A right to equality and non-discrimination is widely seen as
fundamental in democratic legal systems. But failure to identify
the human interest that equality aims to uphold reinforces the
argument of those who attack it as morally empty or unsubstantiated
and weakens its status as a fundamental human right. This book
argues that an understanding of the human interest which equality
aims to uphold is feasible within the jurisprudence of the European
Court of Human Rights (ECtHR) and the European Court of Justice
(ECJ). In comparing the evolution of the prohibition of
discrimination in the case-law of both Courts, Charilaos Nikolaidis
demonstrates that conceptual convergence within the European
Convention on Human Rights (ECHR) and the EU on the issue of
equality is not as far as it might appear initially. While the two
bodies of equality law are extremely divergent as to the
requirements they impose, their interpretation by the international
judiciary might be properly analysed under a common light to
emphasise the substantive dimension of equality in European Human
Rights law. The book will be of great use and interest to scholars
and students of human rights, discrimination law, and European
politics.
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