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Full-Text Articles in Law
Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin
Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin
Peter G. Danchin
No abstract provided.
Equal Treatment And Objective Justification In Social Security Cases Under The European Convention On Human Rights, Mel Cousins
Equal Treatment And Objective Justification In Social Security Cases Under The European Convention On Human Rights, Mel Cousins
Mel Cousins
This article discusses recent UK case law on equal treatment and social security with particular reference on objective justification in two important recent decisions: the Supreme Court decision in Humphreys and the Court of Appeal’s judgement in Burnip. There has been a marked and progressive improvement in the analysis of equal treatment issues under the ECHR by the UK courts. Decisions of European Court have helped to clarify that Article 14 is not narrowly confined to the grounds set out in Article 14 and that a broader range of statuses are also covered. The more flexible approach to comparators has …
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
Yofi Tirosh
This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …
A Case Of Premature Litigation: Surrogacy, Equal Protection And Social Welfare Benefits, Mel Cousins
A Case Of Premature Litigation: Surrogacy, Equal Protection And Social Welfare Benefits, Mel Cousins
Mel Cousins
The issue of surrogacy in Irish law has received considerable (if somewhat belated) attention following the decision of the High Court to recognise a surrogate mother as the child’s mother for the purposes of birth certification. The Equality Tribunal has also referred to the European Court of Justice a complaint in which it has been argued that the failure to provide leave to a surrogate mother was in breach of EU and international law. A claim has also been brought under the Equal Status Acts (ESA) arguing that the failure of the Department of Social Protection (DSP) to provide a …
Rational Basis With Bite In Minnesota: Unemployment Benefits And Personal-Care Assistants, Mel Cousins
Rational Basis With Bite In Minnesota: Unemployment Benefits And Personal-Care Assistants, Mel Cousins
Mel Cousins
The Minnesota court of appeals has recently come to an interesting decision on equal protection and insurability of workers, ruling – in Weir v ACCRA Care - that the exclusion of certain personal care assistants (PCA) from the unemployment insurance scheme was in breach of the Minnesota equal protection guarantee. This note examines this recent decision, contrasting it with the approach under the federal equal protection clause. The case is one of a number in different jurisdictions in which less favorable treatment of ‘family member’ carers has been struck down under equal protection and human rights law.