ABSTRACT

The national legal systems surveyed contain a diversity of provisions on the rights of equality and non-discrimination. Many recognise the principle of equality of all people before the law. This has two aspects. First, a right to be treated equally by legal or other regulations – referred to as equality "in law", and, secondly, a right to the same application of the law by all public bodies – referred to as equality "in the application of the law". These rights stem from the concept of the need for equal treatment for those who are in the same situation. People should not be treated differently, or be required to satisfy different conditions to be entitled to some benefit, unless there is an objective and reasonable justification for the variation. In some legal systems, there is just explicit prohibition of specified tvpes of discrimination.