equal rights
The right to equal treatment is an expression, as a subjective right, of the requirement of equality of rights, which applies to both natural and legal persons. Equality of rights – also known as equal rights, that is, equality before the law – is achieved when everyone is subject to the same legal order. This requirement does not ensure that all people have effectively the same rights but it does guarantee that the legislator and the law enforcer apply equal standards to the acquisition, exercise and enjoyment of rights in everyone’s case. This presupposes the recognition of the equal and undiminished legal capacity of all people. Constitutions and international conventions also protect the requirement of equal rights by explicitly prohibiting detrimental differentiation (discrimination). The unjust inequalities that exist in societies create obstacles to the equal enjoyment of rights. In the absence of active supportive measures by the state those who are unfairly disadvantaged by wealth/property, disability or prejudice have no real chance of enjoying rights as much as those who are better off in society. The promotion of equal opportunities is now internationally recognised as a general public duty but it does not give individuals the right to impose specific measures to be taken by the state. The state decides which disadvantaged groups to support and by what means, based on the needs and resources available. As a result of the introduction in Hungary of the “equal treatment directives” which are rooted in EU law, the Equal Treatment Authority (as from 1 January 2021, the Authority has been operating as a Directorate within the Office of the Commissioner for Fundamental Rights) is obliged to monitor various “equal treatment situations” in Hungary. (See also: prohibition of discrimination, prejudice.)