Chaper Seventeen: Prohibited Discrimination in International Law
THE DIVERSITY OF INTERNATIONAL LAW: ESSAYS IN HONOUR OF PROFESSOR KALLIOPI K. KOUFA, p. 261, Aristotle Constantinides & Nikos Zaikos, eds., 2009
34 Pages Posted: 19 Mar 2013
Date Written: 2009
This essay assesses how the prohibition of discrimination is understood in contemporary international human rights law. The essay aims to determine whether human rights bodies apply coherent theories when deciding which distinctions are permitted and which are invidious. The essay begins by surveying the provisions of human rights instruments such as the U.N. Charter that call for non-discrimination and equality. Next, the essay examines the jurisprudence of international tribunals and monitoring bodies, including judgments, advisory opinions, general comments, and observations on state periodic reports. The conclusion draws from this body of law a general approach to discrimination in international human rights law.
Keywords: discrimination, international law, human rights law, human rights instruments, U.N. Charter, human rights bodies, equality, non-discrimination, international tribunals
JEL Classification: K40, K33, K19
Suggested Citation: Suggested Citation