EVALUATING THE RIGHT TO EQUALITY THROUGH THE LENS OF LEGAL JURISPRUDENCE AND EFFICIENCY CONSIDERATIONS

This study involves a legal evaluation of the right to equality. Legislative and treaty provisions that support and recognize the right to equality are referenced to verify the legal value of the right, including the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (ACHPR), Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR). This research evaluates the right to equality from different dimensions, for example, from the point of view of substantive equality or equality before the law, distributive equality as recognized by Articles 19 and 22 of the ACHPR; the creation of institutionalized standards of equality by virtue of public policies or administrative decisions; and the specification of qualification-based standards of equality that are predicated on efficiency considerations, i.e., quality-based requirements. This research also alludes to various challenges undermining the right to equality, which can be political, administrative, or economic or resource-based limitations. In conclusion, this research reiterates the fact that equality standards are recognized by law, and efficiency considerations can be the basis of its conditionalization, in view of professional or technical qualifications. However, due to existing inefficiencies, inefficacies, and systemic flaws, various economic, administrative, and political factors undermine the right to equality, especially in systemically corrupt countries.