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What Does Equality under the Law Mean

What Does Equality under the Law Mean

The term “equality before the law” is often used in reference to the rule of law and means: Such laws can punish individuals who have taken advantage of them to impose a semblance of equality. An alternative to this policy would be to introduce a blind admission initiative for universities where information on race, ethnicity, gender and religion is not visible. It is extremely important to hold governments accountable before the law for this fundamental human right and fundamental principle of equal treatment. In many countries, politicians, businessmen and other powerful and wealthy people emerge unscathed from their crimes. If a politician in a country is not even questioned about his corrupt nature and people literally applaud him and re-elect him, there is obviously no legal equality in such a country. Legal equality is great. Any nation that claims to be democratic and free must be legally equal. But I do not believe that equality before the law is always equality in practice. Article 200 of Japan`s Penal Code, the penalty for parricide, was declared unconstitutional by Japan`s Supreme Court in 1973 for violating equality before the law. This was the result of the trial in the case of patricide Tochigi. At the global level, the concept of legal equality was addressed by the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948. According to the UDHR, all member states commit themselves to “universally respect and observe human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.” By 1976, enough countries had ratified the UDHR to make it an official part of international law, meaning that all member states are required to follow the concepts and philosophies contained therein.

Although many countries around the world are still grappling with issues of legal equality, most are struggling to change not only the country`s laws, but also long-standing cultural traditions that also prevent equality before the law. The law in many Middle Eastern countries, for example, which once prevented a woman from inheriting or owning property, has begun to change. The United States has been part of more than one movement to uphold the concept of legal equality. The civil rights movement, the Native American civil rights movement, and the feminist movement are examples of individual groups that fought for and ultimately won equality before the law in the United States. U.S. law prohibits discrimination on the basis of sex, religious preference, race, or a number of other defining characteristics. At Students For Liberty, we believe that equal treatment before the law is a crucial principle that must be universally respected. It is a concept that serves as a prerequisite for a free society and ensures that no individual is above the law. Those in positions of power pose a unique threat to civil liberties if they are not held accountable on an equal footing with any other individual. For example, mixed marriages are prohibited by law. The forced displacement of people has led to the expulsion of millions of black South Africans from their homes and their confinement in predominantly tribal reserves.

The Act was not repealed until 1991 and universal suffrage was not introduced until 1994. 2. It means equality before the law or the equal submission of all classes to the ordinary law of the country administered by the ordinary courts; In this case, the “rule of law” excludes the idea of exempting public servants or others from the duty of obedience to the law that applies to other citizens or from the jurisdiction of ordinary courts. Equality before the law means that all persons have the right to be treated equally before the law. They are also entitled to equal protection by law, which means that all persons have the right to be treated fairly and not to be discriminated against because of their race, colour, sex, language, religion, political opinion, status or any other unlawful ground. 1. It means. absolute supremacy or predominance of ordinary law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, privilege or even broad discretion on the part of the government. The English are governed by law, and by law alone; A man can be punished for breaking the law, but he cannot be punished for anything else. Grace Mugabe, wife of former Zimbabwean dictator Robert Mugabe, has been responsible for violent clashes on several occasions but has never been prosecuted.

It is clear that diplomatic immunity constitutes a serious derogation from the principle of equal treatment before the law. Several states have banned racial discrimination and racial preferences in government. Yet some state and local government agencies have attempted to undermine these prohibitions by adopting policies that allow for racial decision-making. PLF enforces these government prohibitions in court when they are undermined or challenged. In South Africa, non-white people under apartheid faced a system of racial segregation and economic and political discrimination. Under the Population Registration Act 1950, South African citizens were classified as white, Bantu, coloured or Asian. A race classification office was created and these classifications were divided into different subcategories, each with different legal consequences. Article 7 of the Universal Declaration of Human Rights (UDHR) states: “All are equal before the law and are entitled to equal protection of the law without discrimination.” [1] Therefore, everyone must be treated equally before the law, regardless of race, sex, colour, ethnic origin, religion, disability or other characteristics, without privilege, discrimination or prejudice. The general guarantee of equality is provided by most national constitutions around the world,[4] but the specific implementations of this guarantee vary.

For example, while many constitutions guarantee equality regardless of race,[5] few mention the right to equality regardless of nationality. [6] In 1988, before becoming a Supreme Court justice, Ruth Bader Ginsburg wrote: “Generalizations about what women or men are – confirming my life experience – cannot reliably guide me in making decisions about particular individuals. At least in the law, I did not find any natural superiority or impairment in either sex. In teaching or classifying documents from 1963 to 1980, and now reading pleadings and hearing arguments in court for over seventeen years, I have not discovered any reliable indicators or clearly masculine or certainly feminine thinking – not even calligraphy. [18] In a project on women`s rights by the American Civil Liberties Union in the 1970s, Ginsburg in Frontiero v. Richardson called for laws that would provide health care to soldiers` wives, but not to the husbands of female soldiers. [19] There are currently more than 150 national constitutions mentioning gender equality. [20] High net worth individuals, influential companies, people working in the legal profession or law enforcement, and those involved in organized crime, among others, can potentially use their position to engage in bribery and corruption. There is a global system for ranking levels of corruption, and the most corrupt countries are also those with the least freedom. Corruption creates an imbalance in treatment before the law and hinders the development of a free society. www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/rights-equality-and-non-discrimination In Australia today, this principle underpins the foundations of our government, where everyone is held accountable according to the laws of the land.

These laws are enacted by Parliament and then administered and interpreted by the courts to ensure a safe and free society for all citizens. Under the rule of law, EVERYONE, including the Prime Minister and law enforcement officials, must abide by the law. There are no exceptions. It is therefore clear that legal equality is only effective to a certain extent. If these laws are not put into practice, it will not eliminate inequalities. Among the many principles that form the basis of the law is the principle of legal equality. As the name suggests, it is the principle that every person be treated equally before the law, or in other words, demands equal protection of the law for all, regardless of race, sex, religion or any other determining characteristic. The extent to which this principle is observed in legal systems around the world varies considerably. Long-standing cultural traditions have prevented equality in some countries, while intolerance has prevented equality in others.