Unfair discrimination

[Jonathan Buhacoff]

The right to equal opportunity prohibits unfair discrimination in the allocation or access to resources — that is, in situations where the discrimination relates to some positive gain or the avoidance of loss. The right to fair trial prohibits unfair discrimination in situations where innocence or guilt is decided, and where blame or fault is assigned. The right to dignity prohibits unfair discrimination in the situations where punishment is assigned — that is, in situations where a person is going to be treated differently than others, it should be different based on the situation and not based on the person, so they should be treated like any other person in that situation, in a way that society agrees is fair.

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