Sentences with phrase «legitimate aim»

It was other means of achieving the employer's legitimate aim which were relevant not the means of achieving different aims.

It was as if the Judges had their constitutional law text books out beside them: the Court began by identifying the existence of a «legitimate aim in the general interest».

The ECJ said that legitimate aims for the purpose of Art 6 had to have a public interest nature.

«However, when the EJ considered the question of proportionate means, he did so on the assumption that the appellants had established legitimate aims.

The Court concluded in the case of Mrs. Eweida that a fair balance had not been struck between the employee's desire to manifest her religious belief and to be able to communicate that belief to others, and the employer's wish to project a certain corporate image, no matter how legitimate that aim might be.

Nonetheless, the Court concluded in her case that a fair balance had not been struck between, on the one side of the scales, her desire to manifest her religious belief and to be able to communicate that belief to others, and on the other side of the scales, her employer's wish to project a certain corporate image (no matter how legitimate that aim might be).

«The Turkish government's news media shutdown shows how the State of Emergency law is being used to deny the right to free speech beyond any legitimate aim of upholding public order,» Human Rights Watch said in a statement.

Bill Steele, convener of the Church's Social Care Council explained to The Herald why the move had been made: «Having consulted widely and having sought employment law advice, the Council does not believe that the requirement for all care and support staff to be Christian is a proportionate means of achieving a legitimate aim.»

This self - declared «gender identity» would then be a legally protected characteristic and it would be prohibited to discriminate against you on the basis of it, even in cases where provision of women - only services is a proportionate means of achieving a legitimate aim, and even where there is a genuine occupational requirement to employ a woman.

«International law provides that any restriction to rights online must be provided in law, pursuant to a legitimate aim, and limited to only what is necessary and proportionate.

The Court accepted that the interference pursued two of the legitimate aims listed in Articles 8 and 9: «public safety» and the «protection of the rights and freedoms of others».

[21] In other words, in deciding cases relating to Article 8 of the ECHR, the Court must determine whether or not the interference was «in accordance with the law,» whether it pursued a legitimate aim, and whether the interference was «necessary in a democratic society.»

There is however a defence to discrimination if it can be shown that the measure is a proportionate means of achieving a legitimate aim.

In reaching its decision, the Tribunal applied the test of proportionality, which requires that there should be a legitimate aim, that the PCP be necessary to achieve that aim, and that it should be a proportionate means of doing so.

A discriminatory rule or practice can only be justified by reference to a legitimate aim other than the simple saving of cost.

The legitimate aim it pursued was that of providing suitable adoptive parents for a significant number of children who would otherwise go unprovided for.

An interference would be considered «necessary in a democratic society» for a legitimate aim if it answered a «pressing social need» and, in particular, if it was proportionate to the legitimate aim pursued and if the reasons adduced by the national authorities to justify it were «relevant and sufficient».

In determining whether an interference with such rights is justified, the Convention asks whether the interference pursues a legitimate aim, such as national economic interests, and is «necessary in a democratic society».

On the second issue, the court acknowledged that although maintaining public confidence in the penal system had a role to play in the development of penal policy and that punishment was a legitimate aim of imprisonment, these were not the only important considerations.

UKEAT / 0071/17 / LA, Sir Alan Wilkie held that ministers failed to show the pension arrangements were a proportionate means of achieving a legitimate aim.

If so, the employer would need to show that the policy was justified as a proportionate means of achieving a legitimate aim.

Underhill LJ said that he would consider firstly whether the 12 - month condition serves a legitimate aim and if so whether it is a proportionate means of achieving that aim (although there was an overlap between these two issues).

Sir Alan said: «I have identified, in respect of the question of legitimate aims, a series of misdirections by the EJ (Employment Judge) by reason of his misunderstanding of and / or misapplication of the facts and the evidence.

Accordingly, the interference had been proportionate to the legitimate aim pursued and that there had been no violation of Art 10.

While the interference pursued the legitimate aim of protecting the interests of his creditors, such a measure could not remain in place over a long time without periodic reassessment of its justification.

Indirect discrimination is permitted if it is justified — that means that an employer can show it is a «proportionate means of achieving a legitimate aim».

However, if a dress code appears to discriminatory, an employer will not be liable if they can show that the requirements are a proportionate means of achieving a legitimate aim and there is case law which demonstrates that having different dress codes for men and women is not automatically discriminatory.

Organisations can implement policies which at first glance look like indirect discrimination but can be shown to be a «proportionate means of achieving a legitimate aim».

The most powerful example of a legitimate aim is in order to comply with health and safety requirements, but this should nonetheless be proportionate.

Vikki Massarano noted that both cases concluded that there was legitimate aim, the key difference is whether it was justified to bring in the transitional protections.

The Supreme Court considered that as the petitioners were allowed to rely on material not before the decision - maker, it would seem artificial, and even unfair not to allow the respondents to refine the «legitimate aims» previously advanced by reference to new material.

It is a fundamental though qualified right, subject to lawful interference in pursuit of legitimate aims (such as the prevention of fraud and crime) and necessary in a democratic society.

«The Court emphasized that respect for the conditions of «living together» was a legitimate aim for the measure at issue and that, particularly as the State had a lot of room for manoeuvre («a wide margin of appreciation») as regards this general policy question on which there were significant differences of opinion, the ban imposed by the Law of 11 October 2010 did not breach the Convention.»

Here, the legitimate aim consisted of the freedom to receive information and the promotion of media pluralism under Article 11 of the Charter which was particularly relevant in the context of «events of high interest to the public» (paras 51 - 52).

«It is doubtful that the blanket ban on wearing a full - face veil in public pursues a legitimate aim.