EXCEPŢII DE LA INTERZICEREA TRATAMENTULUI DIFERENŢIAT – MĂSURILE AFIRMATIVE
EXCEPTIONS FROM THE PROHIBITION OF DIFFERENTIATED TREATMENT - AFFIRMATIVE MEASURES

Summary/Abstract: Not every different treatment is an act of discrimination. The knowledge exceptions to the prohibition of differential treatment are necessary in order to avoid any abuses in applying the non-discrimination principle. The principle of equality has a series of exceptions established by most states. These exceptions aim to achieve effective equality for persons belonging to a disadvantaged group or objectively justified by a legitimate aim and the means of achieving the aim are appropriate and adequate or proportionate to the aim pursued. Exceptions shall be subject to rigorous testing and must fulfill a number of conditions to be accepted as such in practice. Specialized literature knows two exceptions to the principle of equality: affirmative action or positive action and genuine occupational requirements. This article deals with the legal status of affirmative measures.

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