The Australian High Court and the guarantee of women's rights

This paper will analyse recent contributions on women's rights from the the Australian High Court. As a part of the Commonwealth, this system has peculiarities that make it interesting to study. It is under the influence of the principle of parliamentary sovereignty, but we can notice differences to guaranteeing equality from, for example, Canada, that has a constitutional recognition of equality as a right (Section 15 of the Canadian Charter of Rights and Freedoms). This study will assess whether the constitutional guarantee of equality brings added value compared to cases where gender equality measures are articulated at the legislative level.