2021•Edward Elgar Publishing eBooksRequires access

Equality as a right

Giovanni Zaccaroni

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Abstract

The Chapter explores the dimension of ‘equality as a right’. It analyse the ability for the general prohibition of equality and non-discrimination in EU law to confer rights on individuals that they can rely in front of national and European Courts. This possibility will be explored departing from an overview of secondary legislation, followed by a substantial analysis of the major anti-discrimination laws. The Chapter, after an analysis of the mainstreaming of equality as a right, will conclude with the relationship between the Charter of Fundamental Rights and the principle and of the balance of equality with other fundamental rights.

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The Chapter explores the dimension of ‘equality as a right’. It analyse the ability for the general prohibition of equality and non-discrimination in EU law to confer rights on individuals that they can rely in front of national and European Courts. This possibility will be explored departing from an overview of secondary legislation, followed by a substantial analysis of the major anti-discrimination laws. The Chapter, after an analysis of the mainstreaming of equality as a right, will conclude with the relationship between the Charter of Fundamental Rights and the principle and of the balance of equality with other fundamental rights.

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Available abstract

The Chapter explores the dimension of ‘equality as a right’. It analyse the ability for the general prohibition of equality and non-discrimination in EU law to confer rights on individuals that they can rely in front of national and European Courts. This possibility will be explored departing from an overview of secondary legislation, followed by a substantial analysis of the major anti-discrimination laws. The Chapter, after an analysis of the mainstreaming of equality as a right, will conclude with the relationship between the Charter of Fundamental Rights and the principle and of the balance of equality with other fundamental rights.

Key concepts: Legislation, Charter, Political science, Fundamental rights, Mainstreaming, Balance (ability), Law, Law and economics

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