General equality vs specific prohibitions of discrimination

ABSTRACT I Many legal systems, in both constitutional and statutory law, distinguish between general guarantees of equality on the one hand and specific prohibitions of discrimination on suspect grounds on the other. The talk will explore how their different normative thickness – the former lacks suspect grounds whereas the latter singles out grounds for protection, such as sex or race, which are axes of societal inequality – impacts legal doctrines, especially on comparator and proof.

BIO I Barbara Havelková is an Associate Professor at the Faculty of Law and a Law Fellow at St Hilda’s College, University of Oxford. Barbara’s research and teaching interests include gender legal studies and feminist jurisprudence, equality and anti-discrimination law, constitutional law, EU law, and law in post-socialist transitions.