Choose 4 examples of such “concrete legal formulations” and discuss how they “give substance to the notion of equality”. Which concept of equality do they promote and why have you reached that conclus
FACULTY OF LAW
Equality and Non-discrimination
To: Kelley Loper, Faculty of Law
Student number: __________________________________
(Do not write your name)
Total number of words in all answers: ________________
Equality and Non-discrimination
Saturday, 30 May 2020 (5:00 pm)
This assignment is worth 65% of your final mark for this course. Please read the instructions and the question carefully.
Please answer the question below. Your answer should not exceed a total of 4000 words (including any internal references). I will not read any text beyond 4000 words.
This is not a research paper and you are not required to refer to texts outside the course materials, but you may do so if you wish. If citations are needed, please use internal, social science style references within the text of your answer – these should simply state the author’s name, year (only if necessary – i.e. if there is more than one reading by the same author), and page number (e.g. Fredman, 2011, p 15). Do not include footnotes, endnotes or bibliographies. You must use your own words and should limit direct quotations from other sources. Plagiarism will not be tolerated, assignments will be screened via Turnitin, and the relevant University rules apply.
The assignment will be uploaded to Moodle after class on Wednesday, 29 April 2020 and you must upload an electronic version of your answer to Moodle by 5:00 pm on Saturday, 30 May 2020.
Three (3) marks per day will be deducted for late submission (i.e. answers submitted after 5:00 pm on 30 May will be considered 1 day late; answers submitted after 5:00 pm on the 31st will be considered 2 days late, etc.).
In addition to the criteria mentioned in the question below, when I mark your assignments, I will consider whether you have done the following:
1. Provided a thorough analysis of the issues/question based on the available course materials and bearing in mind the word limit.
2. Presented clear arguments and supported your arguments and statements with reasons and evidence.
3. Used a clear, direct writing style with few or no typos or other avoidable errors.
4. Covered the main points and not excluded anything important or particularly relevant from your analysis.
5. Used quotation marks and internal references where needed – but do not use too many direct quotes. Please also remember that any plagiarism will result in a failed paper and will be sent to the Faculty for disciplinary action.
Good luck and enjoy!
Answer the following question. In total your paper should not exceed 4000 words.
In his 2018 chapter on “Equality and Non-discrimination”, Daniel Moeckli observed:
“Equality can be formulated in different ways, and deciding which concept of equality to use is not a question of logic but a political choice. In this sense, equality is an ‘empty idea’1 – it does not answer the questions of who are equals and what constitutes equal treatment. External values, not derivable from the concept of equality, are necessary to answer these questions. The challenge, therefore, is to give substance to the abstract notion of equality by translating it into concrete legal formulations that make clear which forms of unequal treatment are legitimate because they are based on morally acceptable criteria and which ones are wrongful.” (page 149)
Choose 4 examples of such “concrete legal formulations” and discuss how they “give substance to the notion of equality”. Which concept of equality do they promote and why have you reached that conclusion? Based on your analysis of these examples, do you think that the law can be an effective tool for achieving substantive equality? Why or why not?
The “legal formulations” could be international and/or domestic and could be treaty provisions, international treaty body views, regional or domestic judicial decisions, domestic legislation, etc. They must be drawn from each of the 4 different course topics (i.e. race and ethnicity, sex and gender, disability, and sexual orientation and gender identity) and may be from the course materials (including the required readings, class slides, class discussions, etc. Do not choose the provision(s) or examples you wrote about in your short essays.
1 Westen, “The Empty Idea of Equality” (1982) 95 Harvard LR 537.
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