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The Role of Dignity in Equality Law: Lessons from Canada and South Africa

O'Connell, Rory (2008) The Role of Dignity in Equality Law: Lessons from Canada and South Africa. International Journal of Constitutional Law, 6 . pp. 267-286. [Journal article]

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DOI: 10.1093/icon/mon004

Abstract

This paper examines the link made on occasion between the concept of dignity and substantive equality; it is further noted that dignity can have very different meanings in different contexts. While the notion of dignity does not often play a substantive role in the resolution of decisions, sometimes the underlying understanding of dignity does matter. However, in all cases, judges should avoid the temptation to rely on unarticulated value judgments or subjective notions of dignity. When judges make reference to dignity, they should articulate the values underpinning their conception of it.

Item Type:Journal article
Keywords:equality; dignity; comparative constitutional law
Faculties and Schools:Faculty of Social Sciences > School of Law
Faculty of Social Sciences
Research Institutes and Groups:Transitional Justice Institute
ID Code:26537
Deposited By: Professor Rory O'Connell
Deposited On:12 Aug 2013 14:03
Last Modified:17 Oct 2017 16:10

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