Reformulating The Legal Pattern of Women's Rights Protection: A Complementary Pattern of Equality and Equity within the Legal Discourse

Within the juridical discourse of women's rights, the double orientation of the relation between the equality and equity concepts causes a dilemma regarding the meaning and the content. Although international and regional juridical documents expressly consecrate the equality concept, at the national level, the conceptual delimitation equality/equity is not as clear, due to the fact that, the two concepts are usually used in an interchangeable manner. In doctrinal studies, this mistake is rather acclaimed than subject to wariness. In the second plan, our paper aims to establish the signification of the concept of equality and equity. Our main purpose is to substantiate the content of the concept of equity in order to introduce it within the juridical approach of protecting women's rights. The main hypothesis of our study relies in the need to critically re-assess the concept of gender equality thus extending the sphere of women's rights protection by including equity in the paradigm of the legal guarantee of women's rights. From a methodological point of view, our argument is supported by means of the hermeneutics method (as we will pursue the comprehensive understanding of the regulations) and the Cartesian method (which is legitimised by means of questioning the pre-eminence of the equality value as we will strive for absorbing the equity value within the juridical discourse of women's rights).