Abstract

http://ssrn.com/abstract=1371315
 
 

Footnotes (81)



 


 



Equality Rights: What's Wrong?


Reg Graycar


University of Sydney - Faculty of Law

Jenny Jane Morgan


Melbourne Law School

March, 31 2009

RETHINKING EQUALITY PROJECTS IN LAW: FEMINIST CHALLENGES, Rosemary Hunter, ed., Hart Publishing, pp. 105-124, 2008
Sydney Law School Research Paper No. 09/17

Abstract:     
In 2009, Australia is debating whether to have a national bill of rights and remains one of the last western democracies that has not yet legislated for (or indeed constitutionally entrenched) some form of human rights law. Nor is there any guaranteed right to 'equality'. Nonetheless, as feminist legal scholars, our work has been centrally concerned with issues of equality. We argue that equality is deeply implicated as a value in the Australian legal system, despite the absence of some formal instrument or constitutional guarantee.

This discussion asks, perhaps controversially, whether there might be some advantages that flow from that lacuna. Does an absence of formal rights protection leave room for flexibility and for more creative responses for those who have been left outside the mainstream of the legal community? We explore some of the traditional critiques of rights discourses and the persistence of formal equality as the preferred model. We then interrogate these issues by reference to two case studies: first, the recognition of lesbian and gay familial relationships and secondly, in the context of the law governing the regulation of abortion.

Number of Pages in PDF File: 21

Keywords: equality, formal equality, constitutional guarantees, bill of rights, gender, sexuality, disadvantage, outsiders

JEL Classification: K10, K30

Accepted Paper Series


Download This Paper

Date posted: April 1, 2009  

Suggested Citation

Graycar, Reg and Morgan, Jenny Jane, Equality Rights: What's Wrong? (March, 31 2009). RETHINKING EQUALITY PROJECTS IN LAW: FEMINIST CHALLENGES, Rosemary Hunter, ed., Hart Publishing, pp. 105-124, 2008; Sydney Law School Research Paper No. 09/17. Available at SSRN: http://ssrn.com/abstract=1371315

Contact Information

Reg Graycar (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Jenny Jane Morgan
Melbourne Law School ( email )
Victoria, 3010
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 896
Downloads: 93
Download Rank: 166,317
Footnotes:  81

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.312 seconds