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23 S. Afr. J. on Hum. Rts. 214 (2007)
Redistribution and Recognition: Reconciling Inequalities

handle is hein.journals/soafjhr23 and id is 222 raw text is: REDISTRIBUTION AND RECOGNITION: RECONCILING INEQUALITIES SANDRA FREDMAN* ABSTRACT This paper examines the traditional dichotomy between measures addressing socio-eco- nomic inequalities and those aimed at inequality based on status, such as race, gender, disability or sexual orientation. Using the conceptual framework of recognition and redistribution developed by Nancy Fraser and others, I argue that it is no longer tenable to keep the two spheres separate. Constructing a concept of socio-economic equality without considering the implications for status-based inequality can be damaging and ineffective. Conversely, status-based measures are limited by their inability to mobilise the redistributive measures necessary to make real equality of opportunity and genuine choice possible. The paper begins by examining the interaction between socio-economic and status-based equality. I then sketch out a multi-dimensional notion of substantive equality which attempts to create a synthesis between the aims of both spheres. In the final part, I make some very tentative suggestions as to how the interpenetration can be more meaningfully captured in legal frameworks. I INTRODUCTION In most developed countries, the approach to inequality has developed along two apparently independent trajectories - socio-economic inequalities, and what I shall call 'status-based' inequalities, or inequalities due to group based characteristics such as gender, race or ethnicity. Socio-economic inequal- ity has generally been regarded as a matter of social policy, to be dealt with through the political system on the basis of majoritarian politics. Status-based inequality, by contrast, has generally been constructed in terms of legal rights, whether at constitutional level or through legislation. Thus socio-economic inequalities are traditionally addressed by the welfare state, while status- based inequality has been dealt with by justiciable constitutional equality guarantees or anti-discrimination laws. These boundaries have always disguised the extent of interaction between the two spheres. In particular, the welfare state simultaneously reinforces and alleviates status-based inequalities, especially in respect of gender. But three recent developments have put these demarcations under particular strain. Firstly, it has become clear that status-based discrimination is frequently Professor of Law, Oxford University. Fellow of Exeter College, Oxford. This article has benefited enormously from the discussions at the workshop 'Equality as a Social Right: Towards a Concept of Substantive Equality in Comparative and International Law' held at the International Institute for Sociology of Law, Onati, Spain, 21-23 June 2006. I am also grateful for the helpful comments of the anonymous reviewer.

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