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4 Int'l J. Discrimination & L. 1 (2000)

handle is hein.journals/ijdisclw4 and id is 1 raw text is: International Journal of Discrimination and the Law, 2000, Vol. 4, pp. 1-2 1358-2291/2000 $10 © 2000 A B Academic Publishers. Printed in Great Britain EDITORIAL This issue is concerned with the use of international human rights law in achieving equality and combatting discrimination, its potential as well as its limitations. Ursula O'Hare examines the meaning of the equality principle in international human rights law and considers the potential relevance of the human rights approach to affirmative action for the development of the equality principle in Community law. She argues that the equality principle in human rights law may, in some circumstances, require states to adopt affirmative action. Drawing on human rights law in developing the equality principle in Community law, she argues, would generate a vigorous approach to positive law. She assesses the limits of positive action in Community law and the relevance of human rights standards to the European positive action debate. She then examines the meaning of equality in human rights law, the role of affirmative action in human rights and the nature of states' obligations under human rights law to respect the equality principle. Joan Small and Evadne Grant analyse the meaning and role of equality and its counterpart, non-discrimination, in the South African Constitution and critically review the developing jurisprudence of the Constitutional Court. The authors examine the background to the Constitution and discuss the interpretation of the equality clause by the Constitutional Court. The Court is required to consider interna- tional law in interpreting the Bill of Rights. The challenge for the Court, the authors argue, is to reevaluate the international and com- parative approach in applying it in the South African context. While pointing out that the test for discrimination has caused problems for the judiciary, nonetheless the Court's interpretation of the quality provision has the potential to avoid many of the problems that have been experienced in other jurisdictions. Phillip Tahmindjis reports on the Resolution on Non- Discrimination in Legal Practice passed by the Council of the Inter- national Bar Association in September 1998. Although not legally binding, this Resolution is nonetheless of considerable importance, he argues, as it constitutes the first step in incorporating human rights norms and principles into the working lives of lawyers. It also makes it clear that the issue is being taken seriously by practitioners. He discusses the background of the Resolution, and describes how and why the Resolution was introduced. The Resolution is based on inter- national human rights instruments. Although IBA resolutions are not binding in domestic or international law, they can perform an inform-

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