4, ADDRESSING STATELESSNESS THROUGH THE RIGHTS TO EQUALITY AND NON-DISCRIMINATION Second, the equality framework is expansive. The authors cannot, in these few pages, expound upon the full extent of its potential as a tool for solving statelessness. Accordingly, the following analysis seeks to be illustrative rather than exhaustive, with the focus on some most interesting potential uses of the equality framework. of the 3.1 Equality - a developing concept The scopeand contentofthe rights to equality and to non-discrimination have expanded over time. Initially, the focus was on the formal equality of men and women and different races, meaning that people should be treated the same. At the national level, protection from discrimination was usually restricted to matters such as voting rights rather than being seen as a fundamental principle that is relevant to all areas of life. However, the legal framework has developed and this formalistic approach to equality and non-discrimination has long been seen as inadequate by many. As Khaitan, considering discrimination law, states: Creative legislators and judges, responding to complex social problems, have crafted increasingly sophisticated tools, recognising concepts such as direct and indirect discrimination, affirmative action, reasonable accommodation, harassment, and positive duties. Various groups, spurred on by identity politics, have successfully obtained protection on grounds such as age, disability, religion and sexual orientation |...]. The contexts in which discrimination law operates have also expanded, albeit in a limited fashion. From relatively humble beginnings (mainly) in the constitutional context, several other areas of human activities, including provisions for goods and services, employment, education, housing and healthcare, now fall within its regulatory remit.°? But what does this mean with respect to the protection that the framework affords to stateless persons? 39 Khaitan, supra n4, p. 3. 110