4 Art. 3 GG: Equality Before the Law

Abstract

This chapter discusses the general right to equality, which provides for equality before the law for all persons. It first provides an overview of the general principle of equality and the provisions contained in Art. 3 of the Grundgesetz (GG) requiring equality before the law (para. 1) and equal treatment of the sexes (para. 2), as well as provisions forbidding discrimination (para. 3). It then considers the three steps adopted by the Federal Constitutional Court to examine the principle of equality: unequal treatment under the law, equal treatment in fact within strict limits, and a general prohibition on arbitrariness. It then examines the jurisprudence of the Court with regard to the principle of equality and the prohibition on differentiation. It also analyses the equality of men and women under Art. 3 para. 2 GG and the legal consequences of violations of Art. 3 GG.