Equal Protection Under The Law Flashcards, test questions and answers

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What is Equal Protection Under The Law?

Equal Protection Under The Law is a principle of constitutional law that prohibits governments from discriminating between individuals on the basis of race, religion, gender or other characteristics. It requires that all people be treated equally under the law and allows for fair and equal access to legal remedies. This principle is found in several legal documents including the Fourteenth Amendment to the United States Constitution and the Universal Declaration of Human Rights.The Equal Protection Clause of the Fourteenth Amendment states that no state shall deny to any person within its jurisdiction the equal protection of the laws. This clause has been interpreted by courts as providing a broad prohibition against discrimination based on race, sex, religion, or national origin in areas such as voting rights, education, employment opportunities, access to public services and criminal justice proceedings. In addition to forbidding discrimination against individuals on these grounds, Equal Protection Under The Law also requires governments to treat similarly situated people alike. For example, if one group of citizens receives access to a particular benefit or service (such as free health care), then all citizens must receive equal access regardless of race or gender. The concept of Equal Protection Under The Law has been incorporated into other countries’ constitutions as well; most notably in Canada with its Charter of Rights and Freedoms which states: Every individual is equal before and under the law and has the right..to equal protection and benefit without discrimination based on race, national or ethnic origin..or sex. This language reflects many countries’ commitment to promoting equality for all citizens regardless their background or identity. Equal Protection Under The Law is an important legal principle that helps ensure fairness for everyone within society by prohibiting discrimination on certain grounds such as race or gender.