Meital Pinto, ‘Arbitrariness as Discrimination’

The law uses ‘discrimination’ to denote practices of exclusion and distinction that are wrongful from a legal point of view. Anti-discrimination doctrines around the world use the concept of ‘wrongful distinctions’ to enumerate the ways in which irrelevant distinctions between individuals or groups are made and to explain their illegality. But how should the term ‘irrelevant’ be understood in this context? Most legal systems around the world use the term ‘irrelevant’ only in denunciation of distinctions based on ‘common’, ‘classic’, or ‘suspicious’ grounds, such as race-based or sex-based distinctions.

Meital Pinto, Arbitrariness as Discrimination, Canadian Journal of Law and Jurisprudence, Published online by Cambridge University Press: 12 July 2021.

First posted 2021-07-14 18:00:18

Leave a Reply