<i>‘The quest for equality, the companion of justice, is becoming more urgent the more people across the world see and feel inequalities in law, in wealth, and in life chances. This timely book helps offer rich reflection on old and new inequalities, possibly exacerbated by global capitalism, digitalisation, pandemics, and climate change. It also shows legal ways forward to address unfair inequalities in various social contexts and regions of the world.’</i>

- Anne Peters, Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany,

<i>‘What are the critical inequalities in today’s world? How is the law implicated in these inequalities? How, if at all, can guarantees of equality and non-discrimination help address them? This book offers a rich panoply of perspectives on these important questions. Inspiring and insightful.’</i>

- Daniel Moeckli, University of Zurich, Switzerland,

Comparative in scope, this book explores current debates surrounding the legal notion of equality. It expertly analyses equality law from a range of different legal perspectives, divided into three categories: dimensions of inequality; framing and proceduralising inequality; and new frontiers of inequality.



Bringing together contributions from internationally recognised scholars, the book addresses the multifaceted dimensions of equality, exploring its complexities and challenges. Drawing from different areas of law, including human rights law and constitutional law, the book embarks on a critical examination of the conceptual, doctrinal and practical aspects of equality law. It surveys the normative foundations of equality, its operationalisation in different legal and institutional contexts, and the effectiveness of legal mechanisms in promoting equality. Chapter authors investigate key themes such as the tensions between formal and substantive equality and the impact of socio-economic, political and cultural factors on the realisation of equality rights.



Contested Equality is a fundamental resource for legal scholars and students of public international law, comparative law and constitutional law as well as political scientists, economists and philosophers working in the field of equality. Its theoretical and practical applications will also be beneficial to policymakers and legal practitioners advising on equality issues.

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Contents 1.Introduction: contested equality 1 Elif Askin and Hanna Stoll 2 Questions of contested equality – an overview 17 Matthias Mahlmann PART I DIMENSIONS OF INEQUALITY 3 A fractured approach: poverty and racial discrimination before the CERD committee 28 Vandita Khanna 4 Is it discrimination, segregation or both? An interdisciplinary perspective on societal (‘de facto’) segregation in education 48 Merel Vrancken 5 Advancing access to social security: maternity protection and social justice for women in the informal economy 64 Janine Hicks 6 An uncharted territory awaiting to be uncovered: discrimination on the grounds of socio-economic status in the Polish legal order 81 Adam Ploszka PART II FRAMING AND PROCEDURALISING INEQUALITY 7 New agents for ethno-racial equality: identity politics, vulnerabilities, and beyond 101 András László Pap 8 Conflicting interests? European national equality bodies acting as (informal) mediators in discrimination complaints 119 Cathérine Van de Graaf 9 Understanding and accounting for socio-economic inequalities in the current economic order: a business and human rights perspective 143 Marta Piazza PART III NEW FRONTIERS OF INEQUALITY 10 Procedural justice and the boundaries of environmental law: a critical inquiry into Latin America 162 Thalia Viveros-Uehara 11 Interrelationship of legal gender identity and the right to health of transgender persons in India 182 Amit Upadhyay and Arvind Tayenjam 12 Inequalities in digital trade and digital trade regulation 203 Mira Burri 13 The unequal battlefield: a critical reflection on the use of fully autonomous weapons in situations of war 221 Sai Sathyanarayanan Venkatesh 14 Conclusion: reconsidering equality 242 Elif Askin and Hanna Stoll
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Produktdetaljer

ISBN
9781035325764
Publisert
2024-12-17
Utgiver
Edward Elgar Publishing Ltd
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
282

Biografisk notat

Edited by Elif Askin, Dr. iur., Faculty of Law, University of Zurich and Hanna Stoll, formerly University of Zurich, Switzerland