Equality and Non-discrimination (IHRL) 06/05/22
Concept of Equality
- Rooted in philosophical debate
- International law has concerned itself with inequalities
o Law of aliens – if you go to another country for visit or trade there would be specific
laws for the guests – their rights were different to the citizens = inequality – treated
guests better than citizen
o Minority rights – basically trying to follow equality
o Freedom from slavery
All these concepts led to the idea of equality
- How would this make equality subject to manipulation for collateral benefits
- Were using more discretion to deal with human rights law
- Shamima Begum – should her citizenship be taken away?
- Equality is the cornerstone of all democratic states == equality is an important right
Relationship between equality and discrimination
- Discrimination…focuses on the negative aspect of quality or inequality of opportunity,
inequality of treatment
- The goal of equality is usually achieved through a prohibition on discrimination
- A situation is discriminatory or equal if like situations are treated differently or different
situations treated similarly…practicing equality, de jure equality, will not result in de facto
equality
- If 2 people start of in incomparable situations – treating them similarly will merely
perpetuate this, further accenting the differences.
Preventing and prohibiting discrimination
- Many human rights focus on preventing and prohibiting and eliminating forms of
discrimination
Examples of reservations
o CEDAW – gov of the people’s democratic republic of Algeria wishes to express its
reservations concerning the provisions of article 9 para 2 – which are incompatible
with the provisions of the Algerian nationality code and the Algerian family code
Focuses on if husband and wife get separated – they will be treated
separately – wife’s citizenship won’t be taken away
o Gov of people’s republic of Bangladesh does not consider as binding upon itself the
provisions of article 2, as they conflict with sharia law based on the holy Quran.
o French gov republic 0 declares no provisions of the convention must5 be interpreted
as prevailing over provisions of French legislation which are more favourable to
women than to men. – positive affirmation
Racial Discrimination
- Convention on the elimination o all forms of racial discrimination
- “Represents consensual view against racial discrimination caused by doctrines of racial
superiority and colonialism
Concept of Equality
- Rooted in philosophical debate
- International law has concerned itself with inequalities
o Law of aliens – if you go to another country for visit or trade there would be specific
laws for the guests – their rights were different to the citizens = inequality – treated
guests better than citizen
o Minority rights – basically trying to follow equality
o Freedom from slavery
All these concepts led to the idea of equality
- How would this make equality subject to manipulation for collateral benefits
- Were using more discretion to deal with human rights law
- Shamima Begum – should her citizenship be taken away?
- Equality is the cornerstone of all democratic states == equality is an important right
Relationship between equality and discrimination
- Discrimination…focuses on the negative aspect of quality or inequality of opportunity,
inequality of treatment
- The goal of equality is usually achieved through a prohibition on discrimination
- A situation is discriminatory or equal if like situations are treated differently or different
situations treated similarly…practicing equality, de jure equality, will not result in de facto
equality
- If 2 people start of in incomparable situations – treating them similarly will merely
perpetuate this, further accenting the differences.
Preventing and prohibiting discrimination
- Many human rights focus on preventing and prohibiting and eliminating forms of
discrimination
Examples of reservations
o CEDAW – gov of the people’s democratic republic of Algeria wishes to express its
reservations concerning the provisions of article 9 para 2 – which are incompatible
with the provisions of the Algerian nationality code and the Algerian family code
Focuses on if husband and wife get separated – they will be treated
separately – wife’s citizenship won’t be taken away
o Gov of people’s republic of Bangladesh does not consider as binding upon itself the
provisions of article 2, as they conflict with sharia law based on the holy Quran.
o French gov republic 0 declares no provisions of the convention must5 be interpreted
as prevailing over provisions of French legislation which are more favourable to
women than to men. – positive affirmation
Racial Discrimination
- Convention on the elimination o all forms of racial discrimination
- “Represents consensual view against racial discrimination caused by doctrines of racial
superiority and colonialism
