Human Rights Without Discrimination

This paper focuses on the requirement of the U. N. Charter that members shall promote human rights “without distinction as to race, sex, language or religion.†It asks: (1) whether “without distinction†means “without any differentiation†or “without discrimination†; (2) whether the naming of race, sex, language, and religion means that “distinction†on other bases remains permissible, or whether what is ruled out is discrimination of any kind that affects human rights; and (3) whether the search for equality has not been internationalized, at least in principle, and what the implications of the internationalization may be. The inquiry can be classified as legal/philosophical. The third question leads to an analysis of the “without distinction†clause of the Charter in terms of the principle of equality. Claims to nondiscrimination are negative claims to equality, and they have as their counterpart claims to affirmative action on behalf of equality—often for groups. The problem is that affirmative action promoting equality for groups entails differentiations among individuals that may be discriminatory. To resolve the dilemma, the test of reasonableness is endorsed—and the search for standards for judging it goes on—at both the domestic and international levels.