Mich: What is the Purpose of Discrimination Law?: A Pluralistic Account

Refia Kadayifçi-Kaya (Chaire Hoover, UCLouvain)

The main purpose of the law on the elimination of discrimination (discrimination law) is considered as a sort of equality both by the European Union law and by notable discrimination law scholars. The tension between the different concepts of equality, the lack of coherence on the use of the term, and the scepticism on the ultimate value of equality oblige clarifying which equality is the purpose of discrimination law. This paper aims at identifying the concepts of equality that are mostly referred by legislators, judges, and legal scholars; scrutinising the common and diverging points of the different concepts; finally to defend a pluralistic account.