principle of equal treatment
- Definition (s) The principle that there shall be no direct or indirect discrimination Search for available translations of the preceding link EN ••• based on racial or ethnic origin, sex ...
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Is the principle of equal treatment a fundamental right?
More recently, it has been argued in the Dutch literature that the principle of equal treatment acts at three levels: first, it constitutes an abstract framework which binds the legislator; [9] it is a horizontal principle which constrains public administration; [10] thirdly, it is regarded as a fundamental right of any citizen. [11]
What are the principles of fair and equitable treatment?
The second principle, concerning fair and equitable treatment, sets forth the vision that Federal personnel management be free of unfair treatment and discrimination, where decisions are made solely on legitimate merit-based considerations.
What does equal treatment mean in the German constitution?
Article 3 of the German Constitution also defines ‘equal treatment’ as the equality of all persons before the law. [5] Despite the central place in the constitutions under analysis, the principle of equal treatment is a relatively recent creation of law.
Does the Aristotelian formula ‘treat equal citizens equally’ mean what it means?
Although the Aristotelian formula ‘treat equals equally and unequals unequally’ is still today widely accepted as a general formulation of the principle of equal treatment, [12] it is too vague to truly reflect the meaning of this principle. [13] Treating citizens ‘equally’ is a relative concept.
What does equal treatment mean?
Equal treatment refers to the legal protection all employees have to the same rights as any other employee. Most commonly, this legal doctrine is used in discharge cases to ensure that an employer is treating all employees fairly.
What is the right to equal treatment?
All people have the right to be treated equally. This means that laws, policies and programs should not be discriminatory, and also that public authorities should not apply or enforce laws, policies and programs in a discriminatory or arbitrary manner.
Does equality mean equal treatment?
227), moral equality can be understood as prescribing treatment of persons as equals, i.e., with equal concern and respect, and not the often implausible principle of providing all persons with equal treatment.
What are the four principles of equality?
The content of the right to equality includes the following aspects: (i) the right to recognition of the equal worth and equal dignity of each human being; (ii) the right to equality before the law; (iii) the right to equal protection and benefit of the law; (iv) the right to be treated with the same respect and ...
Why is equal treatment necessary?
1. The principle of equal treatment prohibits employers and legislators from treating similarly situated women and men differently because of their gender. are to assure women and men equal opportunities in the work place and to eliminate gender discrimination gradually.
Why is it important to have equal protection?
Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.
What is equality of opportunity and treatment?
Equality of opportunity and treatment in employment and occupation means that all persons, regardless their sex,2 ethnicity, religious belief or any other personal characteristic, can participate in and contribute to the labour market according to their capacity, without interference of discrimination or bias.
What is the concept of equality?
What is equality? Equality is about ensuring that every individual has an equal opportunity to make the most of their lives and talents. It is also the belief that no one should have poorer life chances because of the way they were born, where they come from, what they believe, or whether they have a disability.
What are some examples of equality?
15 Examples of Equality in Society#1. Racial equality. ... #2. Gender equality. ... #3. LGBTQ+ equality. ... #4. Marriage equality. ... #5. Equality for disabled people. ... #6. Income equality. ... #7. Equal employment access. ... #8. Religious equality.More items...
What is the example of principle of equality?
3.3 The principle of equality of treatment This Principle requires for example pupils to be treated equally, receiving, for example, the same teaching and the same provisions, despite their differences of ability, aptitude and need.
What are the 3 types of equality?
III. Types of Equality:Natural Equality: Despite the fact that men differ in respect of their physical features, psychological traits, mental abilities and capacities, all humans are to be treated as equal humans. ... Social Equality: ... Civil Equality: ... Political Equality: ... Economic Equality: ... Legal Equality:
What are the basic principles of equality and equity?
Equality means each individual or group of people is given the same resources or opportunities. Equity recognizes that each person has different circumstances and allocates the exact resources and opportunities needed to reach an equal outcome.
What is the principle of equal treatment?
The principle of equal treatment (equal protection or equality) has been described as ‘the standard’ of the Dutch Constitution. [1] Article 1 imposes the equal treatment of all inhabitants and forbids discrimination on any subjective ground. This is far from being a specificity of the Netherlands: the principle of equal treatment must be of cardinal importance for any state that wishes to qualify itself as a Rechtsstaat. [2] In the United States, the equal protection clause constitutionalized in the Fourteenth Amendment of the United States Constitution also safeguards ‘equality’. [3] This ‘equality’ has traditionally been defined in the literature as the ‘theory ... that every man’s civil liberty is the same [as] that of others - that all men are equal before the law in rights, privileges, and legal capacities’. [4] Article 3 of the German Constitution also defines ‘equal treatment’ as the equality of all persons before the law. [5]
Can a state enforce a law that abridges the rights or immunities of citizens?
No State shall make or enforce any law which shall abridge theprivileges or immunities of citizens of the United States; nor shall any Statedeprive any person of life, liberty, or property, without due process of law; nordeny to any person within its jurisdiction the equal protection of the laws’.
Is the Aristotelian formula for treating citizens equally and unequally?
Although the Aristotelian formula ‘treat equals equally and unequals unequally’ is still today widely accepted as a general formulation of the principle of equal treatment, [12] it is too vague to truly reflect the meaning of this principle. [13] . Treating citizens ‘equally’ is a relative concept.
Articles
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 (...)
Events
Webinar organised by Concurrences and Women’s Competition Network (WCN), in partnership with Compass Lexecon and Skadden, with Kristina Nordlander (Partner, Sidley Austin | Founder, Women’s Competition Network), Estefania Santacreu-Vasut (Associate Professor, ESSEC Business School), María Luisa Tierno Centella (Deputy Head of Unit, DG COMP), Ingrid Vandenborre (Partner, Skadden) and Elizabeth Xiao-Ru Wang (Executive Vice President, Compass Lexecon)..
Examples of Equal Treatment Principle in a sentence
The results of the studies carried out in 2013 will be published in 2014 in the form of a report from the series Equal Treatment Principle – Law and Practice.
Related to Equal Treatment Principle
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
What is the principle of equal treatment?
The principle of equal treatment is fundamental to the idea of justice, in international arbitration as in any adjudicative system. Arbitration conventions, rules and national laws unanimously impose a requirement, either express or implied, that the parties be treated equally throughout the arbitral process.
What is the purpose of Part III?
Part III also draws on jurisprudence on equal treatment protections in international human rights law to propose a methodology to assess procedural equal treatment claims in international arbitration. Finally, Part IV provides some concluding observations.
What is the second principle of fair and equitable treatment?
The second principle, concerning fair and equitable treatment, sets forth the vision that Federal personnel management be free of unfair treatment and discrimination, where decisions are made solely on legitimate merit-based considerations.
What is fair and equitable treatment?
“All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.”
What is the role of the MSPB in protecting the second merit system principle?
What is the MSPB’s role in protecting the second Merit System Principle? As its name implies, the Merit Systems Protection Board (MSPB) protects the merit system by adjudicating appeals within its jurisdiction.
What is the purpose of the Pendleton Act?
Requiring decision making without regard to political affiliation echoes the intent of the Pendleton Act of 1883 which replaced the patronage system with a merit system. Requiring decision making without regard to race, color, religion, national origin, sex, marital status, age, or handicapping condition echoes the purpose behind Title VII ...
