Human Rights and European Equality Law

33 Pages Posted: 3 May 2006

See all articles by Christopher McCrudden

Christopher McCrudden

Queen's University Belfast - School of Law; University of Michigan Law School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Haris Kountouros

King's College London

Date Written: April 10, 2006

Abstract

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.

Suggested Citation

McCrudden, Christopher and Kountouros, Haris, Human Rights and European Equality Law (April 10, 2006). Oxford Legal Studies Research Paper No. 8/2006, Available at SSRN: https://ssrn.com/abstract=899682 or http://dx.doi.org/10.2139/ssrn.899682

Christopher McCrudden (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, Northern Ireland BT7 1NN
United Kingdom

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Haris Kountouros

King's College London ( email )

Strand
London, England WC2R 2LS
United Kingdom

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