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Discrimination and Human RightsThe Case of Racism$
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Sandra Fredman

Print publication date: 2001

Print ISBN-13: 9780199246038

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199246038.001.0001

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International and European Norms Regarding National Legal Remedies for Racial Inequality

International and European Norms Regarding National Legal Remedies for Racial Inequality

Chapter:
(p.251) 8 International and European Norms Regarding National Legal Remedies for Racial Inequality
Source:
Discrimination and Human Rights
Author(s):

CHRISTOPHER McCRUDDEN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199246038.003.0008

This chapter considers how far there are international or European legal norms that require, or recommend to, national authorities particular approaches to racial discrimination. It considers what guidance the international community and European regional bodies give to national authorities as to the enforcement institutions and remedies that are appropriately provided at the national level to counter racial discrimination within that country. It argues that there is a close connection between the function attributed to anti-discrimination law and the enforcement institutions that are thought to be appropriate and effective. It sketches out three models attached to the developing conceptions of equality, and demonstrates how they relate to different enforcement and remedial structures. The three models are the individual justice model, group justice model, and ‘participative model’.

Keywords:   international community, anti-discrimination law, enforcement institutions, Europe, individual justice model, group justice model, racial discrimination, enforcement, participative model

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