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  • PARENTAL DUTIES OF NON-DISCRIMINATION AND THE SCOPE OF ANTI-DISCRIMINATION LAW

  • Colin Campbell, Patrick Emerton
  • Journal:
    The Cambridge Law Journal / Volume 83 / Issue 2 / July 2024
    Published online by Cambridge University Press:
    16 September 2024, pp. 274-300
    Print publication:
    July 2024
    • Article
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  • Parents’ discrimination against their children is lawful. But the family, as an institution in which social goods are allocated, is as significant as the sites in which anti-discrimination law operates. At least prima facie, therefore, parents should be governed by legal prohibitions on discrimination. While state incursion into family life poses a threat to children’s autonomy, so does parental discrimination against children. Anti-discrimination law therefore needs new institutions to promote the values of non-discrimination in a part of society that currently sits outside anti-discrimination law’s reach. We identify existing regimes that may provide a starting point for this work.