Priorytet równości i niedyskryminacji jako tendencja ustawodawcza. Szkic do rozważań
Equality and Non-discrimination Priority — A Legislative Trend: A Sketch for Discussion
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In the article the author refers to legislative trends dictated by gender equality and non-discrimination, appearing clearly in most European Union countries and in the bodies of the EU. An explanation of the new trends in lawmaking requires a reference to the theory of equality, especially equality before the law and, closely related, the issues of discrimination. The author presents the problem of equality in conjunction with the theory of justice. In the light of the theoretical considerations it is possible to assess existing or proposed legislation in various fi elds. The author takes into consideration in his research, above all, legislation introducing civil partnerships and same-sex marriages, and the quotas or parities intended to increase the participation of women in representative governing bodies and in the management of companies, as well as proposals for changes in this respect. Moreover, he provides his refl ections on other legal instruments, e.g. the Council of Europe Convention on preventing and combating violence against women and domestic violence. According to the author, these examples of legislation refl ect the departure from classical and accurate understanding of legal concepts, as well as undue elevation of equality construed without reference to the values and legal principles enshrined in the constitutions of many countries. It would, therefore, be advisable to initiate a wider debate on the relationship between pro-equality initiatives and the entire constitutional axiology.
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