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Human Rights and Non-discrimination in the 'War on Terror'$
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Daniel Moeckli

Print publication date: 2008

Print ISBN-13: 9780199239801

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199239801.001.0001

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The Human Right to Non-discrimination

The Human Right to Non-discrimination

(p.57) 3 The Human Right to Non-discrimination
Human Rights and Non-discrimination in the 'War on Terror'

Moeckli Daniel

Oxford University Press

This chapter first sets out the sources of the right to equality and non-discrimination in international, regional, and national law. It then analyses the different tests used by international human rights bodies and national courts to distinguish between permissible and impermissible differential treatment and develops, based on this jurisprudence, a common standard of non-discrimination that can be applied throughout the study to assess specific anti-terrorism measures. According to this standard, differential treatment on the basis of citizenship status, nationality, ‘race’, national or ethnic origin, or religion is only permissible if there are objective and reasonable grounds for it. The existence of a terrorist threat does not, as such, alter this obligation. Therefore, anti-terrorism measures that make distinctions on the basis of any of these criteria will only be compatible with the human right to non-discrimination if they are a proportionate means of achieving the (legitimate) aim of countering terrorism.

Keywords:   equality, international law, regional law, national law, proportionality, emergencies, derogation, international humanitarian law

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