLE OF EQUALITY. NEW AND OLD CHALLENGES
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Taking EU Equality Law to the Next Level: In Search of Coherence
European Labour Law Journal
EU employment equality law is the product of fifty years of law-making. This gradual evolution has led to fragmentation and differences in the protection afforded to protected grounds, often referred to as a ‘hierarchy of discrimination grounds’. This paper argues that human dignity is one of the underlying values of EU equality law, and therefore, the existence of a ‘hierarchy’ is not deliberate, but rather the accidental product of progressive waves of legislative evolution. It is thus submitted that EU equality law should keep evolving to achieve a coherent approach to address discrimination. This requires a legal framework that is logical, consistent and aligned with international human rights instruments. On this basis, the paper discusses two proposals to improve the coherence of EU employment equality law, namely, explicitly prohibiting gender identity discrimination and embracing reasonable accommodation for religious practices through a broad interpretation of the concept o...
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Equality doesn't mean identity, but similarity in at least one of the domains of categorization. Referring to the gender inequalities, these developed from the preconceived idea of superior importance of masculinity, given by the numerical and historical experience of their participation in confrontations, and implicitly as male preponderance in the dominant areas of society. The essence of prescriptive equality is that of equality before the law. The political theory and the egalitarian philosophies focus on identifying reasonable principles that once elected, constitute the fundament of a public agreement on common good, and which are beyond the different positions in which they are participants. In the content of the paper, we examined a series of references to some of the most important acts that govern the equal treatment in the fields of work and wages in the EU.
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The paper presents some of the most relevant aspects of European nondiscrimination law established th rough European Union law and the European Convention on Human Rights, looking also at the evolution of the norms and milestones of case-law on equal treatment within the two systems. The paper gives an overview of the non-discrimination concept as interpreted by the Court of Justice of the European Union and by the European Court of Human Rights. We examine the similar elements but also give insight into conceptual differences between the two human rights regimes when dealing with equal treatment. The differences mainly stem from the more complex approach taken by EU law although, based on analysed norms, cases, and provisions, the aspects of equal treatment in EU law are largely consistent with the practice of the ECtHR. Lastly, the paper briefl y places the European non-discrimination law within the multi-layered human rights system, giving some food for thought for the future pot...