Contested Equality: International and Comparative Legal Perspectives

Author: Elif Askin; Hanna; Stoll
Publisher: Edward Elgar Publishing
ISBN: 9781035325764
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Comparative in scope, this book explores current debates surrounding the legal notion of equality. It expertly analyses equality law from a range of different legal perspectives, divided into three categories: dimensions of inequality; framing and proceduralising inequality; and new frontiers of inequality.

Bringing together contributions from internationally recognised scholars, the book addresses the multifaceted dimensions of equality, exploring its complexities and challenges. Drawing from different areas of law, including human rights law and constitutional law, the book embarks on a critical examination of the conceptual, doctrinal and practical aspects of equality law. It surveys the normative foundations of equality, its operationalisation in different legal and institutional contexts, and the effectiveness of legal mechanisms in promoting equality. Chapter authors investigate key themes such as the tensions between formal and substantive equality and the impact of socio-economic, political and cultural factors on the realisation of equality rights.

Contested Equality is a fundamental resource for legal scholars and students of public international law, comparative law and constitutional law as well as political scientists, economists and philosophers working in the field of equality. Its theoretical and practical applications will also be beneficial to policymakers and legal practitioners advising on equality issues.

1.Introduction: contested equality 1

Elif Askin and Hanna Stoll

Questions of contested equality – an overview 17

Matthias Mahlmann

PART I. DIMENSIONS OF INEQUALITY

A fractured approach: poverty and racial discrimination before the CERD committee 28

Vandita Khanna

Is it discrimination, segregation or both? An interdisciplinary perspective on societal (‘de facto’) segregation in education 48

Merel Vrancken

Advancing access to social security: maternity protection and social justice for women in the informal economy 64

Janine Hicks

An uncharted territory awaiting to be uncovered: discrimination on the grounds of socio-economic status in