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EQUAL RIGHTS BETWEEN SEXES open to anyone. This is the first basic condition; the second is that any inequality should bring some benefits to everyone.* In other words, it is no longer acceptable for members of a group to suffer any, even a slight disadvantage, whatever the benefit to others. Stating this, Rawls is confronting Bentham and the utilitarians. Thus, he considers the principle of social difference to only be conceived within the framework of total freedom and in sucha way that it does not put any group in disadvantage. In conclusion, Rawls believes it seems reasonable and generally acceptable that principles should be chosen in order that no one is disadvantaged by natural or social circumstances. The concept of “original position” he coined “is understood as a purely hypothetical situation characterized so as to lead to a certain conception of justice”. The realization of this in turn presupposes a state of equilibrium in which the interests of different social positions, ranks, etc. are balanced, which means that the principles of justice ensure an adequate level of prevalence of each of these interests (relative to one another). This is the idea of the so-called “justice seen as fairness”.*° The criterion of social justice does not include discrimination on the basis of protected property, i.e. discrimination based on sex, origin, race, religion, colour, etc. There is no doubt, however, as stated above, that both gender and cultural differences can create wholly natural (biological) or less natural (hereditary) living conditions, which are nonetheless unfavourable. Disadvantages that adversely affect the chances of a particular group, and deprive the members of a particular group of their basic rights, can posteriorly be compensated for in order to help members of society have access to equal opportunities (tutoring, free education, early retirement, scholarships for women who have children, etc. — see also Article 157 TFEU®*), i.e. the objectively just starting position (with regards to Rawls’ “original position is the appropriate initial status quo”**). But these are not related to performance, so from that point it is only their knowledge, insight, learning, decisions that further their place or position in the social space that is most suitable for them. Illustrated by the chosen subject, it is precisely the constitutional principle of gender equality that de jure means equal rights in all spheres of life, that is, fully equal conditions and opportunities. It is however clear that living conditions and the biological differences between the two genders are radically different, noting in particular a woman’s ability to give birth. These natural differences should however not affect the living conditions of women and men 34 T6éth: John Rawls, n.d. 35 Rawls: A Theory of Justice, 104. 36 T6éth: John Rawls, n. d. 37 http://eur-lex.europa.eu/legal-content/HU/TXT/?uri=LEGISSUM%3Ac10823 (accessed 5 May 2018). 38 Rawls: A Theory of Justice, 11.
