Where it is argued that treatment does not amount to discrimination1 because it has a reasonable and objective justification2, the United Kingdom courts have emphasised that it is the discrimination in a case that has to be justified and not the underlying measure3. Domestic courts have also applied the principle4 that in order to show proportionality, states are not required to show that there was no alternative non-discriminatory means of achieving the stated aim5 and have accepted that it may be proportionate for a state to create a sharp dividing line between categories of case in order to achieve
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