The prohibition of discrimination

The principle of non discrimination is one of the core principles that govern the human rights law.
It was established for the first time in the Un charter (article 1)
WWII states started to think at human rights not just as a domestic question but as a matter of
interest of the intarnational community as a whole and the UN charter, first international
registration to protect human rights in general. Protection of hr is main objectives of UN.
1)achieve…
The principle of no discrimination is also repeated on the “universal declaration of human rights
slide 2 equal in dignity and rights.
Difference between the chart and the universal declaration of human rights is that the charter
only includes dome grounds of discrimination, ex race sex and religion while the universal
declaration broader another difference is tjate the universal declaration makes both reference to
the principle of non discrimination saying that HR should be granted with no distinction and also
To the principle of equality : there is a difference between equality and discrimination, and the
two notions are also used in oter international HR treaties like the covennatn on HR (slide 3), make
reference to distinction and to the concept of equaity
Slide conservat ive equality vs progressive
Equakity slide
Formal equality : equal treatment of equals, all the people equal before the law that is formal
equality
and substantial equality, yoi have to change the existing situation the status quo, in order to
remove obstacles that prevent effective and concrete equality. Measures to put all the people at
the same level
art 7 declaration of human rights, everyone equal before law and are entitled without
discrimination to equal protection of the law. This means that law should apply in the same way to
everybody, equal protection,legislator ensure substantial equlity, judge should take into
consideration differences among people.
Non discrimination slide
International court of justice
Minorities have right to be treated in different way to respect diversity. Same treatement or some
differences? Court said sometimes it is necessary to use differentmeasures in order to take into
account differences amon people ex minorities that may have different needs.
We see human rights from western point of voew instead is useful to see hR with respect also tu
culturakl identities, violation of Hr . the concept of ewuality shoukd always keep in mind when
dealing with Hr some cases you cant introduce differences ex the discrimination according colour
of skin ,race, in establishing rights and duties of dynamics of the territory, is not considered
reasonable and just
“race and colour do not constitute inthemselves factors which can influence the duties of the
ihabitants of the territory art4
There are some differneces that can never be seen as a ground for discrimination, race can never
be by itself a ground for discrimination.
They can be treated differently according to nationality, nationals from foreign people but not on
question of colour of skin or race.
Discrimination on race costumary law
Slide prohibition of non discrimination,
Difference between equality ans treatment of non-discriminational law is a difference based on
the fact that provisions on equality are general , all the people are equal before the law while in
general prohibition of non discrimination is combined by the indication by some instructions on
the ground of discrimination s that are taken into account.
Article 2 universal declaration of human rights specifies race,colours, political etc
Proihibition of discrimination
Ex sex etc people can’t be discriminized forreasons that are parts of their identity
There are difference not constitute a discrimination because they don’t create a disadvantage,
discr if victim suffered form a disadvantefges cause taken different measures for similar situations.
If u want to demonstrate prohibition, reason of discrimination included in norm he wants to apply,
if there is nothing concerning discrimination of age can’t apply under that rule.
Some discrimination on sex used also including sexual orientation.
U can justify discrimination, but measure should be proportionate and necessary to the objective,
choose the less discriminative measure
Slide Czech republic
Discrimination special classes fro students that have handicaps etc (implimination of substantive
equality) ex people use computer have problems wrinig by hand, this is not discrimination but
facilitate these students
Czech language, minority discrimination, unequal treatment between people(all studentsand
children) they had a disadvantage and it was not justified, indirect discrimination, this measure
was applied with discrimination of roman children, not only the law to how the law is applied.

Pandemic situation
Wether the fact that children were bound to stay at home was indirect discrimination towards
women, they had to take care of children in addition to work

Other example eb vs France

French authorizes singke adoption, in Italy not allowed single persons to adopt a child.
This women lived with another woman and so couldn’t adopt, the justification given by French
authority was

HUDOC causes European court of human rights

Explain the facts – circumstances of the case

Applicant u should select relevant facts
Judge say facts as they are
After facts the court includes relevant law and practices, domestic law and foreign (one slide for
domestic law) , then international conventions , education international convemtion right of child.
Than the law relevant provition of convention of HR
U can put relevant
At the end reasoning of the court on the question. Right to adopt a child not protected art 8 no
guarantee the right to have a family or to adopt, art 8 protects existing relationship within family
And this right not provided by interational la or domestic
It is a choice of the state to adopt, if state ensures right to adopt it should be provided without any
explanation and the practice of administrative authorities was inconsistent because the authority
did not resfuse adoption to single hom person., the nly reason to refuse adoption to this women
was the fact that this women was homos, in this case the concept of sex shuls also inclue sex
orientation, and the court clarified that French domestic regulation recognizes adoption for singles
, this case fell in the scope of artyicle 8 of the convention and the court established that
orientation had decisive role on rejection to adopt and this rejection constitutes discrimination to
single’s people right to adopt.
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