Discuss Legal distinction between direct and indirect discrimination

Discuss Legal distinction between direct and indirect discrimination


For a Masters LLM essay it is not enough to show that you understand the relevant law and legal principles. In addition it is essential that your demonstrate in the way you write your essay that you have read and understood the relevant secondary sources – such as legal journal articles – and that you can use the arguments in these articles to critically analyse the issues raised by the essay question.

You should also be aware that the formative essay is shorter than the summative – so when you come to write your summative essay a lot of extra work is required including more ‘in depth’ research

Essay structure

In general terms, a summative essay should have a brief introduction (about one or two pages long), which explains how you are going to structure the essay in response to the question. The essay should have a conclusion (about two or more pages long) that explains what has been covered in the essay and what you consider (in summary) to be the key issues / principles that have emerged from your analysis.

On ‘Learning Central’ we have placed an essay that Erich Hou wrote a few years ago. To find it, click on the Human Rights module, then on the ‘Assignments’ tab on the left hand side and then on ‘Essay Presentation notes’ – and then on ‘Strong Winds of Change are Blowing’. Looking at this you will see how Erich laid out his essay, used quotes and prepared his bibliography (the essay received a good mark).

Question A

In DH v Czech Republic (Application no. 57325/00. 13 November 2007) the Grand Chamber of the European Court of Human Rights adopted the concept of ‘indirect discrimination’ to describe the injustice experienced by the applicants in that case.

In the context of the DH case:

1. Describe the legal distinction between ‘direct’ and ‘indirect discrimination’;

2. Explain what a person claiming to be the victim of indirect discrimination need establish in terms of evidence – and in particular:

A. What type of evidence can be admitted to establish that indirect discrimination has occurred;

B. What the onus of proof is, in such cases; and;

C. On whom the evidential burden rests in such cases.

Question B

John Stuart Mill famously asserted that:

If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.

Explain the extent to which Mill’s view concerning the primacy of the right to freedom of expression been reflected in the findings of the European Court of Human Rights and/or of the UN Human Rights Committee.

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