The Concept of Discrimination in International Law: With Special Reference to Human Rights

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Springer Science & Business Media, 2012 M12 6 - 176 páginas
This 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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PART
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
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