The transformative forces of international law? Questioning equality regimes from a multi-level perspective

Eichler, Jessika (2022) The transformative forces of international law? Questioning equality regimes from a multi-level perspective. Global Constitutionalism, 11 (2). pp. 325-343. ISSN 20453825

Abstract

This article approaches current constitutional conservatism in Europe, focusing on the limits of equality rights regimes. These frameworks, it is argued, provide little leverage for positive discrimination to become articulated, let alone for them to be implemented by public policies. Equality regimes are further disentangled by means of a multidimensional reading of legal orders: particular attention is devoted to international human rights law (IHRL) and European Jus Commune that may inspire shifts in constitutional thinking at domestic levels. In that sense, equality frameworks steadily open up towards an inclusive understanding of human rights based on the transformative forces of international law. A pluralistic idea of those subjected to such regimes will be embraced, hence developing a clearer conception of rights holder categories and ultimately peoples affected in daily practice, particularly minorities. A dedicated focus is placed on ethnic, cultural, religious and linguistic grounds. This may similarly concern intersectionalities and the complexities of overlapping grounds of discrimination. It is stressed that equality is best addressed by means of a multivariate approach to legal orders, their dynamics and ultimately virtuous effects of application.

Item Type:	Article
Identification Number:	10.1017/S204538172200003X
Uncontrolled Keywords:	constitutional conservatism,equality regimes,legal orders,positive discrimination,positive obligations,transformative international law
Depositing User:	Unnamed user with email dini@ub.ac.id
Date Deposited:	10 Jun 2024 02:15
Last Modified:	10 Jun 2024 02:17
URI:	http://repository.ub.ac.id/id/eprint/220615

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