1st Edition

Equality and Non-Discrimination under International Law Volume II

Edited By Stephanie Farrior Copyright 2015

    The principles of equality and non-discrimination lie at the heart of international human rights law. They are the only human rights explicitly included in the UN Charter and they appear at the beginning of virtually every major human rights instrument. This volume contains selected works by leading authors on the subject of equality and non-discrimination under international law. The selections are grouped into four sections. The first presents essays that explore theoretical concepts of equality and non-discrimination. The next addresses the development of international legal standards on the subject. The third presents articles analyzing how those standards have been interpreted and applied by UN and regional human rights bodies, and the last contains works on what measures besides legal action States are to take to in order to achieve equality and non-discrimination.

    Contents: Introduction. Part I Concepts of Equality and Non-Discrimination: Equality, Jarlath Clifford; Equality and nondiscrimination, B.G. Ramcharan; Equality and non-discrimination, Daniel Moeckli; The principle of equality or non-discrimination in international law, Anne F. Bayefsky; Non-discrimination and equality, Matthew Craven. Part II Development of International Legal Standards: Colonies, minorities, and women's rights, Johannes Morsink; The racial convention, Michael Banton; Becoming human: the origins and development of women's human rights, Arvonne S, Fraser; The disabilities convention: human rights of persons with disabilities or disability rights?, Frédéric Mégret; Sexual orientation, gender identity and international human rights law: contextualising the Yogyakarta principles, Michael O’Flaherty and John Fisher. Part III Interpreting and Applying the Law: Prohibited discrimination in international human rights law, Dinah Shelton; The CEDAW committee and violence against women, Christine Chinkin; Violence against women as sex discrimination: judging the jurisprudence of the United Nations Human Rights Treaty bodies, Alice Edwards; A critical evaluation of international human rights approaches to racism, Kevin Boyle and Anneliese Baldaccini; The European Court of Justice and anti-discrimination law: some reflections on the experience of gender equality jurisprudence for the future interpretation of the Racial Equality Directive, Sejal Parmar. Part IV Non-Legal Measures for Achieving Equality and Non-Discrimination: Article 10, Fareda Banda; The neglected pillar: the ’teaching tolerance’ provision of the International Convention on the Elimination of All Forms of Racial Discrimination, Stephanie Farrior; Using culture to achieve equality, Ingrid Westendorp. Name index.

    Biography

    Stephanie Farrior is Professor of Law and Director of the Center for Applied Human Rights at Vermont Law School, USA.