Definition The principle of equal treatment establishes that all people – and in the context of the workplace, all workers – have the right to receive the same treatment and not to be discriminated against on the basis of criteria such as age, disability, nationality, race and religion. Background and status
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What does the principle of equal treatment require?
The principle of equal treatment requires that all people, and in the context of the workplace all workers, have the right to receive the same treatment, and will not be discriminated against on the basis of criteria such as age, disability, nationality, race and religion. Council Directive 2000/78 of 27 November 2000 establishes...
What does the ICCPR say about equal treatment?
The right to equal treatment is also guaranteed in Articles 2(1) and 26 of the ICCPR. Like Article 14 ECHR, Article 2(1) guarantees equal treatment in relation to the substantive rights and freedoms protected by the Covenant. These include the right to respect for family life (Arts 17 and 23) and the freedom of religion (Art 18).
When does differential treatment apply equally under the law?
This reasoning also applies equally in situations where the differential treatment results from international obligations other than those concerning the EU right of free movement.
What does the ECtHR say about differences in treatment?
The ECtHR has also considered differences in treatment that did not result from obligations of EU law, but instead from bilateral agreements concluded by the respondent state. One of these cases, Koua Poirrez
What is equal treatment under the law?
It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law.
What does the right to equal treatment means?
Definition. The principle of equal treatment establishes that all people – and in the context of the workplace, all workers – have the right to receive the same treatment and not to be discriminated against on the basis of criteria such as age, disability, nationality, race and religion.
What did Equal Rights Amendment do?
On March 22, 1972, the Equal Rights Amendment is passed by the U.S. Senate and sent to the states for ratification. First proposed by the National Woman's political party in 1923, the Equal Rights Amendment was to provide for the legal equality of the sexes and prohibit discrimination on the basis of sex.
What is the right to equal treatment before the law?
' Thus, the right to equal treatment requires that all persons be treated equally before the law, without discrimination. The principle of equality and non-discrimination guarantees that those in equal circumstances are dealt with equally in law and practice.
What is right to equality in Indian Constitution?
The Constitution of India has granted the right to equality to all citizens. All are equal before the law and there can be no discrimination on the basis of religion, race, caste, gender, place of birth, etc.
What is equality define with example?
Equality is defined as the condition of being equal, or the same in quality, measure, esteem or value. When men and women are both viewed as being just as smart and capable as each other, this is an example of equality of the sexes. noun.
What is the Equal Rights Amendment quizlet?
Equal Rights Amendment. The proposed Equal Rights Amendment (ERA) states that the rights guaranteed by the Constitution apply equally to all persons regardless of their sex.
When was the equal rights Act passed?
1972When the Equal Rights Amendment (ERA) was passed by Congress in 1972, it was the culmination of a fight that had already lasted nearly four decades—and is still far from over.
What are the constitutional rights?
They guarantee rights such as religious freedom, freedom of the press, and trial by jury to all American citizens. First Amendment: Freedom of religion, freedom of speech and the press, the right to assemble, the right to petition government. Second Amendment: The right to form a militia and to keep and bear arms.
What is right of equality?
Right to Equality. The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person's status. This is called the rule of law.
What is equality before law in India?
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
What is meant by equal protection of law Upsc?
It means that the law should be applied to everyone equally and equitably. As a result, it is a positive concept implying the right to equal treatment under the same conditions. CHECK ELIGIBILITY DOWNLOAD EXAM GUIDE. UPSC Mains Practice Question: What is meant by 'equal protection of law' [UPSC 1993]
What does "protection must extend to all people" mean?
Protection must extend to all people. This means fair and equal treatment of all. Observe a position of neutrality—act with firmness—this is not belligerence or unreasonable force. After an order is given, it must be enforced for the preservation of the public peace and the carrying out of the traditional mission of protecting life and property to ensure the basic rights of all people.
How difficult is it to specify who has obligations of justice?
How difficult it is to specify who has obligations of justice will often depend on the level or kind of interaction in question and on the conception of justice being applied. Determining who has obligations of justice as fair process in a discrete, contractual relationship between distinct individuals may be fairly simple. Determining who has the obligation to ensure that certain social institutions or institutional systems conform to requirements of justice as fair return may be more difficult. These problems may be compounded when the institutions or the interactions in question straddle national boundaries.
What are the lines of research that best reflect this intersection?
The lines of research that best reflect this intersection are those that have used multimethod approaches for analyzing peer rejection, such as social cognition and reasoning about exclusion, group identity, and intergroup attitudes (intergroup social exclusion), along with emotional experiences, friendship relationships among children, individual difference assessments, and potential at-risk factors for psychopathology and maladaptive outcomes (interpersonal victimization). We propose that this approach will help formulate the types of developmental interventions that will work to address social exclusion and victimization.
Why should resources be allocated in line with health care needs?
The idea that health care resources should be allocated in line with health care needs has a strong intuitive appeal. If those most in need are also those who can most benefit from health care, then under the efficiency objective of maximizing health gain, equity and efficiency are not in conflict: the same allocation of resources advances both efficiency and equity [ Culyer (1989, 1990 )]. Hence, the principle of allocation according to needs had received considerable attention within health economics, particularly among extra-welfarists.
Should there be equal treatment for all?
Whether hiring, promoting, or terminating people, there needs to be equal treatment for everyone. Even with dress codes, you need to have the same style of dress for both genders so it cannot be casual for men but “business” dress for women, or vice versa. We need to get away from outdated fashion standards where genders had major expectations for dress that become a stereotype. All job actions need to be handled without bias and in consistent ways.
Is morality a form of prejudice?
Intergroup exclusion, defined as exclusion based on group membership, such as gender, race, ethnicity, religion, nationality, or disability (and other categories), is often, but not always, viewed as a form of prejudice. Most of the research on intergroup exclusion examines the role of group norms, group identity, and various forms of implicit and explicit bias to understand the emergence, maintenance, and perpetuation of prejudicial and discriminatory attitudes. Yet, prejudicial and discriminatory treatment of others also reflects attitudes and behavior that are unfair, and involving unequal treatment of others. Only recently has intergroup exclusion and prejudice been investigated from the moral development viewpoint (see Killen & Rutland, 2011 ); prejudice involves the violation of moral judgments about prescriptive norms for how to treat others, and how children evaluate prejudice from a moral viewpoint has provided a new window into its origins.
Examples of The principle of equal treatment in a sentence
The principle of equal treatment is a general principle of Union law.According to general principles of Union law and settled case-law, that principle requires that comparable situations must should not be treated differently and that different situations must should not be treated in the same way unless such treatment is objectively justified.
Related to The principle of equal treatment
National Treatment NT shall not apply to any measure affecting the type of activities which may be conducted on land or the usage of land, including but not limited to, land zoning, land use and urban planning policies. Urban Redevelopment Authority Act, Chapter 340, 1985 Revised Edition
Equal treatment in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of equal treatment.
Resources
Online translation of the English legal term equal treatment into Spanish: igualdad de trato (English to Spanish translation) . More about legal dictionary from english to spanish online.
English Legal System: Equal Treatment
In the context of the English law, A Dictionary of Law provides the following legal concept of Equal Treatment : The requirement, enshrined in the Treaty of Rome, that nationals of one EU state moving to work in another EU state must be treated in the same way as those workers of the state to which they have moved.
Overview and more information about Equal treatment
For a more comprehensive understanding of Equal treatment, see in the general part of the online platform.
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What does "protection must extend to all people" mean?
Protection must extend to all people. This means fair and equal treatment of all. Observe a position of neutrality—act with firmness—this is not belligerence or unreasonable force. After an order is given, it must be enforced for the preservation of the public peace and the carrying out of the traditional mission of protecting life and property of citizens to assure the basic rights of all people.
What is the most cynical bill of rights?
Many bills of rights are cynically promulgated or fall into obsolescence, often in countries where military juntas take over. The most cynical of all were probably the Soviet and other East European efforts, which were often painstakingly crafted by experts, incorporating the most forward-looking thinking, without any intent of implementation, but to stake a claim of progressive leadership to impress external adherents. Even within the Eastern bloc, however, dissidents carefully memorized provisions, acting as if they expected their rights to be respected.
What is the nature of scientific method?
The nature of the scientific method is the permanent questioning of existing proofs and practices. For example, in medicine, it results in a continuing revision of therapeutic practices and rehabilitative techniques. Naturally, a continuing tension and conflict develops between the ever-changing medical-therapeutic approach and the desire of the CJS to retain humanistic principles of equity, rights, and equal treatment before the law. This situation threatens its coherence and creates an increasing vulnerability for the CJS, especially to its claims of legitimacy.
What does "treatment" mean?
Your treatment of someone is the way you behave towards them or deal with them.
What happens when different groups of people have equal rights?
If different groups of people have equal rights or are given equal treatment, they have the same rights or are treated the same as each other, however different they are.
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A law dated 18 October 2021 aiming at protecting the payment of farmers, known as "EGalim 2", reforms distribution law by targeting the food sector. Upstream, the "contractualization" regime between producers and their first buyers is reinforced. Downstream, suppliers and distributors must (...)
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What is the principle of equal treatment?
This principle is often conveyed by the formula that ‘equal situations must be treated in the same way and unequal situations must be treated differently to the degree of their inequality’ . 1 Yet the meaning of the equal treatment principle does not lend itself to precise definition. As various authors have noted, the requirement for equal situations to be treated the same way is of a formal nature and does not tell us when two cases are equal or what equal treatment consists of. 2 The determination that situations are equal or unequal always, therefore, rests on a value judgement that is external to the equal treatment principle itself. 3 The same is true with regard to the question of whether a particular form of unequal treatment is nevertheless acceptable because of being based on a reasonable justification (section II.C). Because of this ‘normative indeterminacy’, 4 the equal treatment principle as such provides little guidance with regard to the issues addressed in this chapter. Nevertheless, the principle has been translated into a number of legal norms, including provisions in human rights treaties. Through the formulation and application of such norms, the equal treatment principle has gained content. The relevant legal provisions are described below.
What is differential treatment?
It is generally accepted under international law that such distinctions are justified, at least within the context of immigration policy. 44 However, states can also differentiate between aliens of different nationalities, as is the case under the Act on Integration Abroad. In this situation the differentiation ground is also nationality, but the distinction is not between nationals and non-nationals. It is this latter form of differential treatment that is investigated in this section. To avoid terminological confusion, however, the first type of differential treatment (between nationals and non-nationals) is henceforth referred to as ‘differential treatment on the grounds of alienage’. Where mention is made of ‘differential treatment on the ground of nationality’, this refers to a differentiation between aliens.
What is differential treatment on the basis of nationality?
This section examines the legal standards set by the above provisions on differential treatment on the basis of nationality, especially in admission cases. First, however, a preliminary remark is made about the meaning of the term ‘nationality’. In section III.A a distinction is drawn between nationality and the related concepts of alienage and national origin. It is also argued that nationality – unlike national origin – is not a forbidden discrimination ground within the meaning of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Section III.B then assesses whether nationality qualifies as a ‘suspect ground’, which would imply that differentiations based on this ground will require very strong justification. Next, the reasons for justification are discussed in section III.C. As the reasons that could be adduced to justify differential treatment are in principle unlimited, this chapter focuses on the reasons provided by the Dutch government in relation to the AIA. Section III.D discusses Dutch case law with regard to differential treatment on the grounds of nationality, in particular where the AIA is concerned.
What is the difference between Article 19 and Article 21?
Article 19 TFEU prohibits discrimination on a limited number of grounds that are not relevant to the topics raised in this chapter. Article 21 (1) of the Charter, on the other hand, applies to discrimination on ‘any ground’. While it can be derived a contrario from Article 21 (2) that this does not include nationality-based discrimination, it is submitted that Article 21 (1) does in principle apply to differential treatment on the grounds of residence purpose. It may further be recalled that the provisions of the Charter apply to acts of the EU institutions, as well as to acts of the Member States, when they implement EU law. 16
Is nationality based differential treatment of third country nationals considered a principle of non-discrimination?
Other authors have suggested meanwhile that nationality-based differential treatment of third-country nationals could possibly be examined under the principle of non-discrimination, which has been designated by the CoJ as a general principle of EU law. 15 Again, however, there are no indications that the scope of this principle is broader than that of the non- discrimination provisions of the TFEU and the Fundamental Rights Charter.
Does Article 21 apply to nationality discrimination?
While it can be derived a contrario from Article 21 (2) that this does not include nationality-based discrimination, it is submitted that Article 21 (1) does in principle apply to differential treatment on the grounds of residence purpose.
Is equal treatment a violation of the Dutch Constitution?
Clearly however, not all differential treatment constitutes a violation of these provisions. Law-making typically entails the use of distinctions and categorisations, and it is therefore hard to see how a legal system could be maintained without any form of differential treatment. 21 When, for example, implementing measures in the field of education, distinctions may be made between children with and without disabilities or with different learning capabilities. Such forms of differential treatment are not normally regarded as problematic from a legal perspective because they are based on reasons considered acceptable. Consequently, the right to equal treatment only prohibits differential treatment that cannot be justified. 22
Summary
Summary Equality is a concept open to many interpretations in the legal domain, with equality as equal treatment dominating the scene in the bureaucratic nation-state.
Introduction
The concept of equality can be interpreted as a reformulation of the principle of non-discrimination in employment matters (Berg, 1964 ).
A Typology of Equality Legislation
Inherited from the Enlightenment, equality is a general and overarching constitutional principle found in most legal systems, while earlier sources can be traced to the scriptures. France and the United States are the first countries that enshrined equality in their foundational legal bases. As mentioned in the Preamble to the U.S.
Moving Along the Typology
In many countries, for a given category (i.e., gender, Blacks, ethnic groups, immigrants of certain national or ethnic origins, or their descendants), states often had to repeal discriminatory legislation before they introduced anti-discrimination legislation (Klarsfeld et al., 2012 ). For instance, after World War II successive U.S.
Coverage of Laws in Terms of Criteria and Sectors
In most countries equal treatment laws, when they exist, apply across all sectors (i.e., public and private). They also apply to a generally large and growing number of criteria.
Enforcement and Sanctions
Regardless of whether a law is based on equal treatment or a mandate to report, act, progress, or achieve an outcome, it will meet with little success if there are no enforcement mechanisms in place (Lu, 2019 ).
Practical Implications for Organizations
As the workplace becomes more global, an increasing number of employers are employed by multinational corporations. With organizations spanning a variety of countries, they face different work cultures and national discrimination laws. Thus, the companies must deal with significant complexity which increases risks of non-compliance.
