An International Resolution on Non-Discrimination in Legal Practice
| Author | Phillip Tahmindjis |
| DOI | 10.1177/135822910000400104 |
| Published date | 01 March 2000 |
| Date | 01 March 2000 |
International
Journal
of
Discrimination
and
the
Law,
2000, Vol. 4, pp. 73-85
1358-2291/2000 $10
© 2000 A B Academic Publishers. Printed
in
Great Britain
AN
INTERNATIONAL RESOLUTION ON
NON-DISCRIMINATION IN LEGAL PRACTICE
PHILLIP
TAHMINDJIS*
School
of
Law, Queensland University
of
Technology, Brisbane, Australia
ABSTRACT
The International Bar Association resolution on non-discrimination in legal practice
represents an important first step in the incorporation
of
human rights norms and
principles, particularly as they relate to discrimination, into the working life
of
law-
yers.
It
is not a legally binding document, but nevertheless is
of
the highest ethical
significance. Based on international human rights instruments, it necessarily imports
into its terms and concepts both the best and the worst aspects
of
those instru-
ments. It nevertheless represents an expansion in some areas (such as with respect
to harassment and sexuality) and makes it clear where responsibility for the promo-
tion and enforcement
of
these principles lies. In this regard, it may be an important
first step in the transformation
of
the so-called
"soft
law"
of
human rights into a
firmer enforceable domestic version by ultimately requiring the link to be drawn
between malpractice and human rights.
A.
INTRODUCTION
On
13
September, 1998, a significant event occurred which passed
almost unnoticed. On that date, the Council
of
the International Bar
Association (IBA), passed a resolution on non-discrimination in legal
practice. Formed in 1947, the IBA represents over 2.5 million law-
yers world-wide. Its aim is to defend the rule
of
law and lawyers'
rights to practise without interference and to provide an international
forum for legal developments.
It
has consultative status with the
United Nations. 1 A resolution on non-discrimination in the legal pro-
fession from such an organisation is therefore
of
some significance.
This paper details the development
of
the resolution and explains its
importance and impact.
B. BACKGROUND
The idea for the formulation of a resolution on non-discrimination in
legal practice was first raised in 1994 when Committee
11
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