Logo image
Critical Race Theory and Third World Approaches to International Law Analysis of the Relationship between Race and Discrimination in Aoteaora New Zealand Human Rights Law
Graduate Thesis/Dissertation   Open access

Critical Race Theory and Third World Approaches to International Law Analysis of the Relationship between Race and Discrimination in Aoteaora New Zealand Human Rights Law

Ayla Sian Naidoo
Master of Laws - LLM, University of Otago
University of Otago
2023
Handle:
https://hdl.handle.net/10523/16291

Abstract

Aoteaora New Zealand Human Rights Race Discrimination Colourblind Whiteness Race-consciousness CRT TWAIL Formal Equality Substantive Equality International Human Rights Law Racial Inequality
The purpose of this research is to bring to the forefront of Aotearoa New Zealand legal discourse the understudied, yet highly impactful scholarship of Third World Approaches to International Law (TWAIL) and Critical Race Theory (CRT). This thesis examines how CRT and TWAIL legal scholarship relates to Aotearoa New Zealand Raced-Based Anti- Discrimination Law. TWAIL authors critique the Westernised hegemony of legality which has been enabled through colonisation, eurocentrism, and cultural imperialism. CRT scholars look at the treatment of African, Asian and Latinx Americans and how racial laws have enabled systemic racism to manifest in legal institutions which in turn determine the vitality of race-based human rights. Both TWAIL and CRT scholarship analyse the neutrality of law through concepts such as “colour-blindness”, “race consciousness”, “universalism” and “cultural relativism". In turn, these modes of analysis offer a counter-hegemonic framing of law which places race at a focal point of law. CRT and TWAIL scholars relate formal and substantive equality to race-based legislation and offer insight as to how formal equality perpetuates racial inequality and how substantive equality addresses racial inequalities. They nevertheless caution against the formalisation of substantive human rights. Using a CRT and TWAIL lens, this thesis looks at Aotearoa New Zealand’s approach to human rights, particularly race-based discrimination, with a focus on legislation and case law. My research uses a joint CRT-TWAIL analysis and their conceptual tools to analyse Aotearoa New Zealand’s relationship between law and race and how it relates to international human rights legislation and approaches to racial discrimination. In the relationship between race and law, formal equality’s consistent treatment through neutral, universal and colourblind policies enable race-based discrimination to persist. On the contrary, substantive equality aims to address racial discrimination through positive discrimination by enacting race-conscious, culturally relative affirmative action laws and policies.
pdf
NaidooAylaS2023LLM.pdf1.35 MBDownloadView

Metrics

373 File views/ downloads
140 Record Views

Details

Logo image