BY
UCHENNA C. AMAEFULE
INTRODUCTION
Non-discrimination has been described as the ‘equal treatment of people in equal position and treating as unequal those in unequal position’.[2] The opposite of non-discrimination is discrimination. Black Law’s Dictionary defines discrimination both as using a law to confer privileges on people or denying them same based on race, age, sex nationality or religion, and giving preferential treatment to people when there is no reasonable distinction between them.[3] Non-discrimination as a principle in international human rights law has become a fundamental concept. Overtime, it has gained prominence across almost all legislations in modern human rights practice. Entrenched at the international, regional and national level, the obligations created by the principle are indeed erga omnes, it having been accepted to possess the distinct character of jus cogens.[4] Thus, states are not permitted to derogate from it. Non-discrimination is at the central theme of present human rights law given that it cuts across all spheres of humanity; be it race, color, religion or something else.
In the light of the foregoing therefore, this paper explores the dominant theme of non-discrimination in some treaties on modern human rights law. Starting with the UN Charter, much attention will be focused on the ICERD from the angle of racial discrimination, which seems to be the most dominant issue in discrimination claims. It also examines decisions, recommendations and general comments of the committee on the elimination of racial discrimination and other human rights bodies. Regional treaties dealing with non-discrimination will also be examined, with particular focus on Africa and Europe. The paper further examines the attitude of judicial and quasi-judicial bodies in the interpretation of these instruments across various regions. It concludes with findings.[5]