Part of a series on |
Liberalism |
---|
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. [1] The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. [2] [3] It is incompatible with legal slavery.
Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1] Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination or bias. The general guarantee of equality is provided by most of the world's national constitutions, [4] but specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race, [5] only a few mention the right to equality regardless of nationality. [6]
The Bible says that "You and the foreigner shall be the same before the Lord: The same laws and regulations will apply both to you and to the foreigner residing among you." (Numbers 15:15f)
The legalist philosopher Guan Zhong (720–645 BC) declared that "the monarch and his subjects no matter how great and small they are complying with the law will be the great order". [7]
The 431 BC funeral oration of Pericles, recorded in Thucydides's History of the Peloponnesian War , includes a passage praising the equality among the free male citizens of the Athenian democracy:
If we look to the laws, they afford equal justice to all in their private differences; if to social standing, advancement in public life falls to reputation for capacity, class considerations not being allowed to interfere with merit; nor again does poverty bar the way. [8]
The US state of Nebraska adopted the motto "Equality Before the Law" in 1867. It appears on both the state flag and the state seal. [9] The motto was chosen to symbolize political and civil rights for Black people and women in Nebraska, particularly Nebraska's rejection of slavery and the fact that Black men in the state could legally vote since the beginning of statehood. [10] Activists in Nebraska extend the motto to other groups, for example, to promote LGBT rights in Nebraska. [11]
The fifth demand of the South African Freedom Charter, adopted in 1955, is "All Shall Be Equal Before The Law!" [12]
Article 200 of the Criminal Code of Japan, the penalty regarding parricide, was declared unconstitutional for violating the equality under the law by the Supreme Court of Japan in 1973. This was a result of the trial of the Tochigi patricide case. [13]
Liberalism calls for equality before the law for all persons. [2] Classical liberalism as embraced by libertarians and modern American conservatives opposes pursuing group rights at the expense of individual rights. [3]
In his Second Treatise of Government (1689), John Locke wrote: "A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty." [14]
In 1774, Alexander Hamilton wrote: "All men have one common original, they participate in one common nature, and consequently have one common right. No reason can be assigned why one man should exercise any power over his fellow creatures more than another, unless they voluntarily vest him with it". [15]
In Social Statics , Herbert Spencer defined it as a natural law "that every man may claim the fullest liberty to exercise his faculties compatible with the possession of like liberty to every other man". Stated another way by Spencer, "each has freedom to do all that he wills provided that he infringes not the equal freedom of any other". [16]
Equality before the law is a tenet of some branches of feminism. In the 19th century, gender equality before the law was a radical goal, but some later feminist views hold that formal legal equality is not enough to create actual and social equality between women and men. An ideal of formal equality may penalize women for failing to conform to a male norm while an ideal of different treatment may reinforce sexist stereotypes. [17]
In 1988, prior to serving as a Justice of the Supreme Court, Ruth Bader Ginsburg wrote: "Generalizations about the way women or men are – my life experience bears out – cannot guide me reliably in making decisions about particular individuals. At least in the law, I have found no natural superiority or deficiency in either sex. In class or in grading papers from 1963 to 1980, and now in reading briefs and listening to arguments in court for over seventeen years, I have detected no reliable indicator or distinctly male or surely female thinking – even penmanship". [18] In an American Civil Liberties Union's Women's Rights Project in the 1970s, Ginsburg challenged in Frontiero v. Richardson the laws that gave health service benefits to wives of servicemen, but not to husbands of servicewomen. [19] There are over 150 national constitutions that currently mention equality regardless of gender. [20]
Egalitarianism, or equalitarianism, is a school of thought within political philosophy that builds on the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all humans are equal in fundamental worth or moral status. Egalitarianism is the doctrine that all citizens of a state should be accorded exactly equal rights. Egalitarian doctrines have motivated many modern social movements and ideas, including the Enlightenment, feminism, civil rights, and international human rights.
"Justice as Fairness: Political not Metaphysical" is an essay by John Rawls, published in 1985. In it he describes his conception of justice. It comprises two main principles of liberty and equality; the second is subdivided into fair equality of opportunity and the difference principle.
Liberal feminism, also called mainstream feminism, is a main branch of feminism defined by its focus on achieving gender equality through political and legal reform within the framework of liberal democracy. It is often considered culturally progressive and economically center-right to center-left. As the oldest of the "Big Three" schools of feminist thought, liberal feminism has its roots in 19th century first-wave feminism that focused particularly on women's suffrage and access to education, and that was associated with 19th century liberalism and progressivism. Liberal feminism "works within the structure of mainstream society to integrate women into that structure." Liberal feminism places great emphasis on the public world, especially laws, political institutions, education and working life, and considers the denial of equal legal and political rights as the main obstacle to equality. As such liberal feminists have worked to bring women into the political mainstream. Liberal feminism is inclusive and socially progressive, while broadly supporting existing institutions of power in liberal democratic societies, and is associated with centrism and reformism. Liberal feminism tends to be adopted by white middle-class women who do not disagree with the current social structure; Zhang and Rios found that liberal feminism with its focus on equality is viewed as the dominant and "default" form of feminism. Liberal feminism actively supports men's involvement in feminism and both women and men have always been active participants in the movement; progressive men had an important role alongside women in the struggle for equal political rights since the movement was launched in the 19th century.
Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination. Feminist jurisprudence the philosophy of law is based on the political, economic, and social inequality of the sexes and feminist legal theory is the encompassment of law and theory connected.The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a role in women's former subordinate status. Feminist legal theory was directly created to recognize and combat the legal system built primarily by the and for male intentions, often forgetting important components and experiences women and marginalized communities face. The law perpetuates a male valued system at the expense of female values. Through making sure all people have access to participate in legal systems as professionals to combating cases in constitutional and discriminatory law, feminist legal theory is utilized for it all.
Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing different behaviors, aspirations and needs equally, regardless of gender.
Political equality is the quality of a society whose voluntary members are of equal standing in terms of political power or influence. A founding principle of various forms of democracy, political egalitarianism was an idea which was supported by Thomas Jefferson and it is a concept similar to moral reciprocity and legal equality. The idea suggests all citizens of a certain country must be treated equally solely depending on their citizenship status, not on their race, religion and how clever or how rich they are. Equal citizenship constitutes the core of political egalitarianism. This is expressed in such principles as one person, one vote, equality before the law, and equal rights of free speech.
Susan Moller Okin was a liberal feminist political philosopher and author.
Canada (AG) v Lavell, [1974] S.C.R. 1349, was a landmark 5–4 Supreme Court of Canada decision holding that Section 12(1)(b) of the Indian Act did not violate the respondents' right to "equality before the law" under Section 1 (b) of the Canadian Bill of Rights. The two respondents, Lavell and Bédard, had alleged that the impugned section was discriminatory under the Canadian Bill of Rights by virtue of the fact that it deprived Indian women of their status for marrying a non-Indian, but not Indian men.
The law of equal liberty is the fundamental precept of liberalism and socialism. Stated in various ways by many thinkers, it can be summarized as the view that all individuals must be granted the maximum possible freedom as long as that freedom does not interfere with the freedom of anyone else. While socialists have been hostile to liberalism, which is accused of "providing an ideological cover for the depredation of capitalism", scholars have stated that "the goals of liberalism are not so different from those of the socialists", although this similarity in goals has been described as being deceptive due to the different meanings liberalism and socialism give to liberty, equality and solidarity, including the meaning, implications and norms of equal liberty derived from it.
The Norwegian Association for Women's Rights is Norway's oldest and preeminent women's and girls' rights organization and works "to promote gender equality and all women's and girls' human rights through political and legal reform within the framework of liberal democracy." Founded in 1884, NKF is Norway's oldest political organization after the Liberal Party. NKF stands for an inclusive, intersectional and progressive mainstream liberal feminism and has always been open to everyone regardless of gender. Headquartered at Majorstuen, Oslo, NKF consists of a national-level association as well as regional chapters based in the larger cities, and is led by a national executive board. NKF has had a central role in the adoption of all major gender equality legislation and reforms since 1884.
Equal rights may refer to:
The Declaration on the Elimination of Discrimination against Women is a human rights proclamation issued by the United Nations General Assembly, outlining that body's views on women's rights. It was adopted by the General Assembly on 7 November 1967. The Declaration was an important precursor to the legally binding 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Its aim was to promote gender equality, specifically for protection of the rights of women. It was drafted by the Commission on the Status of Women in 1967. To implement the principles of the declaration, CEDAW was formed and enforced on 3 December 1981.
Legal Momentum, founded in 1970, is a 501(c)(3) nonprofit and the nation's first and longest-serving legal advocacy group for women in the United States. Betty Friedan and Muriel Fox were its co-founders and Muriel Fox is an ongoing leader of the organization. Carol Baldwin Moody became President and CEO in April 2018. The organization, founded as the NOW Legal Defense and Education Fund, became Legal Momentum in 2004. Legal Momentum is a multi-issue organization dedicated to advancing women’s rights and gender equality, particularly in the areas of equal education opportunities; fairness in the courts; ending all forms of gender-based violence; workplace equality and economic empowerment. The organization employs three main strategies: impact litigation, policy advocacy, and educational initiatives. It is headquartered in New York City.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.
Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. This equality right is the first right listed in the Bill of Rights. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination.
Women in Bulgaria refers to women who live in and are from Bulgaria. Women's position in Bulgarian society has been influenced by a variety of cultures and ideologies, including the Byzantine and Ottoman cultures, Eastern Orthodox Christianity, communist ideology, and contemporary globalized Western values.
Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services. Social equality requires the absence of legally enforced social class or caste boundaries and the absence of discrimination motivated by an inalienable part of an individual's identity. For example, advocates of social equality believe in equality before the law for all individuals regardless of sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, or disability. Social equality is related to equal opportunity.
The Equality Act is a bill in the United States Congress, that, if passed, would amend the Civil Rights Act of 1964 to prohibit discrimination on the basis of sex, sexual orientation and gender identity in employment, housing, public accommodations, education, federally funded programs, credit, and jury service. The Supreme Court's June 2020 ruling in Bostock v. Clayton County, Georgia protects gay and transgender people in matters of employment, but not in other respects. The Bostock ruling also covered the Altitude Express and Harris Funeral Homes cases.
Califano v. Goldfarb, 430 U.S. 199 (1977), was a decision by the United States Supreme Court, which held that the different treatment of men and women mandated by 42 U.S.C. § 402(f)(1)(D) constituted invidious discrimination against female wage earners by affording them less protection for their surviving spouses than is provided to male employees, and therefore violated the Due Process Clause of the Fifth Amendment to the United States Constitution. The case was brought by a widower who was denied survivor benefits on the grounds that he had not been receiving at least one-half support from his wife when she died. Justice Brennan delivered the opinion of the court, ruling unconstitutional the provision of the Social Security Act which set forth a gender-based distinction between widows and widowers, whereby Social Security Act survivors benefits were payable to a widower only if he was receiving at least half of his support from his late wife, while such benefits based on the earnings of a deceased husband were payable to his widow regardless of dependency. The Court found that this distinction deprived female wage earners of the same protection that a similarly situated male worker would have received, violating due process and equal protection.
Human rights in Nicaragua refer to personable, political and social rights granted to every human in Nicaragua. Nicaragua derives its understanding of human rights from the Constitution of Nicaragua and international law. Nicaragua is a member state of the United Nations which states that fundamental human rights, such as freedom from slavery and freedom of expression, are enabled for all human beings without discrimination.