Adobe PDF (1.69 MB)
Title Details:
Positive action: an exception to the principle of equal treatment or an expression of substantive equality?
Authors: Deliyanni-Dimitrakou, Christina
Konsta, Anna-Maria
Description:
Abstract:
Chapter 9 examines the institution of positive or affirmative action from the perspective of the various versions of equality. The first section (1) clarifies the concept of affirmative or positive action, its various versions and its differentiation from related concepts such as reasonable accommodations. Section 2 examines the treatment given to affirmative or positive action by legal orders that have a different understanding of the principle of equality. Μοre specifically are examined: the American legal order, which gives priority to formal equality (2.1.), the legal order of the European Union (EU) which tends to balance formal and substantive equality through the principle of equal opportunities (2.3.), and finally the legal orders of Canada, South Africa and Greece, which have adopted a more substantive conception of equality (2.4.). Section 3 identifies the main legal problems raised by the operation of affirmative or positive action and presents the solutions given to these problems by the legal orders under comparison.
Linguistic Editors: Sapardani, Maria
Cooreman, Christine
Graphic Editors: Sapardani, Maria
Type: Chapter
Creation Date: 10-01-2025
Item Details:
License: Attribution - NonCommercial - ShareAlike 4.0 International (CC BY-NC-SA 4.0)
Handle http://hdl.handle.net/11419/14355
Bibliographic Reference: Deliyanni-Dimitrakou, C., & Konsta, A. (2025). Positive action: an exception to the principle of equal treatment or an expression of substantive equality? [Chapter]. In Deliyanni-Dimitrakou, C., & Konsta, A. 2025. European and Comparative Anti-Discrimination Law [Postgraduate textbook]. Kallipos, Open Academic Editions. https://hdl.handle.net/11419/14355
Language: Greek
Is Part of: European and Comparative Anti-Discrimination Law
Publication Origin: Kallipos, Open Academic Editions