Today's vote is a major step forward for the American
principle of equal treatment under the law,» said PPFA President Cecile Richards.
Not exact matches
78 However, the absence
of such an autonomous and uniform definition
under European Union law
of the concepts
of social security, social assistance and social protection and the reference to national law in Article 11 (1)(d)
of Directive 2003/109 concerning those concepts do not mean that the Member States may undermine the effectiveness
of Directive 2003/109 when applying the
principle of equal treatment provided for in that provision.
The question the Court needed to answer here was, firstly, whether housing benefits fall
under the concept
of social security and social protection, and secondly, whether the Italian authorities could limit the
principle of equal treatment to «core benefits»
of the social security system in such a way that it would exclude housing benefits.
The landmark judgment, P v Commissioner
of Police for the Metropolis [2017] UKSC 65, concerns the directly eff ective right
of police offi cers
under EU law to have the
principle of equal treatment in relation to employment and working conditions applied to their circumstances.
39
Under Article 2
of the Directive, the «
principle of equal treatment» is to mean that there shall be no direct or indirect discrimination whatsoever on any
of the grounds referred to in Article 1
of that directive.
Thus, as the Commission has rightly pointed out, the very wording
of Article 24 (2)
of that directive shows that it is only during the first three months
of residence that, by way
of derogation from the
principle of equal treatment set out in Article 24 (1), the host Member State is not to be
under an obligation to confer entitlement to social assistance on Union citizens who do not or no longer have worker status.
Finally, respect for human rights obligations, especially the right
of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to equality before the law, including in the enjoyment
of the right to
equal treatment before the tribunals and all other organs administering justice [75], calls for the development
of principles which address the unique evidentiary issues involved in native title litigation, including the reality
of claims based substantially upon orally - transmitted traditions, the lack
of written records
of indigenous laws and customs, the «unsceptical» receipt
of uncorroborated historical evidence incapable
of being tested
under cross-examination, and the epistemological, ideological and cultural limitations
of historical assessments
of traditional laws and customs by non-indigenous commentators.