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Equality before the law is a tenet of some branches of feminism. In the 19th century, gender equality before the law was a radical goal, but some later feminist views hold that formal legal equality is not enough to create actual and social equality between women and men.
Though equality under the law is an American legal tradition arguably dating to the Declaration of Independence, [4] formal equality for many groups remained elusive. Before passage of the Reconstruction Amendments, which included the Equal Protection Clause, American law did not extend constitutional rights to black Americans. [5]
Part IV (Article 15 and 16) outlines women's right to equality in marriage and family life along with the right to equality before the law. Part V (Articles 17–22) establishes the Committee on the Elimination of Discrimination against Women as well as the states parties' reporting procedure.
The resolution, "Proposing an amendment to the Constitution of the United States relative to equal rights for men and women", reads, in part: [1] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States ...
According to Encyclopædia Britannica, it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." [5] Use of the phrase can be traced to 16th-century Britain.
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Equality before law means that the law applies to all peoples equally and without exceptions. For example, the freedom of speech should apply the same to all members of a society. Laws can sometimes be designed to help minimize unequal application. [ 7 ]
Vasak's theories have primarily taken root in European law. In a speech two years later, his divisions follow the three watchwords of the French Revolution: Liberty, Equality, Fraternity. [2] The three generations are reflected in some of the rubrics of the Charter of Fundamental Rights of the European Union.