mr. (Guido) GT Terpstra

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Title of research: Reconstructing the Equality Principle in a Plural and Multicultural Society.

Promotors: Prof. W. van der Burg and Dr. E.M. Galenkamp

Certain conflicts are inherent to a modern diverse and 'multicultural' society. Customs, attitudes, and beliefs that differ will lead occasionally to contradicting demands. It is remarkable that in legal conflicts, often both sides appeal to the equality- or non-discrimination principle. It seems that the current principles of equality and non-discrimination in the Netherlands are being interpreted in different ways simultaneously. A closer analysis of the equality principle shows that on a philosophical level, equality is an essentially contested concept. A first goal of my research is to identify and analyse all current interpretations and the underlying meanings of the principles of equality and non-discrimination. My premise here is that once the judge identifies the various values and interest that are hidden by the use of the equality principle, multicultural conflicts will be resolved in a more satisfactory and adequate manner. However, it is important that judges have sufficient leeway to work in such a manner. Therefore, the tendency in the Netherlands and the EU to formulate equality law in precise all-or-nothing rules over the past few decades will be scrutinised. At the same time, the importance of preserving the favourable achievements of equality law will be demonstrated.

This PhD research is part of the NWO research project of Prof. Wibren van der Burg and Dr. Marlies Galenkamp: 'Reconstructing Political Philosophy and Legal Doctrine: Doing Justice to Dynamics and Hybrid Identifications'.

Guido Terpstra graduated in constitutional and administrative law and legal philosophy at Leiden University. Afterwards, he worked for some time in the European Law Department at Leiden University.