Research Michael Marcondes Smith

Abstract

This project seeks to scrutinise the role of human rights law and particularly the principle of equality and non- discrimination in addressing socio-economic inequality. While the principle of equality and non-discrimination is an obvious entry-point to discuss forms of inequality, it has been side-lined as a way to address socio-economic inequality. The principle has been widely reduced to non-discrimination, leaving out a broader notion of equality that, going beyond the prohibition of discrimination, requires structural change to promote substantive equality. Being so, the equality dimension of the principle is underdeveloped in its content, lacking a precise definition and scope. It is argued that equality can be developed to address socio-economic inequality if given a precise content. This exercise faces, however, challenges in determining and attending to the boundaries of law when it comes to structural social change, keeping in mind the separation of powers. As such, it is pointed out that the problem of socio-economic inequality pushes human rights law to its boundaries, which, up to this point, have not been properly defined. In the context of the equality and non-discrimination principle, research is needed to clarify the role of human rights law in addressing socio-economic inequality beyond the prohibition of discrimination, and so in a positive, transformative, or structural way.

Researcher(s)

• Promoter: Vandenhole Wouter
• Co-promoter: Vanneste Frédéric
• Fellow: Marcondes Smith Michael

Research team(s)

• Law and Development

Project type(s)

• Research Project

Abstract

There is a renewed interest in extreme socio-economic inequality. On the one hand, it is acknowledged that extreme socio-economic inequality is economically and socially harmful. On the other hand, there is an acute awareness that climate change measures, and sustainable development more generally, necessitate a renewed debate on socio-economic distribution. Some have argued that the economy of the future must be distributive by design. Human rights law may make a distinctive contribution to socio-economic distribution, but has not shown as much interest in socio-economic inequality as in status inequality, and may also not be optimally equipped for that task. This project seeks to future-proof human rights law by making it not only redistributive, but also more predistributive by design. In particular, it will focus on strengthening the equality principle in human rights law.

Researcher(s)

• Promoter: Vandenhole Wouter
• Fellow: Marcondes Smith Michael

Research team(s)

• Law and Development

Project type(s)

• Research Project