Oldal 28 [28]
OCR
IZOLDA TAKÁCS: THROUGH A GLASS DARKLY and their role in society adversely, and they should above all not lead to discrimination. On the contrary, they should rather contribute to an egual distribution of social, political and economic power in order for it to be suitable for all groups.? In summary, this can be interpreted as the principle of freedom and discrimination according to Rawls — i.e. a distributive justice. As a result, if one group is disadvantaged for the benefit of another group because of one of its protected characteristics, fundamental freedoms are also violated. We also understood that the catalogue of human rights, the declaration of fundamental rights, did not fundamentally solve the problem of gender inequality. Therefore, in order to ensure that human rights are not violated (due to fundamental differences), an anti-discrimination legislation was necessary in practical application as well, covering different forms of discrimination, even considering positive discrimination justified in certain cases. We are also aware that this problem, along with the question of justice, can (along with quoting the ideas of some theorists and logically analysing them) primarily be grasped as to what fundamental differences social systems need to take into account, and which are those that need to be considered equal according to the universal human concept. This abstract humanist concept and the inclusion of individual differences also provide the basis for the practical regulation and constitutionalization of equal treatment and equal opportunities. LEGAL REGULATION OF EQUAL TREATMENT IN PRACTICE The rules which prohibit all forms of discrimination against women are sensitive to the principles mentioned in the previous section. The European Community first enshrined the requirement of equal treatment between men and women in Article 141 (ex. Article, 119) of the Treaty of Rome as a right to “equal pay for equal work”. Another significant step was the 1979 CEDAW Convention, which sought to combat discrimination in political participation, education, employment, pay, and family law decisions.*° Hungary, in turn, ratified and introduced it into domestic law by Act X of 1982. In addition, other legal documents contain provisions for women as well, some of which universally prohibit discrimination. For example, States Parties to the European Social Charter adopted in Turin in 1961 were to select a minimum of 16 of the 38 rights, of which 6 were to be selected from the 9 most important, namely the right to work, equality between men and women, the 39 Cf. Monori: Esélyegyenlőség, 8. 19 Kovács: Nemzetközi jog, 376. + 26 +
