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A Noble Cause: A Case Study of Discrimination, Symbols, and Reciprocity, in: Diversity and European Human Rights
(2013)
  • Yofi Tirosh, Tel Aviv University
Abstract

This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers – particularly to underprivileged groups. Moreover, I will examine the idea that a party that presents an antidiscrimination claim cannot seek equal allocation of matters that are in themselves inherently discriminatory. This fascinating characteristic of nobility titles – as relics of an old world of rank and social hierarchy – is one of the reasons that the applicants' discrimination claim was rebutted. I dub such claims ‘reciprocal antidiscrimination arguments’, or RADARs, and sketch guidelines for thinking about this type of claims.

Keywords
  • ECHR,
  • Names,
  • Women,
  • Gender,
  • Equality,
  • Discrimination,
  • Semiotics,
  • Reciprocity
Publication Date
2013
Editor
Eva Brems
Publisher
Cambridge University Press
ISBN
978-1-107-02660-5
Citation Information
Yofi Tirosh. A Noble Cause: A Case Study of Discrimination, Symbols, and Reciprocity, in: Diversity and European Human Rights. Cambridge, UK(2013)
Available at: http://works.bepress.com/yofi_tirosh/23/