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Contested Equality
International and Comparative Legal Perspectives
9781035325764 Edward Elgar Publishing
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline, thanks to generous funding support of the University Research Priority Program (URPP) Equality of Opportunity of the University of Zurich.
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.
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.
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Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘The quest for equality, the companion of justice, is becoming more urgent the more people across the world see and feel inequalities in law, in wealth, and in life chances. This timely book helps offer rich reflection on old and new inequalities, possibly exacerbated by global capitalism, digitalisation, pandemics, and climate change. It also shows legal ways forward to address unfair inequalities in various social contexts and regions of the world.’
– Anne Peters, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany
‘What are the critical inequalities in today’s world? How is the law implicated in these inequalities? How, if at all, can guarantees of equality and non-discrimination help address them? This book offers a rich panoply of perspectives on these important questions. Inspiring and insightful.’
– Daniel Moeckli, University of Zurich, Switzerland
– Anne Peters, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany
‘What are the critical inequalities in today’s world? How is the law implicated in these inequalities? How, if at all, can guarantees of equality and non-discrimination help address them? This book offers a rich panoply of perspectives on these important questions. Inspiring and insightful.’
– Daniel Moeckli, University of Zurich, Switzerland
Contents
Contents
1.Introduction: contested equality 1
Elif Askin and Hanna Stoll
2 Questions of contested equality – an overview 17
Matthias Mahlmann
PART I DIMENSIONS OF INEQUALITY
3 A fractured approach: poverty and racial discrimination
before the CERD committee 28
Vandita Khanna
4 Is it discrimination, segregation or both? An
interdisciplinary perspective on societal (‘de facto’)
segregation in education 48
Merel Vrancken
5 Advancing access to social security: maternity protection
and social justice for women in the informal economy 64
Janine Hicks
6 An uncharted territory awaiting to be uncovered:
discrimination on the grounds of socio-economic status in
the Polish legal order 81
Adam Ploszka
PART II FRAMING AND PROCEDURALISING INEQUALITY
7 New agents for ethno-racial equality: identity politics,
vulnerabilities, and beyond 101
András László Pap
8 Conflicting interests? European national equality bodies
acting as (informal) mediators in discrimination complaints 119
Cathérine Van de Graaf
9 Understanding and accounting for socio-economic
inequalities in the current economic order: a business and
human rights perspective 143
Marta Piazza
PART III NEW FRONTIERS OF INEQUALITY
10 Procedural justice and the boundaries of environmental
law: a critical inquiry into Latin America 162
Thalia Viveros-Uehara
11 Interrelationship of legal gender identity and the right to
health of transgender persons in India 182
Amit Upadhyay and Arvind Tayenjam
12 Inequalities in digital trade and digital trade regulation 203
Mira Burri
13 The unequal battlefield: a critical reflection on the use of
fully autonomous weapons in situations of war 221
Sai Sathyanarayanan Venkatesh
14 Conclusion: reconsidering equality 242
Elif Askin and Hanna Stoll
1.Introduction: contested equality 1
Elif Askin and Hanna Stoll
2 Questions of contested equality – an overview 17
Matthias Mahlmann
PART I DIMENSIONS OF INEQUALITY
3 A fractured approach: poverty and racial discrimination
before the CERD committee 28
Vandita Khanna
4 Is it discrimination, segregation or both? An
interdisciplinary perspective on societal (‘de facto’)
segregation in education 48
Merel Vrancken
5 Advancing access to social security: maternity protection
and social justice for women in the informal economy 64
Janine Hicks
6 An uncharted territory awaiting to be uncovered:
discrimination on the grounds of socio-economic status in
the Polish legal order 81
Adam Ploszka
PART II FRAMING AND PROCEDURALISING INEQUALITY
7 New agents for ethno-racial equality: identity politics,
vulnerabilities, and beyond 101
András László Pap
8 Conflicting interests? European national equality bodies
acting as (informal) mediators in discrimination complaints 119
Cathérine Van de Graaf
9 Understanding and accounting for socio-economic
inequalities in the current economic order: a business and
human rights perspective 143
Marta Piazza
PART III NEW FRONTIERS OF INEQUALITY
10 Procedural justice and the boundaries of environmental
law: a critical inquiry into Latin America 162
Thalia Viveros-Uehara
11 Interrelationship of legal gender identity and the right to
health of transgender persons in India 182
Amit Upadhyay and Arvind Tayenjam
12 Inequalities in digital trade and digital trade regulation 203
Mira Burri
13 The unequal battlefield: a critical reflection on the use of
fully autonomous weapons in situations of war 221
Sai Sathyanarayanan Venkatesh
14 Conclusion: reconsidering equality 242
Elif Askin and Hanna Stoll
