Prohibition of Discrimination

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Why International Migration Law Does Not Give a License To Discriminate

Juan Amaya-Castro argues that states’ selective immigration policies are discriminatory, and that this discrimination has been legitimized by international (migration) law. From a legal point of view, this is rather a misperception that confuses differential with discriminatory treatment. The latter is not allowed by contemporary international law as this post will show. International migration law is not a self-contained legal regime. It is a multi-layered body of law consisting of various international, regional or bilateral treaties and agreements which leave “the alien’s body protected by a varying number of layers (legal regimes) depending upon the sartorial tastes of the State involved” (Richard Lillich, The Human Rights of Aliens in Contemporary International Law, Manchester UP, 1984, 122). Some of the most migrant-protective layers are certainly those provided by international and European human rights law and principles. As regards migrants’ entry, the UN Human Rights Committee in its 1986 General Comment No 15 noted that the International Covenant on Civil and Political Rights “does not recognize the…

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The Iranian Charter of Citizens’ Rights

 Nazila Ghanea teaches international human rights law at the University of Oxford. 100 days into his presidency, Iranian President Hassan Rohani delivered a partial result on the nuclear issue (see EJIL:Talk! discussion by Dan Joyner)and released his draft Charter of Citizens’ Rights (henceforth ‘the Charter’) on 26 November 2013. Though the Presidential…

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CERD and Hate Speech

An important case on hate speech was recently decided by the CERD Committee, TBB v. Germany, dealing with the intersection or conflict between the prohibition of racial discrimination and the freedom of expression (thanks to Marty Lederman for the pointer). The case concerned an interview given by a Mr Sarrazin in a journal that contained derogatory and offensive…

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The European Court of Human Rights Gets It Right: A Comment on Eweida and Others v the United Kingdom

Dr Erica Howard is senior lecturer in law at Middlesex University and the author of Law and the Wearing of Religious Symbols: European Bans on the Wearing of Religious Symbols in Education (Routledge, 2012). The European Court of Human Rights has delivered its Chamber judgment in the case of Eweida and…

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Women on Board: The EU Commission’s Proposal for a Directive on Improving the Gender Balance among Non-Executive Directors of Companies Listed on Stock Exchanges and Related Measures

Anne Peters is Professor of International and Constitutional Law, University of Basel,  and currently fellow at the Wissenschaftskolleg Berlin. 1. Background and core contents of the proposed Directive On 14 November 2012, the EU Commission tabled a proposal for a Directive on a highly sensitive issue and did so without using the ‘Q-word’ (COM(2012) 614 final).

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