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The Right to Equality in European Human Rights Law: The Quest for Substance in the Jurisprudence of the European Courts


ISBN13: 9780415746601
Published: August 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00
Paperback edition , ISBN13 9781138687646



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£42.99

This book explores the concept of a substantive right to equality and considers the underlying rationale behind the right to equality and non-discrimination within the European Convention on Human Rights (ECHR) and the EU.

The book sets out a theoretical basis for the right to substantive equality before undertaking a careful analysis of the jurisprudence of both the European Court of Human Rights and the European Court of Justice in order to examine how the two Courts have approached the question through their case-law.

The historical evolution of the prohibition of discrimination in the two legal orders is traced in order to demonstrate how the human interest safeguarded by a right to equality has developed and continues to develop within the jurisprudence of the Strasbourg and Luxembourg Courts.

The book demonstrates how the right to substantive equality is becoming increasingly relevant. It shows how, despite the profound differences between the scope of ECHR and EU equality law, the two Courts have been willing to move beyond the apparent limitations of the written legal framework in several instances with a view to extending the personal and the material scope of what appears to be an emerging human right to equality.

Subjects:
Human Rights and Civil Liberties, Discrimination Law
Contents:
1. Introduction
2. Equality and the Quest for Substance
3. Substantive Equality in the European Court of Human Rights
4. Substantive Equality in the European Court of Justice
5. Defining Substance in European Equality Law
6. Conclusion

Series: Routledge Research in Human Rights Law

Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
To be published January 2027
Routledge
£105.00
The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
To be published January 2026
Routledge
£90.00
£39.99
(ePub)
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Surveillance Law, Data Retention and Human Rights: A Risk to Democracy ISBN 9781032075990
Published September 2024
Routledge
£150.00
Civilian Drones, Visual Privacy and EU Human Rights Law (eBook) ISBN 9781000625530
Published January 2024
Routledge
Out of print
Civilian Drones, Visual Privacy and EU Human Rights Law ISBN 9781032183763
Published January 2024
Routledge
£39.99
Decisional Privacy and the Rights of the Child ISBN 9781032123462
Published October 2022
Routledge
£125.00
Civilian Drones, Visual Privacy and EU Human Rights Law ISBN 9781032183725
Published July 2022
Routledge
£135.00
Executive Clemency: Comparative and Empirical Perspectives ISBN 9780367243579
Published July 2020
Routledge
£115.00
Executive Clemency: Comparative and Empirical Perspectives (eBook) ISBN 9781000082258
Published July 2020
Routledge
Out of print
Human Rights and America's War on Terror ISBN 9780367499037
Published February 2020
Routledge
£39.99
Critical Indigenous Rights Studies ISBN 9780367481353
Published January 2020
Routledge
£39.99
Criminal Theory and International Human Rights Law ISBN 9780367182274
Published October 2019
Routledge
£120.00
Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
Published March 2019
Routledge
£135.00
Criminal Punishment and Human Rights: Convenient Morality (eBook) ISBN 9780429861475
Published March 2019
Routledge
Out of print
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
Published February 2019
Routledge
£135.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
Published February 2019
Routledge
Out of print
Human Rights in the Media: Fear and Fetish ISBN 9781138645813
Published January 2019
Routledge
£150.00
Human Rights in the Media: Fear and Fetish (eBook) ISBN 9781317239482
Published January 2019
Routledge
Out of print
Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
Published August 2018
Routledge
Out of print
Critical Indigenous Rights Studies ISBN 9781138729339
Published August 2018
Routledge
£135.00
Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
Published January 2018
Routledge
£45.99
£45.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
Published November 2017
Routledge
£145.00
The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£150.00
Out of print
Out of print
£150.00
Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
Routledge
£49.99
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
Routledge
Out of print
Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£145.00
£53.99
Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£150.00
Out of print
Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£47.99
£150.00
£145.00
Out of print
Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£150.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
Routledge
Out of print
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
Out of print
China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
Routledge
£150.00
£145.00
Out of print
£37.99
Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
Out of print
Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
Routledge
£145.00
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
Routledge
Out of print
Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
Routledge
£145.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
Routledge
Out of print
Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
Routledge
£150.00
Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£53.99
£145.00
Out of print
The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
Routledge
Out of print
The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
Routledge
£145.00
Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
Routledge
£145.00
Out of print
Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
Published July 2011
Routledge
Out of print
Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
Routledge
£145.00