Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik
2019
Preuzimanje 🢃
Članak u časopisu (Objavljena verzija)
CC BY
Metapodaci
Prikaz svih podataka o dokumentuApstrakt
Equality before the criminal law and protection of persons with restricted personal liberty in the European states diverge. The European Court of Human Rights has been engaged in establishing and protecting standards and principles for fair pre-conviction proceedings. However, when it comes to sentencing, sex and gender equality, and non-discrimination in sentencing, the European Court faces its own limitations. It has established that there is no consensus in matters of (un)equal treatment of men and women in criminal sentencing in Europe, but has failed to address a more significant issue - is exemption of an entire sex justifiable and reasonable, even in the absence of the afore consensus at European level. This analysis attempts to answer the following questions that arose from this case: Does formal equality eliminate discrimination? When should formal equality yield to achieve genuine equality? Is gender equality attainable and how do we regulate it?
Ključne reči:
Sex and gender / Margin of appreciation / Life imprisonment / Formal and substantive equality / DiscriminationIzvor:
Anali Pravnog fakulteta u Beogradu, 2019, 67, 3, 216-232Institucija/grupa
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Novaković, Milica PY - 2019 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1751 AB - Equality before the criminal law and protection of persons with restricted personal liberty in the European states diverge. The European Court of Human Rights has been engaged in establishing and protecting standards and principles for fair pre-conviction proceedings. However, when it comes to sentencing, sex and gender equality, and non-discrimination in sentencing, the European Court faces its own limitations. It has established that there is no consensus in matters of (un)equal treatment of men and women in criminal sentencing in Europe, but has failed to address a more significant issue - is exemption of an entire sex justifiable and reasonable, even in the absence of the afore consensus at European level. This analysis attempts to answer the following questions that arose from this case: Does formal equality eliminate discrimination? When should formal equality yield to achieve genuine equality? Is gender equality attainable and how do we regulate it? T2 - Anali Pravnog fakulteta u Beogradu T1 - Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik EP - 232 IS - 3 SP - 216 VL - 67 DO - 10.5937/AnaliPFB1903229N UR - conv_3304 ER -
@article{ author = "Novaković, Milica", year = "2019", abstract = "Equality before the criminal law and protection of persons with restricted personal liberty in the European states diverge. The European Court of Human Rights has been engaged in establishing and protecting standards and principles for fair pre-conviction proceedings. However, when it comes to sentencing, sex and gender equality, and non-discrimination in sentencing, the European Court faces its own limitations. It has established that there is no consensus in matters of (un)equal treatment of men and women in criminal sentencing in Europe, but has failed to address a more significant issue - is exemption of an entire sex justifiable and reasonable, even in the absence of the afore consensus at European level. This analysis attempts to answer the following questions that arose from this case: Does formal equality eliminate discrimination? When should formal equality yield to achieve genuine equality? Is gender equality attainable and how do we regulate it?", journal = "Anali Pravnog fakulteta u Beogradu", title = "Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik", pages = "232-216", number = "3", volume = "67", doi = "10.5937/AnaliPFB1903229N", url = "conv_3304" }
Novaković, M.. (2019). Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik. in Anali Pravnog fakulteta u Beogradu, 67(3), 216-232. https://doi.org/10.5937/AnaliPFB1903229N conv_3304
Novaković M. Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik. in Anali Pravnog fakulteta u Beogradu. 2019;67(3):216-232. doi:10.5937/AnaliPFB1903229N conv_3304 .
Novaković, Milica, "Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik" in Anali Pravnog fakulteta u Beogradu, 67, no. 3 (2019):216-232, https://doi.org/10.5937/AnaliPFB1903229N ., conv_3304 .