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Scope of Article 2(1): Freedom from Discrimination

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Chapter Summary

This chapter conducts a detailed legal analysis of the right of nondiscrimination, It also grounds the discussion in commonsense understandings that we can relate to the lived experiences of right-holders. The chapter uses the rules of legal interpretation to define the three elements of the right of non-discrimination. The three elements include: (i) differential treatment on forbidden grounds, (ii) impairment, and (iii): protected interests. The chapter discusses the key concepts pertaining to discrimination, which facilitates the application of the elements to real-life situations. It examines the main sources of confusion about freedom from race, etc. discrimination under international human rights law. It briefly discusses four ways that discriminatory affirmative action harms the healthy development of children and adolescents, in addition to impairing the immediate interest at stake. It looks at the forbidden grounds of distinction as a matter of legal interpretation under the Vienna Convention on the Law of Treaties.

Keywords: discrimination; international human rights law; Law of Treaties; right-holders; Vienna Convention



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