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  • Discrimination and its Current Risks. Correlation of Concepts "the Equality" and "the Prohibition of Discrimination"

Discrimination and its Current Risks. Correlation of Concepts "the Equality" and "the Prohibition of Discrimination"

Student: Poldolin Maxim

Supervisor: Elena A. Lukyanova

Faculty: Faculty of Law

Educational Programme: Public Law (Master)

Year of Graduation: 2019

This paper is devoted to the relationship between the two constitutional principles – equality and the prohibition of discrimination, as well as contemporary risks of discrimination, expressed in the emergence of new grounds for discrimination and the grounds on which distinctions are made. Chapter 1 explores directly specified constitutional principles. The content of the principle of equality is revealed: the provisions of international and national acts are reviewed, and existing scientific approaches are analyzed. The essence of the principle of non-discrimination is explored: it is based on key international treaties containing the prohibition of discrimination, as well as judicial practice. Also, a comparison of the two considered categories was made: aspects that indicate the connection of principles are highlighted, their main differences are revealed, which allow to draw a conclusion about the independent legal nature of each of the principles. Chapter 2 is devoted to the trends of modern development of discrimination as a legal phenomenon. Reveals the grounds of discrimination that have become widespread in recent decades. Discrimination based on age, health, and nationality at the state level is considered. The analysis is conducted based on the existing judicial practice, the decisions of higher courts are taken as a basis. It was concluded that the current risks of discrimination are primarily associated with the emergence of new grounds and grounds for which differences are made; taking into account the occurrence of cases of adoption in some countries of regulatory legal acts that discriminate all citizens of a foreign state on the basis of nationality, it is necessary to create new international rules that prevent such actions.

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