In R v Kapp, what is identified as a complex aspect of discrimination cases?

In the case of R v Kapp, the complex aspect of discrimination cases identified is the need to define human dignity. The Supreme Court emphasized that human dignity is a foundational concept in understanding and adjudicating discrimination claims.

In legal contexts, especially regarding discrimination, human dignity relates to the respect and worth every individual is entitled to as a member of society. It shapes how laws and policies should be applied in order to protect individuals from discrimination and ensure that their inherent dignity is recognized and upheld. This complexity arises because human dignity can be subjective and varies across different cultural, social, and individual contexts.

Defining human dignity requires the court to examine not only the legal standards of discrimination but also the societal norms and values that inform our understanding of what it means to respect the dignity of individuals. Thus, this definition becomes central to evaluating whether a particular law or action unjustly discriminates against a group, making it a nuanced and multifaceted issue in discrimination cases.

Other options, while they may play roles in assessments of discrimination, do not encapsulate the core philosophical and legal considerations that defining human dignity entails in this specific context.