Human Rights and European Equality Law
33 Pages Posted: 3 May 2006
Date Written: April 10, 2006
This paper provides an analysis of the evolving human rights and equality contexts within which the EU equality and non-discrimination Directives were developed and continue to operate. Part I sets out a theoretical framework for considering the variety of differing conceptions of equality that we shall subsequently identify as operating in European equality and human rights law. We then trace how these differing approaches are seen in the differing areas of Community law in which equality features. Part II sets out the international, regional and domestic human rights law on equality and non-discrimination, which has played and will continue to play an important role in the development of European Community (EC) human rights and equality law. In Part III we focus on human rights and equality in EC Law more specifically and place human rights in the context of Community values and objectives. Additionally, we discuss the role of the Charter of Fundamental Rights and of the Lisbon strategy in the continuing evolution of rights in the Community legal order. We also consider some notable current and likely future developments in the area of equality and human rights in the Community. In Part IV we turn to consider some more theoretical issues, including the differing conceptions of rights generally, and return to consider the implications of the differing approaches to equality and non-discrimination, that are apparent in these differing contexts.
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