About EQUALS
Social inequality and discrimination constitute enduring threats to the rule of law and human rights worldwide. The role of the law is complex: it can be a powerful force to help overcome inequality and discrimination, but in other ways sometimes sustains or even creates inequality. Our researchers want to better understand the role of law in addressing inequalities, and come up with innovative solutions to combat discrimination. The platform brings together a diverse group of legal scholars who currently study (in)equality and non-discrimination at Utrecht Law School, cutting across legal disciplines.
The Research Platform on Equality Legal Studies (EQUALS) provides a space for scholars from different fields of research within Utrecht Law School (such as criminal law, civil law and constitutional law) to collaboratively examine how law and society either sustain or dismantle inequality and discrimination.
Developing innovative, evidence-based perspectives; contributing to more inclusive and equitable societies.
While the principle of equality stands central to liberal democratic values, achieving equality in everyday life is a never-ending battle. Although laws formally guarantee equal treatment and prohibit discrimination, social and institutional practices can meanwhile persist that perpetuate inequalities across racial, gender, ethnic and socioeconomic lines. Also, laws can get outdated, and may have to be adapted in response to new forms and sources of inequality (including new technologies) and changing [philosophical and theoretical] views on what constitutes a just society.
Main research questions
- How does the law address inequality and discrimination at various levels (national, regional, international)?
- How does the law contribute to perpetuating inequality and discrimination?
- How can legal frameworks and institutions be enhanced to better tackle these issues?
A complex relationship
The premise underlying our platform is that the law’s relationship with inequality and discrimination is complex, and sometimes even paradoxical: on the one hand legal arrangements are known to create and sustain inequality, but on the other hand the law proves time and again to be a vital tool to dismantle inequality and discrimination as well.
Essential to the Platform’s research, therefore, is a focus on the different ways in which institutional and structural discrimination is shaped by legal arrangements – ranging from institutions that regulate social life (such as marriage, parental relations or the provision of passports) to enforcement mechanisms (such as criminal law or the prison system) – which may affect different areas of life, such as health, employment, education, political representation, private relationships or the digital sphere.
Methods
The concept of intersectionality – meaning the interplay between different characteristics of individuals and groups (such as gender, race, class, nationality or age) across individual lives, social practices, institutional arrangements, and cultural ideologies – constitutes a critical element of the Platform’s research agenda.
Central to the Platform’s research approach is also a commitment to avoiding stereotypes and integrating critical theoretical perspectives, such as feminist legal theory and critical race theory. These perspectives are crucial for addressing systemic biases that could potentially influence research methods and outcomes, thereby perpetuating existing stereotypes and inequalities.
To tackle the scarcity of detailed data capturing marginalized communities' experiences, several of our researchers employ quantitative and qualitative methods, including statistical and historical analysis, surveys, and interviews with stakeholders. These research methods –mostly originating from other disciplines (such as the social sciences) – are in the process of being embedded in the legal research and education at the School of Law, and are further explored, tailored and developed as part of Empirical Legal Studies.
Collaboration outside the platform
While the platform is primarily set up to foster the in-depth legal analysis of (in)equality and discrimination, the nature of the research and the proposed methodology will frequently involve the knowledge and skills of researchers from adjacent disciplines and potentially lead to interdisciplinary collaboration. In particular, the research communities (In)Equality and Gender, Diversity and Global Justice – both part of the university-wide programme Institutions for Open Societies (IOS) – share the platform’s view that structural inequalities are deeply embedded within our societal, economic, political, and legal systems.