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Racism and Equality

Mark Bell

in Racism and Equality in the European Union

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199297849
eISBN:
9780191711565
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297849.003.0003
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines the meaning of equality, in the context of racism. It identifies two dominant concepts of equality: formal and substantive. It analyses critically the usefulness and ... More


Human Rights Transformed: Positive Rights and Positive Duties

Sandra Fredman FBA

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199272761
eISBN:
9780191709814
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272761.001.0001
Subject:
Law, Human Rights and Immigration

This book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all rights give rise. Human rights have ... More


Equality

Sandra Fredman

in Human Rights Transformed: Positive Rights and Positive Duties

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199272761
eISBN:
9780191709814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272761.003.0008
Subject:
Law, Human Rights and Immigration

This chapter examines the interaction between equality of status, found in anti-discrimination law, and distributive equality, found in the Welfare State and socio-economic rights. The development of ... More


Women and education: the right to substantive equality

Sandra Fredman

in Human Rights and Equality in Education: Comparative Perspectives on the Right to Education for Minorities and Disadvantaged Groups

Published in print:
2018
Published Online:
January 2019
ISBN:
9781447337638
eISBN:
9781447337676
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447337638.003.0007
Subject:
Education, Educational Policy and Politics

This chapter studies the right to substantive equality in education. The right to equality demands much more than parity for girls and boys in education. Simply requiring parity ignores the ... More


Human Rights Values Refashioned: Liberty, Equality, and Solidarity

Sandra Fredman

in Human Rights Transformed: Positive Rights and Positive Duties

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199272761
eISBN:
9780191709814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272761.003.0002
Subject:
Law, Human Rights and Immigration

This chapter argues that human rights hold out more than just the promise of freedom from State interference. Drawing on the work of Sen, Nussbaum, Sunstein, Rawls and others, it is argued that human ... More


Non-Discrimination and Equality as the Foundations of Peace

Vibeke Blaker Strand

in Promoting Peace Through International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198722731
eISBN:
9780191789496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198722731.003.0012
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter demonstrates that principles of equality and non-discrimination are fundamental components of international human rights law. The primary goal of legal instruments that aim for ... More


Taxation as a Human Rights Issue: Gender and Substantive Equality

Sandra Fredman

in Tax, Inequality, and Human Rights

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190882228
eISBN:
9780190882266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882228.003.0004
Subject:
Law, Human Rights and Immigration

This chapter suggests a four-dimensional conception of substantive equality to evaluate the gendered impacts of taxation policies from a human rights perspective. The four-dimensional framework of ... More


How Empty Is the Idea of Equality?*

Kent Greenawalt

in From the Bottom Up: Selected Essays

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199756162
eISBN:
9780190608897
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756162.003.0011
Subject:
Political Science, Political Theory

“How Empty is the Idea of Equality” analyzes the idea of equality, as it figures in moral assessments and decisions, and may also matter in various legal contexts, such as sentencing. It essentially ... More


The International Trade Regime in Perspective

Srividhya Ragavan

in Patent and Trade Disparities in Developing Countries

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199840670
eISBN:
9780199949786
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199840670.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter explores the global trade regime, which viewed substantive equality as the first step towards true equality. It defines the terms substantive equality and barriers-to-trade, and then ... More


Right to Equality

Po Jen Yap

in Constitutional Dialogue in Common Law Asia

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198736370
eISBN:
9780191799969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736370.003.0008
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter maps out the four models of equality that are applied by the appellate courts in Malaysia, Singapore, and Hong Kong when they interpret the general equal protection clauses of their ... More


Overcoming Dehumanization

Mari Mikkola

in The Wrong of Injustice: Dehumanization and its Role in Feminist Philosophy

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190601072
eISBN:
9780190601119
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190601072.003.0009
Subject:
Philosophy, Feminist Philosophy, Moral Philosophy

Chapter 7 outlined three core forms of injustice: (1) discrimination: unjust differential treatment that results in indefensible inequalities in the distribution of socially relevant goods; (2) ... More


India’s Rule of Law: A Theoretical Analysis

Harish Narasappa

in Rule of Law in India: A Quest for Reason

Published in print:
2018
Published Online:
January 2019
ISBN:
9780199484669
eISBN:
9780199093717
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199484669.003.0002
Subject:
Law, Constitutional and Administrative Law

The provisions of the Constitution, mainly the Preamble and Parts III and IV are examined and analysed to evaluate if they go beyond formalism. Focusing on equality, fraternity, and liberty as ... More


“Taxing for Growth” vs. “Taxing for Equality”—Using Human Rights to Combat Gender Inequalities, Poverty, and Income Inequalities in Fiscal Laws

Kathleen A. Lahey

in Tax, Inequality, and Human Rights

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190882228
eISBN:
9780190882266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882228.003.0020
Subject:
Law, Human Rights and Immigration

This chapter highlights the inadequacy of current measures to mitigate the regressive impacts of value-added tax (VAT), particularly on women as individuals, female-headed households, and ... More


Challenging the Divide: Socio-economic Rights as Human Rights

Sandra Fredman

in Comparative Human Rights Law

Published in print:
2018
Published Online:
December 2018
ISBN:
9780199689408
eISBN:
9780191768293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199689408.003.0003
Subject:
Law, Comparative Law, Human Rights and Immigration

This chapter critically examines the ways in which civil and political rights have been distinguished from socio-economic rights, including differing ideologies, subject matter; obligations, resource ... More


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