Equality and Non-Discrimination under International Law

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Equality and Non-Discrimination under International Law

For those who might be interested, here is a link to the introductory chapter in a volume of collected works on the subject published this year by Ashgate, part of a five-volume series on International Human Rights:

Equality and Non-Discrimination under International Law

Issues discussed in this chapter include:

  • theories of equality;
  • formal versus substantive equality;
  • structural and institutional inequality;
  • the drafting history of human rights treaty provisions on equality and non-discrimination;
  • incisive critiques of how UN and regional human rights bodies have interpreted and applied these provisions;
  • non-treaty instruments that have influenced international law and practice;
  • perspectives on how to determine when difference in treatment is permissible or impermissible under international human rights law;
  • what grounds of discrimination are prohibited under international law and why;
  • the intersection of multiple grounds of discrimination;
  • approaches to determining what special measures, also known as affirmative action, are allowed or even required under human rights law;
  • state responsibility for discrimination by non-state actors;
  • legal requirements to use non-legal measures to address discrimination, such as governmental programs to address root causes of the prejudice that leads to discrimination.
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