Social justice and the judicial interpretation of international equal protection law

Abstract Social justice is turning into an international concern. This development a response to the continuous rise of socioeconomic inequality – gap between rich and poor –growing in several OECD member states since 1970s. International human rights law (IHRL) presently only establishes weak normative framework regarding social justice. article argues that full potential this has still not been activated by adjudication. There are reasons for this: complex history ideas suggesting little common understanding notion justice, focus adjudication on individual rather than constitutional priority liberty over equality rights. Yet, domination liberal started change. The shows how concern beginning be incorporated IHRL judicial interpretation equal protection non-discrimination (international law, IEPL). Integrating IEPL legitimate yet transformative step as it increases discretion at level. More many other rights, highly context-specific depends factual assessment local circumstances. exacerbates institutional legitimacy challenge levelled against courts. However, can alleviated focusing more procedural substantive review.