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Equality and Rights Constitutional perspective defines equality as that which ensures that every individual within a particular context has an equitable opportunity to get the most from their time of existence and the talents at their disposal (Vandenhole 15). Equality seeks to ensure that no individual lead a poorer life simply because of where, what or to whom they were born or what they believe in or whether they are disabled or not (Vandenhole 23). Moreover, Vandenhole (48) added that equality took into cognizance the historical discriminatory attitude that few individuals or groups of people were subjected to on grounds of their particular races, disability, sex or place of birth.
This leads us to respond to the second question regarding which one between rights and equality comes first. From the foregoing description of equality, human rights can be said to enshrine the very tenets of equality. In other words, recognition of equality comes first before declaration of human rights laws to embrace and protect the recognized equality (Vandenhole 52). From a global angle, racism, racial discrimination, xenophobia and many related intolerance that have confronted many nations can thus be said to have been due to lack of provision and recognition of the existing equal opportunity for growth (Vandenhole 78).
However, the preservation of rights is important since by protecting human rights, human equality and other factors that relate to human relationships and coexistence are also protected constitutionally (Vandenhole 83). Based on the earlier argument, for this reason, when asked as to whether the UN declaration was aimed at protecting human rights or equality? One would be quick to concede the argument presented by Vandenhole (123) that the declaration’s objective was to protect the human right.
This is because by protecting the human rights, the declaration would protect within its protective claws the equality of every individual under its umbrella. The declaration was thus intended to embrace the nation’s civil rights and subsequently see to it that disparate unequal treatment of individuals especially in criminal justice systems across the globe ceases to be (Vandenhole 176). However, regressing to the lifestyle led by the founding fathers of the declaration, an opposite of the declaration comes into a picture.
The founders were far from achieving a complete equality neither did they give equal opportunity to people different from their own (Vandenhole 213).Works CitedVandenhole, Wouter, “Non-discrimination and Equality in the View of the UN Human Rights Treaty Bodies.” New Haven, Connecticut: Yale University Press, 2005. Print.
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