Equality Rights as Human Rights: Reframing Discrimination Law to Advance Equality?

Abstract

Equality rights can be positioned as human rights, in dedicated discrimination statutes, or as a part of employment law. This article interrogates whether this positioning makes a difference to equality rights in practice, drawing on comparative examination of legislation and case law from Australia and the United Kingdom. It represents the first detailed study of equality rights in human rights statutes in Australia. It concludes that the positioning of equality law can make a difference, though the potential benefits of reframing equality rights as human rights have not yet been fully realised in Australian jurisdictions.