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Los principios de igualdad y no discriminación, una perspectiva de Derecho Comparado - Perú

02-12-2020

Este documento se integra en una serie de estudios que, desde una perspectiva de Derecho Comparado, tienen como objeto analizar los principios de igualdad y de no discriminación en diferentes Estados. Tras la explicación de la normativa y la jurisprudencia de aplicación, se examinan el contenido, los límites y la posible evolución de dichos principios. El presente estudio tiene por objeto el caso del Perú. Las páginas describen, en lo relativo al Perú, y con relación al objeto de estudio, una breve ...

Este documento se integra en una serie de estudios que, desde una perspectiva de Derecho Comparado, tienen como objeto analizar los principios de igualdad y de no discriminación en diferentes Estados. Tras la explicación de la normativa y la jurisprudencia de aplicación, se examinan el contenido, los límites y la posible evolución de dichos principios. El presente estudio tiene por objeto el caso del Perú. Las páginas describen, en lo relativo al Perú, y con relación al objeto de estudio, una breve reseña sobre la evolución del concepto igualdad (entendida primero únicamente en un sentido formal) y la progresiva incorporación del principio de no discriminación, para luego pasar a, siquiera en grandes rasgos, describir lo hecho por el Tribunal Constitucional peruano al respecto, efectuando una evaluación crítica de lo avanzado hasta hoy, y poniendo especial énfasis en anotar los retos a enfrentar.

Autor extern

Excmo. Sr. Dr. D. Eloy ESPINOSA-SALDAÑA BARRERA

2020 Sakharov Prize laureate: The democratic opposition in Belarus

01-12-2020

At a time when authoritarianism is rising, the Sakharov Prize draws attention to the situation of those who resist the repression of human rights and fundamental freedoms. This year, the prize is to be awarded to the democratic opposition in Belarus, represented by the Coordination Council. It rewards its courageous and peaceful role in opposing the falsification of the August 2020 elections, despite a brutal crackdown by the authorities. The Sakharov Prize will be presented in a ceremony during ...

At a time when authoritarianism is rising, the Sakharov Prize draws attention to the situation of those who resist the repression of human rights and fundamental freedoms. This year, the prize is to be awarded to the democratic opposition in Belarus, represented by the Coordination Council. It rewards its courageous and peaceful role in opposing the falsification of the August 2020 elections, despite a brutal crackdown by the authorities. The Sakharov Prize will be presented in a ceremony during the European Parliament's December plenary session.

Post-Trump: Great expectations of Biden [What Think Tanks are thinking]

30-11-2020

Joseph Biden, who takes office as the next US President on 20 January 2021 has started to announce nominations for key posts in his Administration. Most commentators outside the US, as well as many at home, hope that a Biden presidency will seek to restore a rules-based international order, which has been badly shaken by his predecessor, Donald Trump. Although pundits warn against expecting miracles from the new President in international policy, as the national agenda is likely to be his top priority ...

Joseph Biden, who takes office as the next US President on 20 January 2021 has started to announce nominations for key posts in his Administration. Most commentators outside the US, as well as many at home, hope that a Biden presidency will seek to restore a rules-based international order, which has been badly shaken by his predecessor, Donald Trump. Although pundits warn against expecting miracles from the new President in international policy, as the national agenda is likely to be his top priority initially – notably the fight against the coronavirus pandemic, efforts to restore economic growth and the need to try to heal deep divisions in American society – there are still high hopes that Biden will bring the US back into the international community’s pursuit of peace and security, development goals and fighting climate change. This note offers links to recent commentaries, studies and reports from major international think tanks on issues related to US elections and President Biden’s expected policies in a number of areas.

The Global HIV/AIDS epidemic

30-11-2020

In the middle of the coronavirus pandemic, World Aids Day on 1 December is a timely reminder of the need for continued efforts to tackle other global health problems. Since the first cases were recorded in 1981, the disease has claimed 33 million lives worldwide. New infections and deaths are steadily declining but there are still huge disparities and challenges to meeting the UN target of ending the epidemic by 2030.

In the middle of the coronavirus pandemic, World Aids Day on 1 December is a timely reminder of the need for continued efforts to tackle other global health problems. Since the first cases were recorded in 1981, the disease has claimed 33 million lives worldwide. New infections and deaths are steadily declining but there are still huge disparities and challenges to meeting the UN target of ending the epidemic by 2030.

Plenary round-up – November II 2020

27-11-2020

During the second November 2020 plenary session, Parliament held a number of debates with Council and the European Commission. Discussions concerned fundamental rights issues such as abortion rights in Poland, the new LGBTIQ equality strategy, and Hungarian interference in the media in Slovenia and North Macedonia. In a debate with Council and Commission, Members also discussed the forthcoming European Council meeting, on 10 11 December 2020. Debates with the Commission included discussion of a new ...

During the second November 2020 plenary session, Parliament held a number of debates with Council and the European Commission. Discussions concerned fundamental rights issues such as abortion rights in Poland, the new LGBTIQ equality strategy, and Hungarian interference in the media in Slovenia and North Macedonia. In a debate with Council and Commission, Members also discussed the forthcoming European Council meeting, on 10 11 December 2020. Debates with the Commission included discussion of a new consumer strategy and a pharmaceutical strategy for Europe. Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, Josep Borell made statements on escalating tensions in Varosha, and on the fight against impunity for crimes committed against journalists around the world, followed by a debate with Members. Members also voted, inter alia, on representative actions for the protection of the collective interests of consumers, on customs duties on certain products, on tariff quotas with Northern Ireland, as well as on a number of own-initiative reports, including on industrial policy.

The principles of equality and non-discrimination, a comparative law perspective - Canada

26-11-2020

This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World ...

This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World War II era and were expanded and consolidated in the 1960s and 1970s. Constitutional reforms in the 1980s enshrined equality in the Canadian Charter of Rights and Freedoms. Since then, equality jurisprudence has expanded the interpretation of discrimination to include direct, indirect and systemic discrimination. Courts have rejected formal equality to embrace expansive notions of substantive equality in interpreting constitutional protections. Even with such strides over the last decades towards robust equality and non-discrimination principles and protections, just and effective implementation of their promise remains a pressing challenge for Canada.

Autor extern

Professor Colleen SHEPPARD, Professor of Law, Faculty of Law, McGill University

No way back:Why the transatlantic future needs a stronger EU

25-11-2020

There is no way back for transatlantic politics; in recent years it has suffered severe setbacks that cannot be undone. Although the Biden win promises opportunities for EU-US cooperation, the EU’s drive for strategic autonomy will not stop here. It is high time to look afresh at the very foundations of the transatlantic partnership, in light of not only the politics of today, but also the structural trends in the global balance of power and the lasting institutional ties between the two continents ...

There is no way back for transatlantic politics; in recent years it has suffered severe setbacks that cannot be undone. Although the Biden win promises opportunities for EU-US cooperation, the EU’s drive for strategic autonomy will not stop here. It is high time to look afresh at the very foundations of the transatlantic partnership, in light of not only the politics of today, but also the structural trends in the global balance of power and the lasting institutional ties between the two continents. Above all, the transatlantic future needs a stronger EU. For this to happen, the following issues should be given priority: i) dealing with an increasingly assertive China; ii) gaining more from transatlantic trade relations; iii) safeguarding the benefits of NATO and multilateral institutions like the WTO; iv) battling disinformation and other hybrid threats; and v) reinvigorating cooperation over climate change and global health. Because understanding of and trust in US intelligence and foreign policy positions has been eroded, a ‘thickening’ of transatlantic dialogue structures, including among elected representatives, should be pursued. This could include staff exchanges, track-two dialogues with think tanks and civil society, and an increased frequency of the Transatlantic Legislators Dialogue, possibly supplemented with more subordinate bodies on specific issues, such as dealing with China.

Autor extern

Louise VAN SCHAIK, Ties DAMS

UK Internal Market Bill and the Withdrawal Agreement

20-11-2020

On 9 September 2020, the United Kingdom (UK) government tabled a bill in the House of Commons which would govern the country's internal market after the Brexit transition period ends. It aims to allow goods and services to flow freely between the four jurisdictions of the UK – England, Scotland, Wales and Northern Ireland – replacing the rules now in place through membership of the EU's single market. Certain parts of this UK Internal Market Bill are particularly controversial, as they explicitly ...

On 9 September 2020, the United Kingdom (UK) government tabled a bill in the House of Commons which would govern the country's internal market after the Brexit transition period ends. It aims to allow goods and services to flow freely between the four jurisdictions of the UK – England, Scotland, Wales and Northern Ireland – replacing the rules now in place through membership of the EU's single market. Certain parts of this UK Internal Market Bill are particularly controversial, as they explicitly contravene the Protocol on Ireland/Northern Ireland attached to the Withdrawal Agreement (WA) that was ratified in January 2020. First, the bill provides that the UK government may authorise Northern Ireland businesses not to complete exit summary declarations when sending goods to Great Britain, thereby breaching the Union Customs Code applicable to NI. The bill would also allow the UK government to interpret, dis-apply or modify the application of the State aid rules of the European Union, which are applicable to UK measures that affect trade between Northern Ireland and the EU. Last but not least, the bill provides that UK regulations in these areas will have effect notwithstanding their incompatibility with relevant domestic or international law, including the Withdrawal Agreement. The reaction of the European Commission to the bill was immediate, calling for an extraordinary meeting of the EU-UK Joint Committee, which was held the following day, 10 September. On 1 October, the Commission sent a letter of formal notice to the UK for breaching its obligations under the WA, marking the beginning of an infringement process against the UK. As the UK did not reply by the end of October, the Commission may now proceed with the process, sending a Reasoned Opinion to the UK. Meanwhile, the bill has passed third reading in the House of Commons, even if in the House of Lords the government has been heavily defeated, with amendments removing the controversial clauses. While the government has indicated its intention to re-table the clauses when the bill returns to the Commons in December, it would be open to it to no longer press for their inclusion, if and when agreement is reached in the ongoing negotiations on the future EU-UK relationship.

US Presidential election [What Think Tanks are thinking]

19-11-2020

Joseph Biden, a former US Vice-President and long-time Senator with a strong interest in foreign affairs, won the US Presidential election for the Democrats, defeating the incumbent Republican President, Donald Trump. Over the past four years, Trump shook the established rules-based international order, notably by withdrawing US funding from various multilateral organisations and pulling out of various international agreements, by renegotiating trade deals, imposing provocative customs duties, and ...

Joseph Biden, a former US Vice-President and long-time Senator with a strong interest in foreign affairs, won the US Presidential election for the Democrats, defeating the incumbent Republican President, Donald Trump. Over the past four years, Trump shook the established rules-based international order, notably by withdrawing US funding from various multilateral organisations and pulling out of various international agreements, by renegotiating trade deals, imposing provocative customs duties, and progressively reducing America’s foreign military presence. Although Trump has not yet conceded defeat, his allegations of election fraud and related attempts at litigation are widely seen as frivolous. Once Biden becomes President, the US is expected to seek to strengthen the transatlantic alliance and revive the multilateral system, without necessarily being able to pursue any significant liberalisation of trade, given domestic political pressures and the ambiguous situation in the US Congress. This note offers links to recent commentaries, studies and reports from major international think tanks on issues related to US elections and President Biden’s expected policies in a number of areas.

The foreign policy implications of the pandemic

19-11-2020

During the November II plenary session, the European Parliament is due to debate an own-initiative report on the foreign policy consequences of the coronavirus pandemic. Considering the pandemic a 'game changer', the report makes the case for stronger and more effective EU external policies, along with a set of recommendations.

During the November II plenary session, the European Parliament is due to debate an own-initiative report on the foreign policy consequences of the coronavirus pandemic. Considering the pandemic a 'game changer', the report makes the case for stronger and more effective EU external policies, along with a set of recommendations.

Evenimente viitoare

07-12-2020
Health and environmental impacts of 5G
Atelier -
STOA
07-12-2020
Public Hearing on Women's Rights Defenders
Audiere -
FEMM
08-12-2020
EPRS online policy roundtable: Towards European economic recovery [...]
Alt eveniment -
EPRS

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