Authors: Christina Deliyianni-Dimitrakou
Addresses: Law School, Aristotle University of Thessaloniki, Greece
Abstract: Equality is a multi-dimensional concept. In the context of law it is principally identified with formal-legal equality comprising both numerical and proportional equality. Numerical equality grants all individuals the possibility to uphold the same rights and obligations before the law. Contrary, proportional equality imposes the same treatment of the alike and different treatment of the non-alike. Nevertheless, the second principle of proportional equality calling for unlike treatment of the unlike seems to be equally challenging. When implementing this principle, the emerging challenges stem from the widely accepted Western perception that identifies 'diversity' with 'inequality' and inferiority. The present paper will explore these highly challenging issues attempting to enlighten the interpretation of the principle of equality in conjunction with the most cherished value of human dignity.
Keywords: equal opportunities; human dignity; individualistic dignity; inherent dignity; numerical equality; substantial equality; dignitas hominis; proportional equality; diversity; inequality; inferiority.
International Journal of Human Rights and Constitutional Studies, 2015 Vol.3 No.1, pp.4 - 18
Published online: 05 May 2015 *Full-text access for editors Access for subscribers Purchase this article Comment on this article