Social Context and Legal Developments

Abstract

Abstract Anti-discrimination law is necessarily a response to particular manifestations of inequality, which are themselves deeply embedded in the historical and political context of a given society. Discrimination laws are only effective if they are moulded to deal with the types of inequalities which have developed in the society to which they refer. The legal framework has, in turn, developed and changed in response to a variety of influences. This chapter examines the challenges in relation to gender, race, ethnicity, and religion. In each case, it considers the historical, political, and social context in the UK (including the EU and ECHR), US, Canada, India, and South Africa and traces the ways in which the legal framework on the right to equality and non-discrimination has evolved to address these challenges. It considers, in particular, the role of patriarchy, slavery, racism, religious intolerance, and their intersections.