ABSTRACT
This chapter provides an analysis of international conventions containing provisions relating to the concept of affirmative action. It is based mainly on the examination of legal doctrine, on the limits international law sets on affirmative action measures. The concept of affirmative action is generally referred to in international law as "special measures". The mention of these "special measures" was made by the Government of India during the drafting of the International Covenant on Economic, Social and Cultural Rights (ICESCR). When assessing affirmative action measures is their relationship with the principle of non-discrimination, which is the reverse formulation of the principle of equality and one of the most fundamental human rights. The requirement of "limited duration" of special measures has been continually stressed in international law. It has been maintained that although the acceptance of affirmative action is not contrary to international law, it does not allow ignoring the limits of affirmative action sanctioned by the Covenants.
