THE CONTENT OF THE PRINCIPLE OF EQUALITY AND NON-DISCRIMINATION AND ITS IMPLEMENTATION INTO NATIONAL LEGISLATION OF AZERBAYJAN

Abstract

The article, consisting of four parts, provides a comprehensive analysis of the content of the principle of equality and non-discrimination, as well as issues of its implementation into national legislation, based on the diversity of views in legal scholarship and international practice.

In the first part of the article, the relevance and scientific novelty of the research are substantiated. It is noted that the principle of equality and non-discrimination constitutes the foundation of the modern human rights system. Overall, this principle ensures the recognition of human autonomy and its real and equal realization for all individuals. The principle of equality and non-discrimination also directly influences the content of other rights.

In the second part of the article, the content and main areas of application of the principle of equality and non-discrimination are analyzed. It is emphasized that equality and non-discrimination represent a fundamental principle governing relations between the individual and the state. The principle has evolved through historical development from a stage of inequality to the concept of formal equality, and subsequently to the notion of substantive (real) equality. Furthermore, since the principle of equality and non-discrimination is grounded in solid international legal foundations, any violations in this sphere may directly affect the international responsibility of states.

In the third part of the article, issues related to the implementation of the provisions of the principle of equality and non-discrimination into the national legislation of the Republic of Azerbaijan are examined. It is noted that, alongside international instruments, the incorporation of the provisions of this principle into national legislative acts is of particular importance, and that the national legislation of the Republic of Azerbaijan has established the relevant and necessary implementation measures in this field.

In the fourth part of the article, key conclusions related to the research are presented. These conclusions encompass the determination of the content and developmental elements of the principle of equality and non-discrimination, the analysis of issues of international responsibility in the relevant sphere, the expansion of international judicial practice, and, finally, national implementation measures.