This book explores the concept of a substantive right to equality
and considers the underlying rationale behind the right to equality
and non-discrimination within the European Convention on Human
Rights (ECHR) and the EU. The book sets out a theoretical basis for
the right to substantive equality before undertaking a careful
analysis of the jurisprudence of both the European Court of Human
Rights and the European Court of Justice in order to examine how
the two Courts have approached the question through their case-law.
The historical evolution of the prohibition of discrimination in
the two legal orders is traced in order to demonstrate how the
human interest safeguarded by a right to equality has developed and
continues to develop within the jurisprudence of the Strasbourg and
Luxembourg Courts. The book demonstrates how the right to
substantive equality is becoming increasingly relevant.It shows
how, despite the profound differences between the scope of ECHR and
EU equality law, the two Courts have been willing to move beyond
the apparent limitations of the written legal framework in several
instances with a view to extending the personal and the material
scope of what appears to be an emerging human right to equality.
General
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