Most people would acknowledge that in any society, flexibility, choice, dynamism, and the general freedom to act and to innovate are qualities which provide the climate for change, growth, wealth creation, and social and cultural development. This is by no means to suggest that a society which is devoid of any system of enforceable rights, or has only a primitive rights regime, can reasonably expect to be regarded by its own citizens, or by the world at large, as an enlightened or liberal society nor is it reasonable to regard a society that is characterised by an unremitting search for codified restrictions on the freedoms of its citizens as one that is liberal, enlightened or in any sense likely to serve the better interests of its citizens, including their overall economic interests.
Like most things in life, it is a matter of finding the right balance. I believe that it does no disservice to the worthy objective of advancing equality in society to point out that, unless that endeavour is characterised by reason and common sense and unless we are free to ask whether each and every identified right requires statutory clothing, the society, in the end, will tend to suffer rather than gain. Put another way, there is always a potential trade-off between two different forms of equality, namely, equality of opportunity and equality of outcome.