Equality should become a denominated core norm in the Constitution, a conference on equality organised by the Irish Council for Civil Liberties was told at the weekend.
The co-ordinator of the Equality Studies Centre in UCD, Ms Kathleen Lynch, said: "A huge section of people above the limit for free legal aid have no resources to fight a Circuit Court case, let alone a High Court case. This has now been lost in the discussion of equality."
Ms Lynch said equality should become a denominated core norm in the Constitution, which would inform, temper and vivify other constitutional provisions. A constitutional provision should be introduced which would guarantee basic economic and social rights.
Ms Lynch said there were many different understandings of equality. "It is those who are most directly affected by injustice or inequality who must always be the final arbiters on the merits of all theories about equality and social justice," she said. "Those who have lived experience have much to teach those of us whose understanding of injustice may be primarily academic or professional."
Three distinct forms of injustice existed in society, she said: economic injustice, political and civil injustices and cultural or symbolic injustices. They demanded action on three fronts. The first involved redistribution of economic resources. In economies such as ours where the State played a pivotal role in both economic development and in economic redistribution, it was possible to have greater economic equality even within the confines of the capitalist system.
However, it was not possible to pursue other forms of social equality until one had gained some effective and more equal form of representation. "Until groups who are directly affected by inequalities or injustices are representing themselves at the negotiating table and until they have their right to participate in policymaking enshrined in law it is difficult to see how radical change can occur," Ms Lynch said.
"I do not believe that groups which are widely divergent in their resources and expertise can be equal partners in any meaningful sense."
She said cultural or symbolic injustice took the form of either the misrepresentation or non-recognition of the culture and values of groups marginalised in our society. It could be seen in the misrepresentation of the way of life of Travellers or the non-recognition of the sign language of deaf people.
"It is self-evident that it is much easier for some groups to vindicate their rights than others," she said. "One of the problems which has to be addressed here is access to the law. We do not have a proper public legal service. The law operates according to private market principles."