Equality and non-discrimination
20 important questions on Equality and non-discrimination
What are indirect and direct forms of discrimination in provisions?
Direct: rules or measures that treat one person/group less
favourably than another.
•Indirect: The effect of certain apparently neutral rules or
measures have a disproportional adverse impact on one specific
group compared to others
•HRC: Singh Bhinder v. Canada, 1989
Human Rights & Globalization 2023
What is formal and substabnsive equality?
• Substantive equality: unequal cases must be treated
unequally
What is the nature of art.14 echr?
existence: never violation of article
14 considered in isolation
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Scope of protection of article 14 ECHR, what is considered discrimination?
1. Differential treatment;
2. Without legitimate aim (no objective and reasonable
justification)
3. Proportionality between means and aim
What is the burden of proof
• Applicant: differential treatment in analogous
situations
• State: justification: Legitimate aim (objective reasonable
justification,proportionality)
For which crimes is a high threshold art.14 echr?
High treshold for grounds of sex, nationality, religion,
birth status, sexual orientation (hardly any margin of
appreciation)
Human Rights & Globalization 2023
What does protocol 12 of the echr do?
•Shift in emphasis: from prohibition of discrimination to right
of equality
What is the comparision between protocol 12 and art.14 echr?
Comparison with article 14 ECHR:
• Article 14: differential treatment in area within ambit of
Convention
• Protocol No. 12: differential treatment in enjoyment of
any right set forth in national law
UN conventions: what is the ICCPR and art.26?
discrimination clause (art. 26)
most comprehensive non-discrimination guarantees
UN conventions: ICeSCR art.2 and art.3?
equality (art. 3)
Immediate obligation: not subject to availability of
resources nor to progressive realization
General Recommendation No. 32 CERD special measures
Special measures:
• temporary
• avoid raising another imbalance
• Fair, proportionate
• Based on data
• Prior consultation affected communities
Non-discrimination in its core but the treaty
goes beyond. New ways of seeing common
rights: crpd
- Re-affirmation
-Reformulation
-Extension
-New rights?
What is the crpd perspective? And who is a party to this convention?
perspective
How has non discrimination evolved?
How is the convention against torture important to discrimination?
What kind of clausule is art.26 ICCPR?
How does the echr asses discrimination and non discrimination?
diffrent treatment
legitmate aim?
proportionality between means and aim.
This can be difficult like with the veils.
What is affirmative actiobn and preferences
?
affrimative preference. Most extreme version of that are the quotas
UN Doc. E/CN.4/Sub.2/2002/21. The Concept and
Practice of Affirmative Action, final report by specialsummary
rapporteur, Mr. Marc Bossuyt
What is the argumenyt in this report?
The question on the page originate from the summary of the following study material:
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- Never study anything twice again
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