Discrimination and Equality PSIR 425 Human Rights Discrimination

Discrimination and Equality PSIR 425 Human Rights

Discrimination �“Treating one or more members of a specified group unfairly as compared to other people” (Oxford Dictionary of Law)

The Universal Declaration of Human Rights � Article 2. � Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-selfgoverning or under any other limitation of sovereignty.

The Covenant of Civil and Political Rights � Article 2 � Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The African Charter on Human and Peoples’ Rights Article 2 Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

The European Convention on Human Rights and Fundamental Freedoms Article 14 – Prohibition of discrimination The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Justice - Aristotle �Aristotle argues that justice consists of treating equals equally and ‘un-equals’, unequally, in proportion to their inequality. �Equality implied in justice can be either arithmetical (based on the identity of the persons concerned – e. g. one state one vote) or geometrical (based on maintaining of the same proportion – e. g. weighted voting system).

Justice - Aristotle �Aristotle distinguishes between corrective justice and distributive justice. �Corrective justice requires that all men are treated equally. �Distributive justice requires that men are given according to what they deserve or merit.

The concept of ‘positive discrimination” �Positively favouring one sex or category of people over others because they are considered to be disadvantaged; �Positive discrimination is usually illegal since it is in itself discrimination;

Equality and Human Rights Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. (The Universal Declaration of Human Rights)

Equality Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Article 14 All persons shall be equal before the courts and tribunals. (The Covenant on Civil and Political Rights)

Equality Article 3 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law. (The African Charter of Human and Peoples’ Rights)

Universality of Human Rights �“One of the most powerful features of human rights framework is the principle that human rights are universal – all people have rights by virtue of being human. ”