Abstract

Chapter 3 introduces the distinction between nondiscrimination rights and substantive human rights as alternative value-protection paradigms. It defines and describes the varieties of nondiscrimination doctrine as they have developed in international human rights law. It compares the various approaches to the nondiscrimination right, observes weaknesses in the common doctrine, and proposes some improvements to rationalize the doctrine. Included in the discussion are the two ways of value protection; the international legal definition of discrimination, including the concepts of similar situations, legitimate aim, and proportionality; the contextual figures in discrimination analysis, including prohibited grounds, the protected interest, the individual and social consequences of discrimination, the source of the threat, and the intention to discriminate.