Requisites: Pre-requisite: [Module LAW08115] Law of Human Rights AND Pre-requisite: [Module LAW08120] EU Law AND Pre-requisite: [Module LAW07109] Scottish Legal System

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.

Upon completion of this module you will be able to

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 so as to identify the relevant legal issues arising therefrom, explain the relevant law; evaluate the relevance of particular factual
information: synthesise case law and statute to reinforce legal points 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; use primary and secondary legal sources; present knowledge and
information using sources from a range of comparative legal jurisdictions to support arguments and conclusions; provide recognized methods of citation and reference
based on OSCOLA