Equality Rights

Equality is one of the most important values universally accepted in today’s democratic states and is regarded as a ‘fundamental principle of constitutionalism’. Equality implies treating similar entities similarly on the basis of relevant characteristics. It also acknowledges justifiable differentiation among entities in different circumstances. Its role in modern democratic states in shaping individual status, rights and state obligations is significant. While the principle of equality is widely accepted, its formulation, interpretation and application vary due to historical, cultural and socio-economic factors, leading to differences in application between legal systems. Historical origins date back to ancient civilisations and Enlightenment thinkers. Modern concepts emerged from revolutions and were extended to cover gender, racial and social inequalities and counter balancing means such as affirmative action. The article focusses on the design of non-discrimination and equality clauses in constitutional law and examines non-discrimination on grounds such as sex, sexual orientation, race, ethnicity, nationality, language, religion and disability and their horizontal application.