Non-Discrimination in International and European Law: Towards Substantive Models
(2007) 25:2 Nordic Journal of Human Rights 140-157
Posted: 1 Oct 2013
Date Written: 2007
This article examines how ideas and approaches to non-discrimination law have developed in theory and in practice under international and European law. Firstly, the operative concepts of formal and substantive equality will be elaborated. Secondly, some key factors in a representative selection of examples from legislative developments and legal practice will be analysed in light of these concepts. It is argued that the analysis exhibits a development towards a paradigmatic shift from a formal approach to a substantive approach to non-discrimination. It is further argued that this represents an idea or value of inclusion that has become an intrinsic normative factor in the concept of non-discrimination.
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