Font Size: a A A

Judgment Of Discrimination In International Human Rights Law Standards

Posted on:2009-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:C C ZhangFull Text:PDF
GTID:2206360242991233Subject:International Law
Abstract/Summary:PDF Full Text Request
Equality and non-discrimination has become one of the elementary principles in international human rights law. There are not only the basic meanings for this principle manipulated in relevant articles of the International Covenant on Civil and Political Rights, but also the right of equality, as an autonomous right, regulated in article 26. The Human Rights Committee is responsible for supervising and ensuring the implementation of the treaty. It considers the communication issued by individuals from state parties in the light of the procedures. Then, as soon as possible, it makes a decision concerning whether the communication is admissible or not. Finally, it will consider the merits and adopt views for the admissible cases.This thesis discusses the views of the communications against parties in accordance of article 26 by individuals. It will be found about the jurisprudence and fundamental rationale of finding discrimination prohibited by article 26, and pointed out the methods of concluding the considerations of similar communications.The first chapter is about the description on the equality and non-discrimination in international human rights law. The concepts of equality, non-discrimination and discrimination, their characters and relations will also be concluded. It is simply introduced about the procedures of individual communication and the essential factors of communications against article 26 of the covenant. Lastly, the standard and methods of judgment will be analyzed and concluded throng considering views of communications by the Human Rights Committee.
Keywords/Search Tags:equality and non-discrimination, discrimination, the procedure of individual communication, the principle of proportionate
PDF Full Text Request
Related items