ABSTRACT

Equality or non-discrimination is one of the most frequently declared norms of international human rights law. The proliferation of variations of the equality norm, beginning with the Universal Declaration of Human Rights, followed the Holocaust and the murder of six million Jews, including one million children. Although equality or non-discrimination is a dominant and recurring theme of international human rights law, the norm is not found in all the different sources of international law in a single, unified form. Nevertheless the subject of international law and the equality or non-discrimination norm can be approached in terms of definitional issues for which international legal materials provide useful solutions. Alternatively, the European Court of Human Rights and the Human Rights Committee might be interpreted as attempting to introduce here a kind of tort notion of forseeability in which some results would not be considered as true consequences of discriminatory rules or their application.