Prohibition of gender discrimination in some international regulations

• Author: Catalina-Adriana Ivanu
• Position: The Bucharest University Economic Study, Law Department, Bucharest, Romania
• Pages: 59-65

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 59-65

59

PROHIBITION OF GENDER DISCRIMINATION IN SOME

INTERNATIONAL REGULATIONS

C. A. Ivnu

Ctlina-Adriana Ivnu

The Bucharest University Economic Study, Law Department, Bucharest, Romania

*Correspondence: Ctlina-Adriana Ivnu, The Bucharest University Economic Study, The

Law Department, 15-17 Dorobani Avenue, District 1, Postal Code 71131, Bucharest,

Romania, room 2506

E-mail: catalinaivanus@gmail.com

Abstract

Non-discrimination it is considered a basic and general principle relating to the

protection of human rights. International human rights system aims to protect against gender

discrimination in two ways: through the principles of non-discrimination and equality in

treaties that do not focus specifically on the enjoyment of women rights and through a

women-specific human rights treaty.

Keywords: equalityfundamental rights, gender, international law

Introduction

Non-discrimination it is considered a basic and general principle relating to the

protection of human rights. International human rights system aims to protect against gender

discrimination in two ways: through the principles of non-discrimination and equality in

treaties that do not focus specifically on the enjoyment of women rights and through a

women-specific human rights treaty.

This article aims to present the main international provisions on prohibition of

discrimination, especially gender discrimination.In acest articol nu se vor prezenta

prevederile de la nivelul UE. This article will not present EU provisions.

1. The definition of discrimination

The Human Rights Committee consider that “non-discrimination, together with

equality before the law and equal protection of the law without any discrimination, constitute

a basic and general principle relating to the protection of human rights.”1

Neither the Universal Declaration of Human Rights nor the International Covenants

define “discrimination”. A definition of this term can only be found in conventions and

declarations dealing with specific types or forms of discrimination. Article 1 of the

Convention on the Elimination of All Forms of Discrimination against Women defines

discrimination against women as “any distinction, exclusion or restriction made on the basis

of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or

exercise by women, irrespective of their marital status, on a basis of equality of men and

women, of human rights and fundamental freedoms in the political, economic, social, cultural,

civil or any other field”.

Article 1 of the Convention on the Elimination of All Forms of Racial Discrimination

defines racial discrimination as “any distinction, exclusion, restriction or preference based on

race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying

1Human Rights Committee, General Comment No. 18, para. 1.