EGALITATEA ÎN DREPTURI – CONDIŢIE PRIMORDIALĂ A STATULUI DE DREPT ÎN GARANTAREA NONDISCRIMINĂRII

Abstract

Equality as constitutional principle is when people can equally use all the rights stipulated in the Constitution and other in force laws, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, everyone can equally participate in political, economic, social and cultural life, without discriminations, equally treated by all the public authorities and citizens. The principle of equality requires for equal situations to be applied an equal legal treatment, same as, implies the right to differentiation in legal treatment, because once the equality is not natural, imposing an equal treatment would lead to discrimination. In other words, to equal situations should correspond an equal legal treatment and to different situations – the treatment should be different.