Priorytet równości i niedyskryminacji jako tendencja ustawodawcza. Szkic do rozważań
Equality and Non-discrimination Priority — A Legislative Trend: A Sketch for Discussion

Summary/Abstract: 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 explanationof the new trends in lawmaking requires a reference to the theory of equality, especially equalitybefore the law and, closely related, the issues of discrimination. The author presents the problemof 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 fields. The author takes into considerationin 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 reflections on other legal instruments, e.g. the Council of Europe Conventionon preventing and combating violence against women and domestic violence. According to theauthor, these examples of legislation reflect the departure from classical and accurate understandingof legal concepts, as well as undue elevation of equality construed without reference to the valuesand legal principles enshrined in the constitutions of many countries. It would, therefore, be advisableto initiate a wider debate on the relationship between pro-equality initiatives and the entire constitutionalaxiology.

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