There are no pre-requisites for this module to be added

The right to equality is ubiquitous in human rights instruments in jurisdictions throughout the world. Yet the meaning of equality and non-discrimination are contested. Is equality formal or substantive, and if the latter, what does substantive equality entail? Which groups should be protected from discrimination and how do we decide? How do we capture conceptualisations of equality in legal terms and when should equality give way to other priorities, such as conflicting freedoms or cost?

The aim of this module is to examine these and other key issues through the prism of comparative law. Given the growing exchange of ideas across different jurisdictions, the comparative technique is a valuable analytic tool to illuminate this field. At the same time, the module pays attention to the importance of social, legal, and historical context to the development of legal concepts and their impact.

The first half of the module approaches the subject thematically, while the second half of the module addresses individual grounds, ending with a consideration of remedial structures. Theory is integrated throughout the module, and the relationship between grounds of discrimination and other human rights is explored.

The module will be predominantly based on materials from the US, Canada, South Africa, India, the UK, EU, and ECHR, although some materials from other Commonwealth countries or individual European countries will be included. International human rights instruments are also examined.

LO1 Demonstrate an in-depth knowledge and understanding of the scope of UK equality and discrimination laws;
LO2 Critically analyse and evaluate theoretical and contextual background of UK equality and discrimination laws;
LO3 Demonstrate a knowledge and broad understanding of what constitutes equality and unlawful discrimination based on a study of comparable jurisdictions;
LO4 Analyse a given set of facts to identify the relevant legal issues arising and synthesise different points of law when reaching a reasoned conclusion;
LO5 Identify and retrieve up to date legal information using paper and electronic repositories and to provide recognized methods of citation and reference based on OSCOLA.