Suchergebnisse

In this study, a general model is developed for judicial assessment of equal treatment cases. The model is based on theoretical research after the standards that should be used in assessing cases against the general principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is an assessment model that is both theoretically sound and workable in practice. The use of the model by the courts will improve judicial reasoning and enhance the legitimacy of equal treatment case law.

Discusses contemporary approaches to social equality between men & women, or "gender equality" to argue that equal treatment is a constitutive feature of justice. Gender stereotypes of British domestic policy deny men the possible opportunity to become active parents, & thus designate the role of primary care to women. The grand principles of justice & equality are also weakened in a sexual stereotype based concept of gender. Analysis of British legislation on the "principle of equal treatment" & the 1975 Sex Discrimination Act are bogged down in counter-productive clauses. The common division of labor between normative social & political theory & policy design is concluded to not serve the contemporary objectives of equality & justice. Critical interrogation of assumptions about the principle of equal treatment & stereotypes must reconsider sex discrimination measures, & reinterpret what is relevant for both men and women. References. J. Harwell