The paper focuses on equality as a primary principle of human interaction. Human beings have basic needs, physical and mental, the fulfilment of which is necessary for a flourishing life. These needs transfer into so-called fundamental rights. Humans are entitled to a life as conscious, autonomous actors in respect to those needs. In this respect all humans are equal. It is proposed here that equality in this sense promotes a situation from which fundamental rights are derived. Thus equality is primary to and the reason why recognition of fundamental rights cannot be left to the chance of social development.