Birleşmiş Milletler sözleşme organları uygulamasında dolaylı ayrımcılık: Özgünlük ve uyum değerlendirmesi

The prohibition on indirect discrimination is a widely shared normative ideal but its application varies in different jurisdictions. The United Nations human rights treaty bodies have also applied indirect discrimination within the scope of the prohibition on discrimination and the right to equality. This thesis aims to analyze the approach of the United Nations human rights treaty bodies to indirect discrimination. It examines, firstly, how the approach of the UN treaty bodies locates in the broader jurisprudential context in which the doctrine of indirect discrimination has been developed. It aims to see whether UN treaty bodies adopt sui generis or original interpretation and application compared to other domestic and regional courts. Secondly, it focuses on converging and diverging points in the practice of each UN treaty body under examination. It asks whether there is a unified approach to indirect discrimination at the level of the UN human rights law. Based on a comprehensive examination of the texts of the UN human rights treaties, the views of the treaty bodies on individual communications, general comments or recommendations, and concluding observations, the thesis argues that treaty bodies do not have an original approach to the interpretation of indirect discrimination. However, in the application, they are able to extend the scope of indirect discrimination due to their quasi-judicial character. Further, the thesis shows that the UN treaty bodies do not provide a uniform approach to indirect discrimination. Diverging points in the application of indirect discrimination can be attributed to the differences in the rights and groups covered by each treaty body.