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

Rory O'Connell
Queen's University Belfast - School of Law - Human Rights Centre



International Journal of Constitutional Law, Vol. 2, pp. 267-286, 2008

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.

Keywords: equality, dignity, constitutional law

JEL Classifications: K10

Accepted Paper Series

Date posted: April 06, 2008 ; Last revised: April 16, 2009

Suggested Citation

O'Connell, Rory, The Role of Dignity in Equality Law: Lessons from Canada and South Africa. International Journal of Constitutional Law, Vol. 2, pp. 267-286, 2008 . Available at SSRN: http://ssrn.com/abstract=1116942


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Contact Information

Rory O'Connell (Contact Author)
Queen's University Belfast - School of Law - Human Rights Centre ( email )
Belfast, Northern Ireland BT7 1NN
United Kingdom
+44 (0)28 9097 3459 (Phone)
HOME PAGE: http://www.law.qub.ac.uk/schools/SchoolofLaw/Staff/DrRoryOConnell/
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