Comparative Discrimination Law, Historical and Theoretical Frameworks

Abstract

Human history is marked by group and individual struggles for emancipation, equality and self-expression. This paper briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. The ILO and Europeanisation of discrimination protections through the Council of Europe and EU are examined. Regional human rights instruments, including those of the Organization of American States, the African Union, the Organisation of Islamic Cooperation, The League of Arab States and Commonwealth of Independent States are cursorily taken up. National discrimination protections include the United States, the United Kingdom and Sweden. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds, including comparative law parameters, the role of law, access to justice, and outcrit theories. This first volume is dedicated to setting out an introduction to the field of comparative discrimination law to give the reader a platform from which to undertake further reading and research in the compelling topic of comparative discrimination law.