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14/06/2010

In search of a balance between the right to equality and other fundamental rights

In search of a balance between the right to equality and other fundamental rights

This publication identifies the most striking conflicts between certain fundamental rights and the right to equality and non-discrimination. Stakeholders are endeavouring to establish a typology and a methodology with a view to defining how the national legislature or courts should reason when faced with a conflict of rights between the principle of non-discrimination and fundamental rights. This report illustrates the tensions using specific examples relating to the right of conscientious objection on religious or philosophical grounds and to the principle of non-discrimination based on sexual orientation or gender. These individual cases reflect conflicts between rights which may also exist under the same principle of equality. The report will soon be available in printed format in English, French and German.

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Catalog N. : KE-32-10-304-EN-C

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