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Human Rights, Equality, and Discrimination: A Conceptual Overview

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2022, 5(2), pp.1-25
  • DOI : 10.22976/JHRS.2022.5.2.1
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : November 19, 2022
  • Accepted : December 12, 2022
  • Published : December 31, 2022

Jiewuh Song 1

1서울대학교

Accredited

ABSTRACT

This article presents a conceptual overview of the relation between discrimination and inequality in human rights. Drawing on themes from human rights theory, theories of discrimination, and egalitarian theory, it presents a conceptual mapping on which (i) the non-discrimination principle in the human rights practice is egalitarian in a status egalitarian sense, with implications for the justifiability of particular kinds of material inequality, such that specifying the sense of equality at stake becomes normatively relevant; (ii) wrongful discrimination in human rights is fruitfully understood in reference to a pluralist egalitarian framework; and (iii) material inequalities resulting from wrongful discrimination are related to but distinct from material inequalities resulting from unfairness, in ways that have ramifications for debates about measures such as affirmative action.

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