Why Benefitting a Person Cannot Constitute a Form of Discrimination

Research output: Contribution to journalArticlepeer-review


The purpose of this article is to discuss whether a person can be discriminated against by means of an action intended to benefit him or her. The discussion is triggered by a recent court decision according to which women may be entitled to compensation for a policy that made them better off in some respect because of its assumed effect on the perpetuation of harmful stereotypes about women. I reject this view, arguing that such effects are neither necessary nor sufficient for an act to be discriminatory. If people stand to directly benefit from some act, they cannot claim discrimination on the basis of such benefit.

Original languageEnglish
Pages (from-to)315-330
Number of pages16
JournalRatio Juris
Issue number4
StatePublished - Dec 2021

Bibliographical note

Publisher Copyright:
© 2022 University of Bologna and John Wiley & Sons Ltd.

ASJC Scopus subject areas

  • Law


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