What is equal treatment and why is it important?
Equal treatment plays a key role in the European Pillar of Social Rights, formally proclaimed by the EU institutions on 17 November 2017. In fact, it is at the core of the Pillar’s first category: equal opportunities and access to the labour market.
Why is unequal treatment of human research subjects an ethical issue?
Unequal treatment of human research subjects is a significant ethical concern, because justice requires that equals be treated equally. If two research subjects are the same in the relevant respects, they should be treated equally.
What is equal treatment for migrants?
The term ‘equal treatment’ has a distinct use / meaning when used in the context of bilateral social security agreements between EU Member States as per Regulation (EU) No 465/2012 on the coordination of social security systems. 3. For more information see EMN: Migrant Access to Social Security and Healthcare – policy and practice, 2014
What is the difference between allegedly unequal treatment and patently unequal treatment?
Allegedly unequal treatment occurs when subjects are treated differently and there is a serious dispute about whether subjects are the same in relevant respects. Patently unequal treatment occurs when there is no significant dispute about whether subjects are the same in relevant respects and they are treated unequally.
What is the equal treatment?
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 does it mean equal treatment under the law?
Also known as equality before the law, or isonomy, the basic principle recognizes that all individuals should be treated in exactly the same manner by the law, while all persons should be subject to the same laws.
Is equal treatment fair treatment?
To sum up, fair treatment means you treat all your students in a non-discriminatory manner regardless of their race, color, national origin, sex, or disabilities. Conversely, equal treatment of students means you give everyone in your class the same opportunity to learn.
Is unequal treatment always discrimination?
In daily life we distinguish between people all the time, based on age, gender, background, you name it. We do not always treat everyone equally. Because everyone is not the same. So, it is normal to distinguish between people and to treat them unequally.
What is Article 14 all about?
Article 14 requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination. Discrimination occurs when you are treated less favourably than another person in a similar situation and this treatment cannot be objectively and reasonably justified.
What does the Article 15 of the Indian Constitution state?
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
Should all students be treated equally?
Treating students equally offers all students at all social, emotional, and learning levels the same materials, timetables, and pathways to achieve the same learning goals. The simple solution for this is to rely on differentiation.
Is everyone treated equally under the law?
Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination or bias.
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.
What can we do if we see that someone is not being treated equally?
What can you do to treat people equally:Encourage children to stand up for a friend if someone else is calling them names!Encourage all children to follow rules and make sure the rules are the same for everyone.Sharing things with others is a great way of encouraging equality and fairness.More items...
How do you ensure that you are not treating all individuals the same?
Respect diversity by providing person centred care. Treat the individuals you support as unique rather than treating all individuals in the same way. Ensure you work in a non-judgemental way. Do not allow judgemental beliefs to effect the care and support you provide.
Who said equals should be treated equally and unequals unequally?
AristotleAccording to Aristotle, “equals should be treated equally and unequals unequally”. This principle of equality states that individuals should be treated the same, unless they differ in ways that are relevant to the situation in which they are involved.
What is the project of equal treatment?
The project examines the relationship between equal treatment and religion in relation to discrimination and restrictions on freedom of religion or belief on the basis of the principle of equal treatment.
What is the Danish Institute for Human Rights?
The Danish Institute for Human Rights has an especially important role to play regarding equal treatment, where the Institute receives earmarked funds. A research effort will represent an addition to the comprehensive analytical work which is already being carried out in the field of equal treatment by the Institute.
What is equal treatment?
Equal treatment plays a key role in the European Pillar of Social Rights, formally proclaimed by the EU institutions on 17 November 2017. In fact, it is at the core of the Pillar’s first category: equal opportunities and access to the labour market. This category guarantees gender equality and equal opportunities irrespective of ethnic origin, race, religion, gender, age and sexual orientation. Moreover, the second category, fair working conditions, establishes that workers have the right to fair and equal treatment regardless of the type and duration of the employment relationship.
What is the principle of equal treatment of women and men?
The directive defines the principle of equal treatment of women and men as regards access to employment, vocational training and promotion, and working conditions as meaning ‘that there shall be no discrimination whatsoever on grounds of sex either directly or indirectly by reference in particular to marital or family status’.
What is the purpose of the Employment Equality Directive?
The Employment Equality Directive (Council Directive 2000/78/EC) establishes a general framework to ensure equal treatment for all in relation to employment and occupation regardless of an individual’s religion or belief, disability, age or sexual orientation. The directive covers the conditions of access to employment or self-employed activities, including selection criteria, recruitment conditions and promotion, vocational training, working conditions including dismissals and pay, and membership of and involvement in organisations of workers or professional organisations.
What is the second category of social rights?
Moreover, the second category, fair working conditions, establishes that workers have the right to fair and equal treatment regardless of the type and duration of the employment relationship . European Commission: European Pillar of Social Rights. A range of specialised bodies have been established at both EU and Member State levels ...
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.
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.
What is the principle of equal treatment?
The principle of equal treatment is fundamental to the fairness of any pretrial detention system , yet scholarship on this issue in the Chinese context is scarce. Based on 520 samples concerning pretrial decisions from one city court in China, this study reveals that the principle of equal treatment was not well enforced in that particular pretrial context. Our statistical analysis shows that legal factors such as the seriousness of the crime, a defendant’s prior criminal record, and joint-crime status (i.e., several perpetrators commit a crime jointly), as well as some extra-legal demographic factors significantly influence pretrial decisions on release or detention. We added new variables of domicile, joint-crime, and the type of pretrial detention within the context of the Chinese system. This theoretical focus on contextual factors may be useful for similar European studies.
What does "equal before the law" mean?
“Everyone is equal before the law” is a fundamental principle recognized by modern society, meaning that the law should be applied uniformly to everyone. The critical question is how this principle plays out in reality (Reiman and Leighton 2009 ).
Definition (s)
The principle that there shall be no direct or indirect discrimination based on racial or ethnic origin, sex, religion or belief, disability, age or sexual orientation.
Note (s)
1. This is an important right conferred by EU citizenship. The Treaty of Amsterdam added a new Art. 13 to the Treaty, reinforcing the principle of non-discrimination.
How should ethical considerations be integrated into a research study?
In fact, ethical considerations should be inseparably integrated with any research study, from conception of the research idea, through protocol development, execution of the study, and dissemination of the results.
What is respect for individuals involved in research?
Respect for individuals involved in research means appreciating their autonomy —their independence and freedom to make a decision without external influences. They should be allowed to make an informed decision whether or not to participate in research based on both written and verbal information that has been provided to them through an informed consent process. In other words, individuals can only take part in research “voluntarily” ( 8 ). “Participation by individuals capable of giving informed consent as subjects in medical research must be voluntary.” (Declaration of Helsinki 2013-Paragraph 25) ( 9 ).
What is the second principle of ethics?
The second research ethics principle is beneficence, and it is coupled with non-maleficence. This principle is concerned with maximizing benefits and minimizing harm to research participants. Some early scientists believed that there should be no boundaries in the quest to further knowledge. In 1895, a prominent Chemist at the University of Chicago wrote, “A human life is nothing compared to a new fact in science. The aim of science is the advancement of human knowledge, at any sacrifice of human life” ( 20 ). Such attitudes, which were widespread in the United States until the middle of the twentieth century, led to the abuse of human subjects in the name of scientific research. Ethical guidelines changed this paradigm, so that now the welfare of the research subjects is always a priority. “In medical research on human subjects, considerations related to the well-being of the human subject should take precedence over the interests of science and society.” (Article 8, Declaration of Helsinki, 2001) ( 3 ).
What is the definition of privacy in scientific research?
In scientific investigations, researchers can only access information about a participant that the participant has agreed to divulge. Confidentiality is concerned with who has access to that information once it has been accessed by the researchers. The Declaration of Helsinki states: “Every precaution must be taken to protect the privacy of research subjects and the confidentiality of their personal information.” (Declaration of Helsinki 2013-Paragraph 24).
How to obtain consent from community?
Consent is obtained through conversations with community leaders that develop mutual trust and respect. Researchers, particularly those not familiar with the community, should use this opportunity to learn about the customs and community practices that might affect the study.
What are the two sections of informed consent?
The documents at the very least should contain two sections: a Participant Information section and a Signature section. The Participant Information section should include the following information ( 10 ):
Why do citizens have to participate in fluoridation studies?
For example, in a study of the effects of water fluoridation on the incidence of dental carries, citizens essentially have to participate because fluoridated water is supplied to all households and water from another source is not readily available.