27
Judgment No. CCZ 2/18
Constitutional Application No. CCZ 86/15
mentioned examples of different treatment are derived. Equal treatment is a principle but its
mechanical application ignoring all concrete factors engenders injustice. Accordingly, it requires
different treatment, taken into consideration, of concrete circumstances of individual cases. The
different treatment is permissible and required by the considerations of justice; it does not mean a
disregard of justice.
… Different treatment must not be given arbitrarily; it requires reasonableness, or must be in
conformity with justice, …”.
McCrudden C and Prechal S, in an article entitled “The Concepts of Equality and NonDiscrimination in Europe: A practical approach”, European Network of Legal Experts in the Field
of Gender Equality, November 2009, refer to the Aristotelian conception of equality applied in
Europe which has two dimensions: like cases should be treated alike, and different cases should
be treated differently. An example of Cyprus is given where it is stated that the Supreme
Constitutional Court of that country accepts that the:
“… right to equality is subject to reasonable differentiations between inherently different situations.
On the other hand, arbitrary unreasonable differentiations not justified by the intrinsic nature of
things, will contravene the equality principle.”
The authors go on to write that:
“In France, the Constitutional Council has held that the principle of equality does not preclude
legislation from laying down different rules for categories of persons in different situations or
legislation from laying down different rules where the difference of treatment is justified by general
interest and where the difference of treatment is compatible with the purpose of the legislation. In
Poland, too, the Constitutional Court has interpreted the constitutional principle of equality to mean
that all subjects characterised by a certain feature or belonging to a certain category must be treated
equally, without any differentiation, neither in a discriminatory manner, nor more favourably.”
The acceptance of different treatment of people in different positions as a means to achieve
equality in India was made clear in the case of V.M. Syed Mohammad and Company v The State
of Andhra 1954 AIR 314, [1954] SCR 1117 at p 1120. The right to equal protection of the law in
India is provided for under Article 14 of its Constitution, which provides that the State shall not
Select target paragraph3
Add to table of contents