Prohibition of Discrimination in UK Law
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The Outer Limits of the Prohibition of Discrimination on Grounds of Nationality: A Look through the Lens of Union Citizenship
This contribution analyses the outer limits of the EU prohibition of discrimination on the grounds of nationality. The first part considers the case law of the Court of Justice on the substantive s...
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Enhancing the Protection of Third-Country Nationals against Discrimination: Putting EU Anti-Discrimination Law to the Test
Non-discrimination and migration constitute two areas of EU law and policy that have greatly evolved since the entry into force of the Amsterdam Treaty. Both are of particular relevance to third-co......... relevance to third-country nationals whos e status, mobility and integration may depen d highly on EU migration law and the EU’s prohibition of discrimination. In between th ese two elds of EU law, there exists however a grey z one that remains insu ciently explored: it is a ......
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Reasonable Accommodation for Religious Minorities: A Promising Concept for European Antidiscrimination Law?
In both the United States and Canada, the concept of reasonable accommodation first emerged in equality law as a means of handling religious diversity. It was then applied to other grounds of discr.........Nonetheless, th e question whether a right to reasonable accommodation can be derived from the prohibition of discrimination based on religion laid down by the same Directive, or, alternatively, whether such right should be recognized in future European ......
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Fine-tuning non-discrimination law
This article explores the outer and inner boundaries of the prohibition of discrimination on grounds of age as established by European Union (EU) law and implemented in a selected number of member ......... for differential treatment on the ground of age in EU law Elise Muir Abstract This article explores the outer and inner boundaries of the prohibition of discrimination on grounds of age as established by European Union (EU) law and implemented in a selected number of member states. The case law of ......
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Overview of recent cases before the Court of Justice of the European Union (July – October 2018)
In the reporting period July-October 2018, the Court of Justice of the European Union (CJEU) delivered three rulings (Alpenrind, Walltopia, and Commission v Belgium) concerning the conflict rule fo......... of personal care benefits (A), the application of the prohibition of discrimination on grounds of disability to social security provisions ......
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Race Discrimination and the European Union Anno 1996: From Rhetoric to Legal Remedy?
The question of the legal competence of the EU to adopt binding measures to assist in combatting racial discrimination has traditionally not received much attention. The Treaty on European Union do......... The Treaty on European Union does not include a general prohibition of discrimination but only of (pay related) sex discrimination. Moreover, the Treaty provision outlawing discrimination on grounds of nationality ......
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Rethinking Sex Equality as a Human Right
This article critically examines the way the principle of sex equality is interpreted by several international, (quasi) judicial bodies. It argues that the current, mainly formal approach to equali......... that the current, mainly formal approach to equality and discrimination is in need of a fundamental reinterpretation towards a more substantive ... of equality analysis, based on the acknowledgement that the prohibition of discrimination is primarily directed at protecting historically ......
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Discrimination and Freedom of Contract
The aim of this article is to clarify the apparent antithesis between the fundamental private autonomy of the contractual parties and the right of a party not to be discriminated against and found .........' Theory that conceives of freedom of contract as autonomy- based and thus conditioned upon the respect of the prohibition of discrimination. INTRODUCTION The aim of this article is to clarify the persistent and controversial issue of racial ......
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Disability Discrimination by Association: A Case of the Double Yes?
In July 2008, the European Court of Justice (ECJ) ruled in Coleman v Attridge Law (Case C-303/06) that the European prohibition of discrimination based on disabilities (Directive 2000/78) applies w......... In July 2008, the European Court of Justice (ECJ) ruled in Coleman v Attridge Law (Case C-303/06) that the European prohibition of discrimination based on disabilities (Directive 2000/78) applies when the direct victim of discrimination is a person ......
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Finding hidden patterns in ECtHR’s case law
This article is concerned with identifying how contemporary data technology can be used to find and analyse the big amount of case law generated by international courts in a more comprehensive way .........Using this approach to advance new insights into the prohibition of discrimination under Article 14 of the European Convention on Human ......
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