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Littérature scientifique sur le sujet « Equality before the law – Italy »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Equality before the law – Italy"

Illuzzi, Jennifer. « Continuities and Discontinuities : Antiziganism in Germany and Italy (1900-1938) ». Sociología Histórica, n^o 10 (19 octobre 2020) : 51–80. http://dx.doi.org/10.6018/sh.451181.

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In both Germany and Italy before WWI, populations labelled as Gypsies found themselves in a “state of exception” which aimed at their elimination from the nation-state by targeting them with policies emanating from the executive. Both states adhered to the liberal idea of equality before the law, but used the flexibility provided by executive authority to pressure Gypsies to leave the state. After WWI, both Germany and Italy were forced to retain “Gypsies” inside the state as a result of changing geopolitical circumstances. However, in fascist Italy before WWII, executive authorities continued to operate in a “state of exception” and ceased adhering to the rule of law, interning Gypsies in concentration camps and seeking to eliminate them through forced assimilation. In Weimar Germany, legislative policies sought to eliminate Gypsies through bringing them inside of the law. The contradiction between increasingly racialized notion of Gypsy inassimilability and forced assimilation’s inevitable failures certainly laid the groundwork for extreme measures in both places during WWII.

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Bottoni, Rossella, et Cristiana Cianitto. « The Legal Treatment of Religious Dissent in Western Europe : A Comparative View ». Ecclesiastical Law Journal 24, n^o 1 (janvier 2022) : 25–37. http://dx.doi.org/10.1017/s0956618x21000636.

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This article examines the legal treatment of religious dissent from a comparative perspective, by focusing on the legal evolution from intolerance to toleration, and from toleration to emancipation in France, Italy, Norway and the United Kingdom. Historically, in Europe, only people professing the official religion were regarded as full members of the political community. Those who professed another religion were expelled, persecuted, discriminated or – in the best cases – merely tolerated. Over the course of the nineteenth and twentieth centuries, in different degrees and forms according to the country concerned, European states started separating citizenship from religious belonging – a fundamental step in the process of secularisation of law in Europe. This development led to the emancipation of religious dissenters through the recognition of both the principle of equality of all citizens before the law, regardless of one's religion or belief, and the individual right to freedom of religion and belief.

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Pastore, Patrizia, et Silvia Tommaso. « Women on corporate boards. The case of ’gender quotas’ in Italy ». Corporate Ownership and Control 13, n^o 4 (2016) : 132–55. http://dx.doi.org/10.22495/cocv13i4p13.

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This paper investigates whether gender quotas have had success so far in their primary goal of reducing gender disparities in Italian corporate boards. Debate about gender equality on boards gained momentum and global prominence over the last years attracting attention of both researchers and practitioners worldwide. Despite a remarkable progress in education and their participation in the labor market, women still face large barriers to advance into upper management and boardrooms and gaps remain. Women are still under-represented in senior executive and board positions worldwide even if there is wide variation across countries. The present is a qualitative study that aims to contribute to the ongoing international debate about gender diversity on corporate boards (or lack thereof), providing current evidence from Italy, four years after the entry into force of Law 120/2011, establishing legislated quotas in order to ensure gender-balanced corporate boards. Using the samples of Italian listed companies and government-controlled companies tracked by Consob and Cerved respectively, findings show a substantial progress of female representation in Italian corporate boards (including governing and auditing boards) over the period 2008-2015 and reflect the extent to which women are shattering the glass ceiling, right before and after the implementation of the new (although controversial) gender quotas regulation. However, even though the number of women who sit on corporate boards has increased, it is necessary to ensure that the appointment of women is a board’s genuine intention to become gender diverse and more effectiveness rather than evidence of a result driven by tokenism, designed to enhance corporate reputation and image.

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Alicino, Francesco. « The Legal Treatment of Muslims in Italy in the Age of Fear and Insecurity ». Journal of Law and Religion 37, n^o 3 (septembre 2022) : 478–500. http://dx.doi.org/10.1017/jlr.2022.42.

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AbstractAlthough diverging influences have always characterized the relation between religion and democracy, in Italy, tensions arising from these divergences are especially exacerbated by the country’s current religious diversity and plurality, and they are magnified when combined with chronic emergencies such as immigration and international terrorism. These critical factors complicate the application of freedom of religion and the supreme principle of secularism (principio supremo di laicità), which are essential parts of the Italian legal system. This article analyzes these aspects of the law by considering the relation between Islamic communities and the state. In particular, the article focuses on both endogenous influences (Italy’s traditional system of state-church relationship) and exogenous influences (immigration and international terrorism). These factors muddle the interpretation of constitutional rights, including the right of Muslims and Islamic groups to be equal and equally free before the law.

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Czapliński, Władysław. « Palestine v. US before the International Court of Justice ? » Polish Review of International and European Law 8, n^o 2 (20 août 2020) : 47–75. http://dx.doi.org/10.21697/priel.2019.8.2.02.

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In December 2017, the administration of President D. Trump decided to move the US embassy in Israel from Tel Aviv to Jerusalem. On 28.09.2018, Palestine initiated proceedings against the US in connection with the said transfer. According to the ICJ Statute, only the parties of concern can take part in the case before the Court. However, it does open the way for non-member countries that had presented a declaration of submission to the Court’s jurisdiction, to observe. If there are any doubts as to the validity or effects of the declarations, they are decided by the ICJ. In the present case, doubts are connected, in particular, with the status of Palestine as a State, with the status of Jerusalem and with the participation in the proceedings of all interested parties. It is unclear whether Palestine meets the criteria of statehood under international law,and the nation is far from being universally recognized. Nor may the GA Resolution 67/19 be viewed as sufficient collective recognition. Furthermore, we do have reasonable doubt as to whether this is sufficient collective recognition to be essentially constitutive of Palestine’s statehood. This situation is not changed by the acceptance by Palestine of the jurisdiction of the ICC nor accession to UNESCO and to a number of international treaties. On the other hand, the jurisdiction of Israel with respect to East Jerusalem is also disputed. Certain international bodies, including the UNSC, have expressed doubts equally regarding the incorporation of Jerusalem into Israel or that Palestine has claim to the city. The mere submission of a claim by Palestine does not prejudge the existence of a legal title to Jerusalem. The legitimation of Palestine to bring to international court a claim is thus disputable under the law on state responsibility. It is probable that the ICJ would avoid rendering a decision on merits of the dispute, doing so by referring to the principle of Monetary Gold that was formulated by the ICJ in a judgment on 15.06.1954 in a dispute between Italy, on the one hand, and Great Britain, France and the US, on the other. The subject of the dispute was the fate of gold owned by the National Bank of Albania, plundered by Germany in Rome in 1943.In accordance with an arrangement concluded at the Paris Conference on German reparations (14.01.1946), all gold found in Germany that was known to have been plundered was to be returned in proportional shares to the States concerned. In the case of Albania, however, difficulties appeared in connection with two issues: claims by some States (in particular Italy) resulting from nationalisation of the National Bank of Albania, and compensation in favour of the UK due to the ICJ judgement in the Corfu Channel. It was disputable whether the gold belonging formerly to Albania could be redistributed among the unsatisfied claimants without the consent of the Albanian State. The Tribunal avoided the problem and decided that it lacked jurisdiction. It refused to render judgment in a situation in which Albania did not participate in the trial; on the other hand, the ICJ has indicated on what terms Albania could join the proceedings. Albania did not meet the conditions, and the Court decided that it was unable to continue the proceeding.

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Palla, Luciana. « Dimensioni e dinamiche dei flussi migratori da Livinallongo/Fodom e da Colle Santa Lucia/Col nel corso del Novecento ». Ladinia 45 (2021) : 21–47. http://dx.doi.org/10.54218/ladinia.45.21-47.

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This essay compares the migration from Livinallongo/Fodom and Colle Santa Lucia/Col, which were Ladin villages belonging to Austria until World War I, with the migration from the villages situated in the Alto Agordino, which be-longed to the neighbouring Kingdom of Italy. The research goes on until the 1980s, highlighting similarities and differences between the two areas, which have not only a different political history but also a dissimilar socio-economic and identity history. An element that has greatly influenced both, the quantity and type of emigration, is the model of inheritance of ownership that charac-terised the two areas, and which was very important before the tourism boom. In Fodom and Col there was the custom of undivided ownership according to Germanic law, while in the villages which had belonged to the Venetian Republic there was in force the Latin inheritance law, according to which the ownership was divided equally between the heirs, but did not allow any of them to live on the sole income from land ownership; this generated a temporary or permanent mass departure from the mountains. In Col and Fodom the departure of adults was more limited, however the emigration of minors was extremely widespread, especially towards Val Pusteria and Val Gardena, a sad phenomenon documen-ted through life testimonies.

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Lucy, William. « EQUALITY UNDER AND BEFORE THE LAW ». University of Toronto Law Journal 61, n^o 3 (juillet 2011) : 411–65. http://dx.doi.org/10.3138/utlj.61.3.411.

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Miguel, Alfonso Ruiz. « Equality before the Law and Precedent ». Ratio Juris 10, n^o 4 (décembre 1997) : 372–91. http://dx.doi.org/10.1111/1467-9337.00067.

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Custred, Glynn. « Individual rights and equality before the law ». Academic Questions 10, n^o 2 (juin 1997) : 15–17. http://dx.doi.org/10.1007/s12129-997-1061-9.

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K, Hamzah, Hamsah Hasan et Amirullah Amirullah. « PENEGAKAN HUKUM TERHADAP PRINSIP PERSAMAAN KEDUDUKAN DI HADAPAN HUKUM (PERSFEKTIF HUKUM ISLAM) ». Al-Amwal : Journal of Islamic Economic Law 4, n^o 2 (17 septembre 2019) : 187–99. http://dx.doi.org/10.24256/alw.v4i2.1812.

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The research objective was to determine the principle of equality before the law, to see the principle of equality before the law in the perspective of Islamic law. This type of research is literature research, then this research uses a qualitative approach. The data technique in this research is to collect written works in the form of books and so on, then read and record the materials needed to obtain information related to the discussion. The data management steps taken were analysis and descriptive. The results of the research show that equality before the law or as equality before the law is a very important principle in law enforcement. Equality before the law is a means that must be lived and implemented to decide problems, especially in criminal law, so that discrimination does not occur. At the time of the Prophet Muhammad saw that equality before the law in Islam was applied by the existence of the Madina Charter, one of the principles in which a person must act fairly without differentiating between ordinary people and elite society.

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Thèses sur le sujet "Equality before the law – Italy"

Muberanziza, Aloys. « L' égal accès du citoyen aux affaires publiques de son pays : essai de théorie générale et application au Rwanda / ». Namur : Presses Universitaires de Namur, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/512625786.pdf.

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Protopapa, V. « ANTIDISCRIMINATION LAW AND LEGAL MOBILISATION IN ITALY. SHAPING EQUALITY FOR MIGRANTS ». Doctoral thesis, Università degli Studi di Milano, 2016. http://hdl.handle.net/2434/447144.

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Moving from an analysis of the US literature on public interest law, on law and social change and law and social movements, the research explores how, under what conditions and with what consequences, legal actors have relied on the prohibition of discrimination to challenge nationality related differences of treatment in the Italian context. It will analyse how the implementation of the Racial Equality Directive and the equal treatment clauses provided under EU law with regard to specific categories of TCNs have effected the opportunities for effective enforcement of the prohibition of discrimination at the national level and investigate the extent to which such opportunities have shaped legal strategies. Finally the research will assess the impact of litigation in terms of achieving equal rights in courts and generating policy response.

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Naylor, Joseph Alan. « Liberal equality rights : Ronald Dworkin’s jurisprudence ». Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/25476.

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Ronald Dworkin has achieved prominence in the field of jurisprudence through his book, Taking Rights Seriously, (hereafter TRS) his many articles in the "New York Review of Books," and other publications that pursue a coherent philosophy for liberals. In response to criticism of his earlier work, Dworkin has expanded and clarified his liberal position on equality rights. This thesis will address how Dworkin's later writings attempt to fill in gaps that occur in Dworkin's first arguments for a hierarchical, principled picture of the law. It will be argued here that Dworkin's views require an unusual perspective on the concept of an individual, and this renders his rights-based political morality seriously deficient. The nature of Dworkin's theory is first indicated by an attack on the "ruling theory of law" which he characterizes as positivistic when asked what the law is, and utilitarian when required to decide what the law should be. His central criticism charges that legal arguments are incomplete without principles which refer to or are implications of rights. Dworkin's liberal political morality is founded on rights to equal respect and concern. The elaboration of what these rights mean is sustained throughout Dworkin's publications. He maintains that his liberal rights-thesis is the theoretical articulation of the constitutional right to equality. Applying Dworkin's rights-theory to the Regents of the University of California v. Bakke2 case illuminates many of the more abstract aspects of his views. This thesis will argue against Dworkin by focusing on the too-narrow conception of individuals implied by his theory of rights. The ideal Dworkin employs of a right to 'equality of resources' justifies an aggressive redistributional scheme, unchecked by a fuller conception of what is an individual. Dworkin is only able to hold his ideal of a right to 'equality of resources' together with his notion of individual rights by accepting a diminished concept of the individual. This argument suggests that a fuller conception of an individual recognizes the connection between merit and entitlement. Dworkin's scepticism regarding the feasibility of merit being protected by individual rights is undercut by introducing a distinction between merit and success. Leaving key aspects of an individual, such as merit and its related features, out of official deliberation about rights, conceptually inhibits the extent of individualizability in a rights theory. If we wish to maintain such features, and value their protection and cultivation by a political order, adopting Dworkin's rights-thesis and its consequences is impossible.
Arts, Faculty of
Philosophy, Department of
Graduate

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Oesch, Matthias. « Differenzierung und Typisierung : zur Dogmatik der Rechtsgleichheit in der Rechtsetzung / ». Bern : Stämpfli, 2008. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=017741198&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Christalo, Pablo Mike Hayes. « Equality before the law in criminal cases before the Indonesian tribunal from the human rights committee standards / ». Abstract, 2004. http://mulinet3.li.mahidol.ac.th/thesis/2547/cd374/4437792.pdf.

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Keith-Bandath, Rasheed Ethan. « Substantive equality and the defence of affirmative-action ». Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/3899.

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Giving effect to the constitutional right to equality and the peculiar nature thereof in a heterogeneous society such as South Africa has proved to be a perplexing task. This is apparent when analyzing case law on the subject which demonstrates that our courts are regularly confronted with complex equality claims, and as a consequence, naturally have to make difficult decisions which in turn contribute toward our emerging and developing equality jurisprudence and ultimately the achievement of the constitutional standard of equality. This treatise considers substantive equality as a species of equality in the workplace and the defence of affirmative-action justification in terms of section 6 of the Employment Equity Act. In doing so, it outlines the seemingly peculiar application of affirmative action in a society that was once divided along racial and gender lines, a society that has once experienced one of the most severe forms of racial discrimination in the form of apartheid and its associated laws, policies and practices. This oppressive political regime had the effect of entrenching a deep legacy of racism, deprivation, exclusion and discrimination into the social fabric of society, which in turn had a disproportionate impact on the majority of people or categories of people relative to an elite minority. The legacy of this oppressive political system remains alarmingly evident today. The treatise reveals the challenges and difficulties a society faces in attempting to break with past patterns of disadvantage and its efforts to build a society that is non-racist, non-sexist, socially just and inclusive. The Constitution with its transformative vision should be considered the genesis of this credible and abiding process of redress. It is this exercise of redress coupled with the Constitution’s transformative mandate that raises difficult issues of restoration and reparation for past injustice, and the most appropriate and accommodating manner to do so. In addition to the Constitution, Parliament has enacted national legislation as a transformative agent in the workplace. The EEA as a legislative instrument was designed to give effect to the constitutional right to equality in the workplace. It emphatically prohibits unfair discrimination, but also obliges designated employers to implement affirmative-action measures. For such measures not to be unfairly discriminatory, they must be consistent with the purpose of the EEA. A plain reading of the EEA reveals that it does not provide sufficient guidelines for valid affirmative action. However, the EEA provides an interpretive injunction in that it must be interpreted in light of the Constitution and international law. In this regard the Constitutional Court in Minister of Finance v Van Heerden 1 in interpreting the Constitution, developed a test to assess whether a restitutionary measure such as affirmative action is in fact and in law a valid measure. To date this test is generally not followed, despite the authority of the judgment. In this regard, the courts have developed sound, but sometimes inconsistent principles and standards to test for the validity of affirmative action and to adjudge whether such measures are compliant with the Act. The test has also recently been reaffirmed in the recent judgment of South African Police Service v Solidarity obo Barnard.2 It is anticipated that affirmative-action case law will henceforth develop along the same lines. In this we appreciate judicial guidance and supervision in interpreting and pronouncing upon the legitimacy and validity of affirmative-action measures.

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Nconco, Mpumelelo. « Substantive equality and affirmative action in the workplace ». Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1617.

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During the apartheid era in South Africa there was an unequivocal commitment to white supremacy, segregation and inequality. Discrimination but not on the basis of race was entrenched by the pre-democratic government. The 1980‟s saw the first steps towards reversing such practices through various measures, in the form of formal equality. Formal equality holds that the state must be act neutrally in relation to its employees and must favour no one above another. It assumes that all people are equal and that inequality can be eradicated simply by treating all people in the same way. Formal equality is therefore blind to structural inequality. Substantive equality in contrast to formal equality holds the value that equality is not simply a matter of likeness, that those who are different should be treated differently. The very essence of equality is to make distinction between groups and individual in order to accommodate their different needs and interests. It considers discrimination against groups which have been historically advantaged to be qualitatively aimed at remedying that disadvantage. The Constitution Act 108 of 1996 confers the right to equal protection and benefit of the law and the right to non discrimination. Prohibition of unfair discrimination in itself is insufficient to achieve true equality in a historically oppressed society. Hard affirmative action measures are required, the Constitution further explicitly endorses such restitutionary measures. Affirmative action is a systematic, planned process whereby the effects of colonialism and racial discrimination are being reversed in all areas if life. It is designed to achieve equal employment opportunities. In order to achieve this goal the barriers of the workplace which restrict employment and progressive opportunities have to be systematically eliminated through proactive programmes. Affirmative action is a delicate instrument of social engineering which must be used with caution. The Employment Equity Act 55 of 1998 gives effect to the constitutional provisions and to regulate affirmative action measures in employment. The Employment Equity Act spells out the beneficiaries, who should do the protection, and advancement and what may happen to employers if they fail to comply in the view of the Director-General of the Labour. However the explicit constitutional and legislative endorsement of affirmative action comes with its controversy and legal challenges and it has been left to the courts to resolve tension on the one hand and to ensure equal treatment on the other.
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Alexeiko, Maria L. « Gender mainstreaming and students in the Russian Far East ». Ohio : Ohio University, 2005. http://www.ohiolink.edu/etd/view.cgi?ohiou1121188015.

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Ruffolo, Lyndsay Danielle. « Exploring the influence of legal and extra-legal factors in bail decisions / ». Abstract and full text available, 2009. http://149.152.10.1/record=b3080022~S16.

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Thesis (M.S.) -- Central Connecticut State University, 2009.
Thesis advisor: Jennifer Hedlund. "... in partial fulfillment of the requirements for the degree of Master of Science in Criminal Justice." Includes bibliographical references (leaves 45-48). Also available via the World Wide Web.

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Villum, Aksel Reppe. « (In)equality before the law ? : An analysis of the role of gender in sentencing in cases concerning welfare fraud tried in the Norwegian Court of Appeal ». Thesis, Umeå universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-155170.

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The fight against welfare fraud currently sees an increased focus from Norwegian authorities. This attention is connected to the narratives of real and perceived threats to the welfare state, where welfare fraud not only implies the misappropriation of government funds but may also be detrimental to the public’s support of the welfare state. This paper investigates the relationship between gender and sentencing in cases concerning welfare fraud tried in the Norwegian Court of Appeal (Lagmannsretten). Based on the literature on gender bias in sentencing, particularly from an American perspective, the main hypothesis proposed was that women received more lenient sentences than men. The secondary hypotheses proposed that aggravating and mitigating circumstances would correlate with the type of punishment being awarded, i.e. custodial, probation and community sentence. Further, mitigating circumstances would have a positive correlation with probation and community sentence, while aggravating circumstances would have a negative correlation on the same punishment categories. Finally, these correlations would correlate stronger in a positive direction for females, and stronger in a negative direction for males.SPSS was used to conduct descriptive and regression analyses on a data material which was organized in MS Excel. The data was collected through the online source Lovdata.no.Drawing on the research of Daly, 1989; Bickle & Peterson, 1991; Williams, 1999; Spohn & Holleran, 2002; Doerner & Demuth, 2012; Embry & Lyons, 2012; and Bontrager & Stupi, 2013, especially that of ”courtroom paternalism”, the findings of the thesis echoes that of previous work on the the field of gender bias in sentencing. The results showed a correlation between gender and type of punishment: females had a proportionately higher frequency of probation and community sentence than that of males. When taking into account aggravating and mitigating circumstances, strong correlations where identified between females and community sentence, and moderate so with probation and females. With regards to custodial, few differences between the sexes were found. However, one would benefit from further research into the aggravating and mitigating circumstances, for instance by conducting interviews.

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Livres sur le sujet "Equality before the law – Italy"

Nel segno della Costituzione : La nostra carta per il futuro. Milano : Feltrinelli, 2012.

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Commission, Australia Law Reform. Equality before the law. Sydney, NSW : Law Reform Commission, 1994.

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Commission, Australia Law Reform. Equality before the law. Sydney, N.S.W : The Commission, 1993.

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Commission, Australia Law Reform. Equality before the law : Women's equality : an overview. [Sydney, N.S.W : The Commission, 1994.

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Doyle, Oran. Constitutional equality law. Dublin : Thomson Round Hall, 2004.

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William, Kennedy David, et University of Toronto. Faculty of Law., dir. Globalization, law and equality. [Toronto : Faculty of Law, University of Toronto, 2006.

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Cathryn, Costello, Barry Eilis et Irish Centre for European Law., dir. Equality in diversity : The new equality directives. Dublin : Irish Centre for European Law, 2003.

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Moreau, Sophia Reibetanz. Theories of equality (Law 207HIF). [Toronto] : University of Toronto, Faculty of Law, 2007.

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Moreau, Sophia Reibetanz. Theories of equality (Law 207HIS). 2^e éd. [Toronto] : University of Toronto, Faculty of Law, 2007.

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Moreau, Sophia Reibetanz. Theories of equality (Law 207HIS). 2^e éd. [Toronto] : University of Toronto, Faculty of Law, 2006.

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Chapitres de livres sur le sujet "Equality before the law – Italy"

Francioni, Francesco. « Overcoming the Judicial Conundrum : The Road to a Diplomatic Solution ». Dans Remedies against Immunity ?, 343–49. Berlin, Heidelberg : Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_19.

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AbstractThe role of international law and of international lawyers is at its best when it results in a ‘work of reconciliation and realistic construction’ (Dag Hammarskjöld, 1953). Unfortunately, it is difficult to find much of this spirit in the unfolding, regrettable and never-ending saga of Germany versus Italy. In answering the basic question of whether Germany is obliged to negotiate a settlement with Italy, this chapter argues that even if there is no hard and fast legal obligation, there is a political and moral obligation to negotiate a settlement, as indicated by paragraph 104 of the Jurisdictional Immunities Judgment of the International Court of Justice (ICJ); the same obligation is incumbent upon Italy. The current legal ‘black hole’ cannot be filled by further proceedings before the ICJ because immunity serves the value of the equality of states, yet equality is not a value in its own sake but is functional to the preservation of peaceful and orderly international relations and to the ‘realistic construction’ of conditions for the fulfilment of human rights. Negotiations in view of the creation of a joint German–Italian fund for the reparation of victims is the appropriate way to overcome the present impasse and to do justice to a whole class of victims who so far have fallen into oblivion.

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Douglas, Heather, et Mark Finnane. « Equality before the Law ». Dans Indigenous Crime and Settler Law, 121–47. London : Macmillan Education UK, 2012. http://dx.doi.org/10.1057/9781137284983_6.

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Sadurski, Wojciech. « Substantive Justice and Equality before the Law ». Dans Giving Desert Its Due, 77–97. Dordrecht : Springer Netherlands, 1985. http://dx.doi.org/10.1007/978-94-015-7706-9_4.

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Merle, Jean-Christophe. « Cultural Defense, Hate Crimes and Equality Before the Law ». Dans Spheres of Global Justice, 227–38. Dordrecht : Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-5998-5_18.

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Guney, Gizem. « One Step Forward, Two Steps Back : An Analysis of Turkey’s Implementation of the Istanbul Convention in Addressing Gender-Based Domestic Violence ». Dans Towards Gender Equality in Law, 133–52. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98072-6_7.

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AbstractTurkey has had a unique and troublesome relationship with the Istanbul Convention. It was both the first country to ratify the Convention and the first country to withdraw from it after implementing the Convention for six years. This chapter focuses on the legal steps taken by Turkey between its ratification and its withdrawal from the Convention. In this analysis, I argue that, even before its withdrawal, Turkey had been sweeping between two ends: its progressive legal steps to address violence against women on one hand, and its legal and political attitude threatening gender equality in general, on the other. This chapter, therefore, argues that Turkey was already failing to effectively implement the Convention, and its withdrawal from the Convention should only be considered a reflection of Turkish government’s insincerity in its political commitment to address gender-based violence from the outset.

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Nouwen, Sarah M. H. « Legal Equality on Trial : Sovereigns and Individuals Before the International Criminal Court ». Dans Netherlands Yearbook of International Law 2012, 151–81. The Hague, The Netherlands : T. M. C. Asser Press, 2013. http://dx.doi.org/10.1007/978-90-6704-915-3_7.

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Todd, Margo. « Chapter Two : Practicing the Books of Discipline : The Problem of Equality before the Law in Scottish Parish Consistories ». Dans Calvin and the Book, 33–56. Göttingen : Vandenhoeck & Ruprecht, 2015. http://dx.doi.org/10.13109/9783666550881.33.

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Kadelbach, Stefan. « State Immunity, Individual Compensation for Victims of Human Rights Crimes, and Future Prospects ». Dans Remedies against Immunity ?, 143–57. Berlin, Heidelberg : Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_7.

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AbstractThis chapter first recapitulates the state of affairs as to the principle of state immunity and why exceptions from jurisdictional immunity for gross violations of human rights and humanitarian law are not recognized. It explores customary law and the global compensation treaty between Germany and Italy. Both indicate that Italy would be obligated to indemnify Germany from individual claims raised before Italian courts.In a second step, the development towards individual rights in public international law will be taken up. It appears that human beings are increasingly recognized as holders of individual claims but, apart from human rights treaty systems, lack the capacity under international law to invoke their rights before courts. Instead, they depend on their home states, which have standing but are not entitled to waive the individual rights of their citizens.In order to reconcile the seemingly antagonistic regimes of state immunity and claim settlement, prospects for a friendly solution of the present dilemma will be assessed. Against the background of cases pending before Italian courts, it will be examined whether the distinction between jurisdictional immunity and immunity from execution opens up a way out of the impasse, which the two states and private capital could pursue, and whether this solution would create a precedent for other similar constellations.Lastly, some concluding remarks will address lessons to be learnt for future conflicts. They will deal with elements of a general regime of compensation, drawing from the experience of both past reparation schemes and the experience of reconciliation in post-totalitarian societies. Such elements could be a duty to seek bona fide settlements, possible consequences of violations for domestic court proceedings, methods of assessing damages inspired by mass claim processing, the categorization of claims according to the gravity of violations, rules on evaluating evidence, procedures to give victims a say, and appropriate forms of monetary and non-pecuniary compensation including the necessary institutional framework.

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Cohn, Jr., Samuel K. « Equality ». Dans Popular Protest and Ideals of Democracy in Late Renaissance Italy, 200–228. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192849472.003.0010.

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This chapter begins by considering present-day definitions of democracy and reflecting on the ideals of popular rebels of the late Renaissance Italy. It adopts the model of the sociologist Juan Linz (1978) of democracy embracing two broad ideals: representation and equality. The chapter then turns to the work of Guido Alfani and Roberta Frigeni that has found notions of ‘equality’ as a human relationship extremely rare before the Enlightenment and ‘inequality’ not until the nineteenth century. From our book’s survey of chronicles and diplomatic dispatches, however, these words and their notions rest solidly in human relations and pertain to taxation, justice, and political representation. More strikingly, they fill collective supplications to the Grand duke, lodged by communal protesters in provincial towns and even villages in the 1540s. Rights for equality now justified appeals against elite fiscal exemptions, corruption, and unjust laws. Furthermore ‘plebes’, artisans, and villagers maintained that any realization of social and economic equality was possible only through the extension of their political representation and participation.

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Bell, Mark. « Promoting equality through social inclusion* ». Dans The Role of Labour Standards in Development. British Academy, 2011. http://dx.doi.org/10.5871/bacad/9780197264911.003.0006.

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This chapter explores how equality is pursued, comparing two approaches. In Europe, legal responses to inequality have tended to focus on anti-discrimination legislation. This approach attempts to bring about equality by giving individuals a right to challenge discrimination through litigation before courts or other adjudicatory bodies. In contrast, the promotion of social inclusion has been more typically linked with policy-based mechanisms, not amenable to judicial enforcement. A dichotomy thus arises between two pathways for advancing equality: antidiscrimination and social inclusion. The chapter begins by reviewing in more detail the characteristics, strengths, and pitfalls of each of these two approaches. It then seeks to explore whether these approaches might be brought together and, to this end, it examines the European Social Charter, which appears to marry some of the qualities of both approaches. It is an instrument of international law, yet it has a holistic outlook on social rights and their implementation in practice. In order to make a more concrete assessment of the Charter's potential to promote equality, two discrete case studies are considered, focusing on the social situation of Travellers in Ireland and Roma in Italy.

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Actes de conférences sur le sujet "Equality before the law – Italy"

Afifah, Wiwik, Muchammad Yulianto et I. M. Leomarch. « Detention of Terrorism Suspects in the Perspective of Equality Before the Law ». Dans International Conference on Law Reform (INCLAR 2019). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.039.

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Cahyani, Tinuk Dwi, et Yohana Puspitasari Wardoyo. « The Implementation of Principle Equality before the Law in Addressing Corruption in Indonesia ». Dans International Conference on Community Development (ICCD 2020). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201017.160.

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Azeez, Sardar. « "Violation of the principle of equality when drafting the punitive text Legislation issued by the Parliament of the Kurdistan Region as a model" ». Dans INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp85-103.

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Observing the principle of equality when drafting punitive texts is one of the basic components of successful legislative drafting . And that equality before the law is closely related to justice, because justice requires the formulation of the rules of the law in a general and abstract manner in a way that all those who address the law enjoy its protection and are subject to accountability. Since there are international charters and treaties that Iraq has joined or ratified, most of them contain explicit texts about the equality of individuals before the law. Therefore, the legislative drafting of punitive texts in a manner that achieves equality is an implementation of the international obligations resulting from ratification or accession to these international conventions and treaties. In addition, laws that are legislated in contravention of the principle of equality are considered unconstitutional laws because they are in violation of the Constitution, and the provisions of ordinary law may not contradict the principles of the Constitution.

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Tishchenko, Alena, Vera Zadorozhnaya et Zamfira Tanaeva. « Leading Principles of Equity and Equality Before the Law in the Process of Electronic Justice ». Dans 6th International Conference on Social, economic, and academic leadership (ICSEAL-6-2019). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200526.064.

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Perangin angin, C., et B. Nasution. « Equality Before the Law for Male and Female Worker at PT Perkebunan Nusantara III (PTPN III) ». Dans Proceedings of The 1st Workshop Multimedia Education, Learning, Assessment and its Implementation in Game and Gamification, Medan Indonesia, 26th January 2019, WOMELA-GG. EAI, 2019. http://dx.doi.org/10.4108/eai.26-1-2019.2283261.

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Wulandari, Endah, et Hedwig Mau. « The Legality of The Provision of Remission To Military Prisoners In Accordance With The Equality Before The Law Principle ». Dans Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.14-4-2021.2312454.

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Hamah Saeed, Tahseen. « Assumptions and legal and political intellectual principles of positive discrimination of women and their application to the laws in force in the Kurdistan region ». Dans REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp149-170.

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"This research enters into the field of philosophy of law. He investigated it about the positive differentiation of women in legal thought. After defining the assumptions of the concept, such as the necessity to distinguish between formal equality, and real equality, because positive differentiation is a privilege given to the disadvantaged as if it appears to create inequality, and it is formed until it compensates them with the forbidden, which was practiced before and is now practiced. And that positive differentiation is not only concerned with women but also with all other disadvantaged groups, such as minorities, children and the elderly, even if the female component is more visible. So it entered into the global legislative policy, whether in international law or in national law, so would hold international agreements, hold conferences and establish international organizations for that. Positive differentiation is considered a subsidiary legal principle and complementary to the principle of equality and fairness, and for this existence is related to the existence of that principle, and it is known that the principle are not often written in legislation, but the legislator must take them into account when setting legal rules. Positive the positive differentiation as a legal principle that is observed in global legislation, and the legislator in the Kurdistan region of Iraq tried to observe the principle at a time when the federal legislator did not pay much attention to the principle, and this legislative policy in the region is more in line with the global legislative policy, and this is why the Kurdistan legislator tried to repeal or amend federal law Or legislate new laws in implementation of the principle that fall within its powers, so the anti-family violence law is a perfect example of this, which has no parallel in Iraq so far."

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Rapports d'organisations sur le sujet "Equality before the law – Italy"

Acemoglu, Daron, et Alexander Wolitzky. A Theory of Equality Before the Law. Cambridge, MA : National Bureau of Economic Research, juin 2018. http://dx.doi.org/10.3386/w24681.

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Rodríguez Caballero, Carlos Vladimir, et Arnoldo López - Marmolejo. Assessing the Effect of Gender Equality before the Law on Female Labor Participation and GDP per capita in Central America Panama and the Dominican Republic. Inter-American Development Bank, mars 2021. http://dx.doi.org/10.18235/0003113.

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Women's participation in the labor market in Central America is low for the international standard. Increase such participation is on the agenda of many policymakers who want to improve women's access to quality employment. In this paper, we use data from Central America, Panama, and the Dominican Republic to assess whether gender equality in the law helps increasing women's participation in the labor force and, therefore, boosts GDP per capita. The study is based on two econometric methodologies to evaluate distinct aspects of the economic mechanism.

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Mazurkiewicz, Marek. ECMI Minorities Blog. German minority as hostage and victim of populist politics in Poland. European Centre for Minority Issues, février 2022. http://dx.doi.org/10.53779/fhta5489.

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On 4 February 2022, the Polish Journal of Laws published a new ordinance of the Minister of Education and Science, implementing cuts in the funding of education of German as a minority language. Consequently, the hourly length of such lessons will be significantly reduced. This regulation applies exclusively to the German minority, and the official motive for introducing discriminatory measures is to improve the situation of Polish diaspora in Germany. This is the first time after 1989 when the Polish state authorities introduce a law limiting the rights of Poland’s citizens belonging to a national minority (in this situation children), as a retaliation for the alleged situation of a kin-community elsewhere. Importantly, the adopted regulations are not only discriminatory towards one of the minorities; their implementation may in fact contribute to the dysfunctionality of the entire minority education system in Poland. This is also an obvious violation of the constitutional principle of equality before the law, the right of minorities to ‘maintain and develop their own language’, international standards of minority rights protection, as well as a threat to the very functioning of human rights protection mechanisms in the country.

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Advancing Human Rights : The State of Global Foundation Grantmaking - Access to Justice/Equality Before the Law. New York, NY United States : Foundation Center, janvier 2013. http://dx.doi.org/10.15868/socialsector.24916.

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Relationship Between ‘Civil Society’ and ‘Democratic Freedoms’. Institute of Development Studies, juin 2022. http://dx.doi.org/10.19088/k4d.2022.086.

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Notwithstanding the point that definitions of ‘civil society’ and ‘democracy’ are themselves actively debated, this rapid review defines democracy as ‘liberal democracy’, which goes beyond elections to include liberal components such as equality before the law, individual liberties, rule of law, and independent judiciary and legislature that constrains the executive (Grahn and Lührmann, 2020, p.8). Civil society is defined as “an organizational layer of the polity that lies between the state and private life composed of voluntary associations of people joined together in common purpose” (Coppedge et al. 2016, p.413). Thus, this rapid review seeks to find out what evidence is there on the relationship between civil society and democratic freedoms? The overall sense from the vast array of literature that looks at the relationship between civil society and democratic freedoms is that civil society is important for democracy, but there is no “automatic flow” from one to the other. Rather, the relationship is contingent on the nature of civil society, in addition to other dynamic, context-specific factors. Most of the evidence found during this rapid review was in studies that break down this broad topic into smaller sub-questions. They tended to be case studies that look at specific elements of ‘democratic freedoms’ (e.g., human rights, or anti-corruption), focus on specific countries, or were related to specific mechanisms (e.g., collective action) or processes (e.g., democratic regression). Each of these sub-topics is itself a large and contested area of research. According to some scholars, these case studies are overwhelmingly positive about civil society’s relationship to liberal democratic norms and practices. Some studies show that democratic regression occurs where the demands of a highly mobilised civil society cannot be effectively channelled by the party system or occur in contexts characterised by ethnic and regional differences or socio-economic inequalities.

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