E-Book Overview
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.
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Downloaded by [University of Melbourne] at 07:00 06 May 2017
Downloaded by [University of Melbourne] at 07:00 06 May 2017
The Right to Equality in European Human Rights Law
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. Charilaos Nikolaidis holds an LLB (Hons) from City University London, an LLM (Hons) from University College London and a PhD in law from the Dickson Poon School of Law, King’s College London, where he also taught public law for several years. Dr Nikolaidis currently practices law in Greece.
Downloaded by [University of Melbourne] at 07:00 06 May 2017
Routledge Research in Human Rights Law
Available titles in this series include: The Right to Development in International Law The case of Pakistan Khurshid Iqbal Global Health and Human Rights Legal and philosophical perspectives John Harrington and Maria Stuttaford The Right to Religious Freedom in International Law Between group rights and individual rights Anat Scolnicov Emerging Areas of Human Rights in the 21st Century The role of the Universal Declaration of Human Rights Marco Odello and Sofia Cavandoli The Human Right to Water and its Application in the Occupied Palestinian Territories Amanda Cahill International Human Rights Law and Domestic Violence The effectiveness of international human rights law Ronagh McQuigg Human Rights in the Asia-Pacific Region Towards institution building Hitoshi Nasu and Ben Saul Human Rights Monit