On the basis of an analysis of the main international human rights instruments, the concept of human rights will be clarified by identifying different categories of human rights (Chapter I).

A more theoretical approach contributes to specify the characteristics of the socio-economic rights which are different from those of civil rights and fundamental freedoms, as also shown in the case law of the South African Constitutional Court (Chapter II).

The principle of equality is most fundamental. That is why all human rights instruments contain at least a non-discrimination clause and oft en also a general prohibition of discrimination (Chapter III).

A related question concerns the concept of affirmative action which has been strongly influenced by the case law of the US Supreme Court (Chapter IV).