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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Equality and Non-Discrimination Under the European Convention on Human Rights

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ISBN13: 9789041119124
ISBN: 9041119124
Published: December 2002
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £141.00

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The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through developments in the case-law on Article 14 and with the advent of Protocol 12 to the Convention.

This study demonstrates that the ""objective and reasonable justification"" test and conventional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review.

This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influence the strictness of review.

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1. Introduction.
2. Substantive Equality.
3. Protection against Discrimination under the European Convention on Human Rights.
4. Strictness of Review and the Burden of Proof.
5. Strictness of Review and the Influencing Factors.
6. Strictness of Review and the Necessity of Review.
7. Conclusions. Table 1. Table 2. Table 3. Table 4. Judgments Referred to in the Study. Bibliography. Index.