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Strengthening the equality analysis of the European Court of Human Rights : the potential of the concepts of stereotyping and vulnerability

Alexandra Timmer (UGent)
(2014)
Author
Promoter
(UGent)
Organization
Abstract
This thesis analyzes the legal reasoning of the European Court of Human Rights (‘ECtHR’). What drives the inquiry is the fact that there is a ugly gap between human rights rhetoric and human rights reality. In theory everyone enjoys the same rights, but in practice some are more equal than others. This thesis therefore investigates how the ECtHR can make its equality analysis more responsive to non-dominant groups. Strengthening the equality analysis of the ECtHR is important, as the ECtHR provides guidance and inspiration to courts and human rights lawyers around the globe. The thesis introduces the concepts of ‘stereotyping’ and ‘vulnerability’ as novel analytical lenses through which to study the ECtHR jurisprudence. Both concepts are present in ECtHR case law, but both have so far escaped academic scrutiny. By reference to these concepts, the normative aim of this dissertation is to suggest ways in which the Court can develop a more transformative equality jurisprudence, which addresses the underlying structural causes of inequality and discrimination.
Keywords
European Court of Human Rights, discrimination, equality, stereotypes, vulnerability

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MLA
Timmer, Alexandra. Strengthening the Equality Analysis of the European Court of Human Rights : The Potential of the Concepts of Stereotyping and Vulnerability. Ghent University. Faculty of Law, 2014.
APA
Timmer, A. (2014). Strengthening the equality analysis of the European Court of Human Rights : the potential of the concepts of stereotyping and vulnerability. Ghent University. Faculty of Law, Ghent, Belgium.
Chicago author-date
Timmer, Alexandra. 2014. “Strengthening the Equality Analysis of the European Court of Human Rights : The Potential of the Concepts of Stereotyping and Vulnerability.” Ghent, Belgium: Ghent University. Faculty of Law.
Chicago author-date (all authors)
Timmer, Alexandra. 2014. “Strengthening the Equality Analysis of the European Court of Human Rights : The Potential of the Concepts of Stereotyping and Vulnerability.” Ghent, Belgium: Ghent University. Faculty of Law.
Vancouver
1.
Timmer A. Strengthening the equality analysis of the European Court of Human Rights : the potential of the concepts of stereotyping and vulnerability. [Ghent, Belgium]: Ghent University. Faculty of Law; 2014.
IEEE
[1]
A. Timmer, “Strengthening the equality analysis of the European Court of Human Rights : the potential of the concepts of stereotyping and vulnerability,” Ghent University. Faculty of Law, Ghent, Belgium, 2014.
@phdthesis{4287382,
  abstract     = {{This thesis analyzes the legal reasoning of the European Court of Human Rights (‘ECtHR’). What drives the inquiry is the fact that there is a ugly gap between human rights rhetoric and human rights reality. In theory everyone enjoys the same rights, but in practice some are more equal than others. This thesis therefore investigates how the ECtHR can make its equality analysis more responsive to non-dominant groups. Strengthening the equality analysis of the ECtHR is important, as the ECtHR provides guidance and inspiration to courts and human rights lawyers around the globe. The thesis introduces the concepts of ‘stereotyping’ and ‘vulnerability’ as novel analytical lenses through which to study the ECtHR jurisprudence. Both concepts are present in ECtHR case law, but both have so far escaped academic scrutiny. By reference to these concepts, the normative aim of this dissertation is to suggest ways in which the Court can develop a more transformative equality jurisprudence, which addresses the underlying structural causes of inequality and discrimination.}},
  author       = {{Timmer, Alexandra}},
  keywords     = {{European Court of Human Rights,discrimination,equality,stereotypes,vulnerability}},
  language     = {{eng}},
  pages        = {{279}},
  publisher    = {{Ghent University. Faculty of Law}},
  school       = {{Ghent University}},
  title        = {{Strengthening the equality analysis of the European Court of Human Rights : the potential of the concepts of stereotyping and vulnerability}},
  year         = {{2014}},
}