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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