ABSTRACT

This chapter examines the background concepts and controversies which have motivated discrimination law, contrasting trends in respect of race and gender with those in respect of disability. It argues that a possible way forward lies in the principle of social rights which impose positive obligations to promote equality. A duty to promote equality potentially bridges the gap between the two traditional approaches to tackling inequality: the legal strategy, via anti-discrimination legislation, and the social welfare strategy, which is sometimes seen as patronising and disempowering. The chapter also examines the development of notions of equality and the parallels and contrasts between disability, race and gender legislation. Three main themes are considered: the difference-equality debate, the move from individualism to minority group rights and then to universalism and, finally, the costs of equality. The chapter briefly explores how this has impacted on disability legislation.