DANCEST 805 Lecture Notes - Lecture 19: Equal Protection Clause, Reasonable Accommodation, De Jure
Document Summary
If ethnicity is one of the causes of the disadvantageous treatment of this group of pupils, this is likely to be direct racial discrimination. These hairstyles are more likely to be adopted by specific racial groups. Hence a blanket ban is likely to constitute indirect discrimination because of race as it is unlikely to be objectively justified and proportionate. 2. 2: a provision, criterion or practice can be objectively justified if. It pursues a legitimate aim: the means of achieving that aim must be appropriate and necessary. People are given merely the same starting point (usually through positive measures) Equality of results requires an equal outcome the notion of de facto equality. The enjoyment of rights and freedoms on an equal footing does not mean identical treatment in every instance. To ensure the right to equality, states may have to treat differently persons whose situations are significantly different.
