Non-discrimination Clause Research Articles

Sexual Rights as Human Rights – Protected under Existing Human Rights Treaties?

AbstractExisting case law under human rights treaties, in particular Article 8 of the European Convention on Human Rights, includes several findings and interpretations related to sexual rights. The sexual identity and orientation of a person, as well as his or her sexual autonomy and integrity have found protection under the right to respect for one's private and family life. Among other important treaty provisions giving protection to sexual rights in the framework of international human rights law are the prohibition of torture and other inhuman or degrading treatment, the prohibition of discrimination, the right to a fair trial and the right to marry and to found a family. Under humanitarian law rape, one of the main forms of violations of sexual integrity and autonomy, is defined as a crime against humanity, with the consequence of individual criminal responsibility arising. Rape committed by a public official during detention has been defined as form of torture by the European Court of Human Rights. Positive state obligations exist under the right to respect for an individual's private life to sanction rape or other breaches of sexual autonomy and integrity when committed by other private individuals. Sexual identity and its manifestations, again, enjoy protection under the right to private and family life, as has been shown by international case law related to homosexuality and transsexualism. Here, the autonomous and independent non-discrimination clause in Article 26 of the International Covenant on Civil and Political Rights is a basis for further guarantees.

How American International Lawyers Prepared for the San Francisco Bill of Rights

Too much has been written lately about the limited approach to human rights at Dumbarton Oaks, the struggle at the San Francisco Conference, and the great flowering of declarations, conventions, covenants and instruments to implement them in the last fifty years. Instead of adding another retelling of these more than twice-told tales, this essay tries to look at the origin of two less known contributions to the law of human rights—the broad nondiscrimination clause which added a more practical meaning to the vague “human rights and fundamental freedoms” phrase; and the bold addition of economic and social rights to the more traditional civil and political rights.

Commentary by the Rapporteur on Derogation

Part II of the Siracusa Principles interprets the principal limitations on set forth in the Covenant as well as certain limitations derived from other sources of international law and makes suggestions as to international supervision of derogations from human rights norms. Unfortunately, lack of time prevented adequate consideration of all aspects of these questions, notably the non-discrimination clause of Article 4(1). The principles contained herein, therefore, while undoubtedly constituting a major contribution to legal doctrine on this topic, should not be considered to preclude the existence or future development of additional principles. The term provisions of the Covenant refers to Articles 6 to 27. The term derogation refers to measures taken pursuant to Article 4 of the Covenant and which would otherwise constitute violations of substantive provisions; it does not include actions justifiable under restriction or limitation clauses or excluded from the protection of the Covenant by definitional clauses such as Article 3(c).

Netherlands Withholding Tax on Dividends Paid to Foreign Parent Companies and Nondiscrimination Clauses?

Netherlands Withholding Tax on Dividends Paid to Foreign Parent Companies and Nondiscrimination Clauses?

Nondiscrimination Clauses Help Even Under FEP Laws

Nondiscrimination Clauses Help Even Under FEP Laws

The Nondiscrimination Clause in Government Contracts

The Nondiscrimination Clause in Government Contracts

Aliens (Non-Discrimination Clause) Case.

Aliens — Legal Position of — Applicability of Revenue Laws to Aliens — Equal Treatment of Aliens and Subjects (“Non-Discrimination Clause”) — Aliens and Political Rights.

Société à Responsabilité Limitée Chaussures Manon v. B. & Co., G.m.b.H.

282Aliens — Legal Position of — Principle of Equal Treatment of Aliens and Subjects (“Non-Discrimination Clause”) — Protection of Trade Names of French Subjects in Germany.