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Abstract:

The practice of positive obligations in international human rights law, particularly through a broader interpretation of treaties related to civil and political rights has been a topic of concern. Despite the fact that evolutive interpretation is a common feature of public international law, its prominent role played by international human rights courts and monitoring bodies required further analysis. Moreover, practical thresholds for a more predictable application of obligations of a positive nature need to be assessed. In relation to equality and non-discrimination, in general, evolutive interpretation has also led to the bourgeoning of further positive obligations and the recognition of the so-called vulnerable groups, a series of special categories requiring preferential treatment. The qualifier 'substantive equality' has led courts and monitoring bodies to read obligations beyond mere abstention from discriminating into human rights treaties, in particular the general (civil and political and economic, social and cultural rights) treaties. This very issue, also enlarging the content of positive obligations and requires specific studies. The thesis will apply the general principles identified in the study of positive obligations, in general, and in the study of non-discrimination into the specific case of racial discrimination, with a view to contribute to a more consistent application of those principles and more principled policy-making.