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The Declaration of Principles on Equality reflects a moral and professional consensus among human rights and equality experts done in December 2008.〔Petrova, D., ‘The Declaration of Principles on Equality: A Contribution to International Human Rights Law’, Equal Rights Review, Volume 2, December 2008, pp58-72.〕 It contains 27 principles that establish a new paradigm on equality, drawing on established and emerging principles of international law.〔Declaration of Principles of Equality, Equal Rights Trust, October 2008.〕 It has been described by the High Court of Delhi as reflecting the ‘current international understanding of Principles on Equality.’〔Naz Foundation v. Government of NCT of Delhi and Others, WP(C) No.7455/2001 at 93.〕 ==Background== The need to formulate general legal principles on equality was defined on the basis of (i) acknowledging the pervasiveness of discrimination and the weaknesses in the protection of the right to equality at both international and national levels, (ii) the absence of comprehensive equality legislation in many countries around the world and the recognition that such legislation is necessary to give effect to states’ obligations under international and regional human rights law; (iii) the disparities and inconsistencies in approaches to discrimination and equality in the different frameworks of the UN, EU, the Council of Europe, various national jurisdictions, etc. which meant that virtually none of the key concepts of equality law had universally accepted definitions; (iv) the fragmentation of the anti-discrimination struggle, whereby different status/identity groups are enmeshed in identity politics and are unable to follow a universal human rights approach to equality and develop solidarity with other disadvantaged groups. The Principles on Equality were agreed by a group of experts in several stages of consultations. They were discussed at a conference entitled ‘Principles on Equality and the Development of Legal Standards on Equality’ organised by The Equal Rights Trust (ERT) on 3–5 April 2008 in London. Participants of different backgrounds, including academics, legal practitioners and human rights activists from all regions of the world took part in this event. Participants debated a version of the draft that had incorporated their comments on an earlier document. They subsequently contributed comments. A number of further experts participated in various stages of drafting and deliberation. ERT launched the Declaration of Principles on Equality on 21 October 2008, in London. The document was signed initially by 128 experts from 44 countries, and subsequently by hundreds of others. It establishes, for the first time, general legal principles on equality as a basic human right. The Declaration contains 27 principles on which national equality legislation and policies should be based. The principles formulated and agreed by the experts through a two-year-long consultative process are based on concepts and jurisprudence developed in international, regional and national legal contexts. The Declaration is intended to assist efforts of legislators, the judiciary, civil society organisations and anyone else involved in combating discrimination and promoting equality, in particular through developing effective equality legislation and policies. The legal basis of the 27 Principles is found (i) in the Charter of the United Nations〔United Nations Charter, 1 UNTS XVI, entered into force 24 October 1945.〕 which recognises the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world; (ii) Article 1 of the Universal Declaration of Human Rights〔Universal Declaration on Human Rights, General Assembly resolution 217 A (III), 10 December 1948.〕 proclaiming that all human beings are born free and equal in dignity and rights; and common Article 2 of the International Covenant on Civil and Political Rights〔International Covenant on Civil and Political Rights, 999 U.N.T.S. 171, entered into force 23 March 1976〕 and the International Covenant on Economic, Social and Cultural Rights;〔International Covenant on Economic, Social and Cultural Rights, 993 U.N.T.S. 3, entered into force 3 Jan 1976.〕 (iii) the recognition, in Article 26 of the International Covenant on Civil and Political Rights, of the right to non-discrimination as an autonomous human right and the correlative obligation of States to realise this right; (iv) a number of provisions in international and regional treaties; (v) non-binding opinions, recommendations, and interpretations by organs of international and regional organisation including the Council of Europe; (vi) jurisprudence of international, regional and national courts related to equality. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Declaration of Principles on Equality」の詳細全文を読む スポンサード リンク
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