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HUMAN RIGHTS Flashcards

1
Q

what is step 1 of the Atkinson test?

A

is there a differential treatment or effects as between persons or groups in comparable situations on the basis of a prohibited ground?

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2
Q

what is step 2 of the Atkinson test?

A

does that differential treatment result in material disadvantage?

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3
Q

what case helps determine differential treatment from a ‘comparator group’?

A

McAlister v Air NZ Ltd 2010.

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4
Q

what section of the HRA states indirect discrimination?

A

s 65.

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5
Q

what is indirect discrimination?

A

conduct, practice, requirement or condition that has the effect of treating a person or group of persons differently.

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6
Q

what section of the HRA states positive discrimination?

A

s 73.

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7
Q

what is positive discrimination?

A

measures to ensure equality for the purpose of assisting or advancing persons or group of persons.

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Rights (3 decks)

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