Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Scope of Article 2(1): Freedom from Discrimination

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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

10.1163/ej.9789004149175.i-154.13
/content/books/10.1163/ej.9789004149175.i-154.13
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    A Commentary on the United Nations Convention on the Rights of the Child, Article 2: The Right of Non-Discrimination — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation