A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ).
In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law.
The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Table of Contents
Introduction 1. Equality and the Quest for Substance 2. Substantive Equality in the European Court of Human Rights 3. Substantive Equality in the European Court of Justice 4. Defining Substance in European Equality Law Conclusion
Charilaos Nikolaidis holds an LLB (Hons) from City University London, an LLM (Hons) from University College London and a PhD in law from the Dickson Poon School of Law, King’s College London, where he also taught public law for several years. Dr Nikolaidis currently practices law in Greece.