Lecture notes about Equality and non discrimination focusing on freedom of religion, discrimination, uniformity and equality. Notes include real life examples such as Shamima Begum or law of aliens and definitions as well as specific articles and any concepts.
- 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
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