In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since relevant equality provisions often do not offer much guidance as to the assessment of unequal treatment. This lack of guidance may lead to diverging approaches and outcomes, which is undesirable from the perspective of equality and legal certainty. The use of the assessment model developed in this study will improve judicial reasoning and enhance the legitimacy of equal treatment case law. The general assessment model developed in this study is...
In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since rel...
Concern over the relationship between human rights, social justice and international trade competitiveness has led to the inclusion of the issue of the rights of workers in the agenda of leading international organizations. International labour issues once seen as a monopoly preoccupation of the ILO (International Labour Organization) have now become important issues in other international organizations, as well as within regional trading blocs. This original study examines the extent to which international labour issues have become issue of concern within the European Union, the ILO, the...
Concern over the relationship between human rights, social justice and international trade competitiveness has led to the inclusion of the issue of th...
In 1997, the Council of Europe established the Convention on Human Rights and Biomedicine. It is generally regarded as an important addition to the general human rights laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), in particular with a view to the developments in modern biology and medicine. The Biomedicine Convention, which entered into force in 2000, is a framework treaty, meaning that a number of issues have to be dealt with or will be elaborated in additional Protocols; at this moment, three such Protocols have already been opened...
In 1997, the Council of Europe established the Convention on Human Rights and Biomedicine. It is generally regarded as an important addition to the ge...
One of the aims of the United Nations Convention on the Rights of the Child is to accord due recognition to the fact that 'the child, by reason of his phsyical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth'. However, a question mark hangs over the extent to which 'special safeguards and care' can negatively impact on the rights of the child and result in discrimination against the child in the guise of 'his physical and mental immaturity'. This volume explores the extent to which children's rights are secured at...
One of the aims of the United Nations Convention on the Rights of the Child is to accord due recognition to the fact that 'the child, by reason of his...
Massive, shocking violations of human rights are taking place in conflicts, crises, and emergencies around the world. There is broad agreement that human rights must be protected in the field, on the ground, where prople are vulnerable. But how is this to be done? There is a crisis of protection world-wide. Human rights and humanitarian organizations are in a quandry. They have all sounded the alarm. But how can protection be extended to those at risk, whether it be children, women, civilians, non-combattants, or the victims of oppression and violence? This is one of the first books to...
Massive, shocking violations of human rights are taking place in conflicts, crises, and emergencies around the world. There is broad agreement that hu...
Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significant decision of the ECHR was decided on the subject, and after that, cases were relatively few for many years. It is only recently that this has begun to change. This volume provides an account of where the law currently stands and speculation as to how it may develop. The initial chapters deal with substantive aspects of Convention rights (including issues of detention in institutions, conditions within institutions, medical treatment, problems...
Mental disability has come of age as a subject of concern under the European Convention on Human Rights. It was only in 1979 that the first significan...
Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights standards and institutions. The political climate during the Cold War created many obstacles, but the fall of the Berlin Wall in 1989 and its aftermath during the following decade created a sense of promise and progress among human rights scholars and actors. Yet, today, actions, statements and initiatives questioning the legitimacy and validity of human rights, or even threatening their very existence, have become a regular part of current...
Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights st...
This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employment. It examines the mechanisms and characteristics of systemic discrimination and the shortcomings of complaint-based laws. Yet these characteristics can also inform employers and government authorities of the kinds of preventive action that help alleviate systemic discrimination at the workplace. In its search for a rational government policy response to systemic discrimination, the book evaluates selected legal regimes which impose proactive...
This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employmen...
When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The...
When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its internation...
The Greater Philadelphia Philosophy Consortium was launched in the early eighties. It began during a particularly lean period in the American economy. But its success is linked as much to the need to be in touch with the rapidly changing currents of the philosophical climate as with the need to insure an adequately stocked professional community in the Philadelphia area faced, perhaps permanently, with the threat of increasing attrition. The member schools of the Consortium now include Bryn Mawr College, the University of Pennsylvania, Temple University, and Villanova University, that is, the...
The Greater Philadelphia Philosophy Consortium was launched in the early eighties. It began during a particularly lean period in the American economy....
