Arnadóttir, Oddný Mjöll
자료유형 | 단행본 |
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개인저자 | Arnadóttir, Oddný Mjöll, author. |
서명/저자사항 | Equality and Non-Discrimination under the European Convention on Human Rights:Oddný Mjöll Arnadóttir. |
발행사항 | 2002. |
형태사항 | 1 online resource. |
총서사항 | Brill Book Archive Part 1, ISBN: 9789004472495. International Studies in Human Rights ;74 |
총서부출표목 | Brill Book Archive Part 1.International studies in human rights ;74. |
기타형태 저록 | Print version: Equality and Non-Discrimination under the European Convention on Human Rights. Leiden ; Boston : Brill | Nijhoff, 2002, 9789041119124 |
ISBN | 9004481532 9789041119124 9041119124 9789004481534 |
기타표준부호 | 10.1163/9789004481534 |
일반주기 |
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.
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서지주기 | Includes bibliographical references and index. |
요약 | 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 recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional 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 influences the strictness of review. |
일반주제명 | Discrimination -- Law and legislation -- Europe. Discrimination -- Law and legislation. Equality before the law -- Europe. Judicial aspects. Égalité devant la loi -- Europe. Discrimination -- Law and legislation. Equality before the law. |
주제명(지명) | Europe.fast |
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