Research Handbook on International Law and Peace
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Research Handbook on International Law and Peace

Edited by Cecilia M. Bailliet

Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.
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Chapter 13: Non-discrimination and equality as the foundations of peace

Vibeke Blaker Strand

Abstract

Equality and non-discrimination have explicitly been included in Article 2 of the UN Declaration on the Right to Peace. This makes it crucial for scholars to provide a legal dogmatic analysis of how non-discrimination and equality law relate to the right to peace more concretely. The chapter investigates the relationship between substantive equality and peace. Four ways in which non-discrimination and equality contribute to the founding of peace are analysed: acknowledging that peace starts in the home; addressing racial hate speech and violence; addressing direct and indirect discrimination; and the introduction of active steps targeted at transformation of society. The chapter acknowledges that the human rights instruments do not exist in a vacuum and highlights the crucial role of civil society – both today and historically – in combating inequality and marginalization.

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