INTERNATIONAL HUMAN RIGHTS LAW – Equality and Non-Discrimination in International Human Rights Law (Li-ann Thio, The Heritage Foundation)

“Equality and non-discrimination” law, much of which impinges on cultural traditions and religious sensitivities, are matters warranting robust public discussion—which is preferable to invoking equality to sneak in a privileged ethic while pretending to be agnostic about the common good. Within a global setting in which fundamental value divergences are acute, it is important to recognise a global margin of appreciation in interpreting contested rights claims and protecting a range of acceptable practices to vindicate the values of pluralism, subsidiarity, and democratic will. No global body is authorised to impose a diktat over a morally charged controversy with a far-reaching social agenda, disregarding the agreement of states and national democratic processes.