The Concept of Discrimination in International Law: With Special Reference to Human RightsThis book was written as a dissertation for the Doctorate of Laws, University of Amsterdam. I am most grateful, first of all, to Professor A. J. P. Tammes, who acted as Promotor. Throughout my working at this study he managed to afford at the same time guidance, inspiration, and complete freedom. I have also benefited much from the suggestions and advice of Dr. Th. e. van Boven of the Dutch Ministry of Foreign Affairs, Member of the U.N. Commission on Human Rights, who was a very helpful Co referent. In earlier stages of the work, the critical remarks by Mr. S. A. Kuipers, Dr. H. Meijers and Miss J. M. van Wouw were of great im portance to me. So was the experience of participating in the program of graduate studies of the Columbia University School of Law, in I968- I969. lowe gratitude to the Amsterdam Law Faculty for having offered this opportunity to me. I am indebted to Miss Sinja Alma for her transforming a chaotic manuscript into a neat typescript in a most capable and patient manner; to Miss E. D. ]. ]ongens for her assistance in sorting out the United Nations documentation; and to Howard S. Gold (Gersono vitch), who was so kind as to correct the faults in my English. Since I went on tinkering with the text I am to blame for all linguistic errors in it. The research for this study was concluded in October, I972. |
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Contenido
5 | |
THE FIELD OF APPLICATION | 19 |
B Treatment of the Individual by the State | 31 |
Treatment through Inaction | 34 |
I8 Objects of Treatment | 35 |
I9 Categories of Individuals | 37 |
2O Genocide as Treatment | 39 |
Executive Judicial Legislative | 40 |
Forbidden Grounds for Differentiation | 82 |
PART TWO V NONDISCRIMINATION CLAUSES IN HUMAN RIGHTS CON VENTIONS | 83 |
The Grounds of the U N Charter | 86 |
Race | 87 |
4o Sex | 90 |
4I Language | 92 |
Religion | 94 |
Additional Grounds General Remarks | 96 |
Legislative Treatment | 42 |
Unequal Treatment | 44 |
DISCRIMINATION | 48 |
Some Definitions | 50 |
Comments of the Definitions | 56 |
Definition adopted in this Study | 60 |
The Element of the Sufficient Connection | 61 |
Voting Rights for Women | 65 |
3O Arbitrariness | 66 |
3I Favourable Unfavourable | 68 |
Discrimination through Equal Treatment | 69 |
Discrimination and Social Rights | 74 |
Nondiscrimination | 78 |
Treaty Definitions | 81 |
Colour | 97 |
Political Opinion | 99 |
National Origin | 100 |
Social Origin IO2 48 Property Other Status IO2 49 Birth | 102 |
Other Grounds in International Instruments | 104 |
Classification of Grounds | 107 |
the Rights | 108 |
The Dependence or Independence of Article 14 of the European Convention on Human Rights II 3 | 113 |
Article 26 of the Covenant on Civil and Political Rights | 120 |
PROTECTION OF MINORITIES AND NONDISCRIMINATION | 140 |
CONCLUSION | 166 |
Bibliography | 174 |
Otras ediciones - Ver todas
The Concept of Discrimination in International Law: With Special Reference ... E.W. Vierdag Sin vista previa disponible - 1973 |
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adopted Albania application article 14 article 26 aspects basis Charter Civil and Political civil rights classification colour Commission on Human Compare concerning constitute Convention on Human Covenant on Civil Covenant on Economic Cultural Rights Danzig definition delegate differential treatment discriminatory distinction element Elimination equal treatment equality and inequality European Commission European Convention example favourable forbidden grounds Forms of Racial fundamental freedoms granted Human Rights Ibidem international law justice language League of Nations legislation linguistic most-favoured-nation national minority national or social non-discrimination clause non-discrimination principle op.cit opinion Organization paragraph particular persons Poland Political Rights Prevention of Discrimination problem prohibition protection of human protection of minorities provisions race Racial Discrimination regarded relations religion religious respect rights and freedoms rule Social and Cultural social origin social rights stateless persons status Sub-Commission sufficient connection term Treaty Treaty of Versailles unequal treatment United Nations Universal Declaration violation words