Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik
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 sente...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2019-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903216N.pdf |
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| _version_ | 1850166980484530176 |
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| author | Novaković Milica |
| author_facet | Novaković Milica |
| author_sort | Novaković Milica |
| collection | DOAJ |
| description | 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? |
| format | Article |
| id | doaj-art-e4ec60c4a0fc4b91b3c51bc77e67d695 |
| institution | OA Journals |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2019-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-e4ec60c4a0fc4b91b3c51bc77e67d6952025-08-20T02:21:18ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932019-01-0167321623210.5937/AnaliPFB1903229N0003-25651903216NMen in the age of (formal) equality: The curious case of Khamtokhu and AksenchikNovaković Milica0NemaEquality 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?https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903216N.pdfdiscriminationformal and substantive equalitylife imprisonmentmargin of appreciationsex and gender |
| spellingShingle | Novaković Milica Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik Anali Pravnog Fakulteta u Beogradu discrimination formal and substantive equality life imprisonment margin of appreciation sex and gender |
| title | Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik |
| title_full | Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik |
| title_fullStr | Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik |
| title_full_unstemmed | Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik |
| title_short | Men in the age of (formal) equality: The curious case of Khamtokhu and Aksenchik |
| title_sort | men in the age of formal equality the curious case of khamtokhu and aksenchik |
| topic | discrimination formal and substantive equality life imprisonment margin of appreciation sex and gender |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903216N.pdf |
| work_keys_str_mv | AT novakovicmilica menintheageofformalequalitythecuriouscaseofkhamtokhuandaksenchik |