Understanding Equality Rights

Courts around the world grapple with the adjudication of equality rights, so why should we trust courts to protect these rights adequately? The difficulty with equality rights is mostly due to the fact, that there exists no clear concept of equality itself, and also no clear analytical structure, as for example for freedom rights, that courts could follow. This paper, therefore, proposes a working concept of equality for judicial reasoning. To this end, it will first attempt to disentangle equality from non-discrimination and secondly, analyze the structural characteristics of equality rights, as well as their status in both the infringement and justification stage of rights reasoning. This will bring more clarity on the concept of equality itself, and will also lead to a better understanding of equality rights, which in turn will result in better adjudication of these rights by courts.