While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging.
Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.
List of figures
Introduction to Equal Belonging in a Democratic Society
1 An Introduction to an Interpretation of Equal Protection of the Laws and Integration in Terms of Belonging 3
2 Democratic Society
The Scope of the Right to Democratic Belonging; the Right to Equal Belonging
3 The Right to Secure Belonging in a Community of Equals
4 The Right to "Free-Identity" Belonging in a Community of Equals
5 The Right to a Minimum Comfortable Belonging in a Community of Equals
6 Grounds of Unequal Belonging
7 The Minimum Content of the Right to Equal Belonging in Democratic Society
8 Conclusions on the General Theory
Executive Summary of the General Theory
Glossary of basic terminology of the general Theory of the Right to Democratic Belonging
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.