📜 Non-Discrimination and Equality Before the Law 📜
Definition of Non-Discrimination
"Non-discrimination" refers to the principle of treating all individuals equally and without
distinction, regardless of their race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status.
Article 2 of the International Covenant on Civil and Political
Rights
Article 2, paragraph 1, of the International Covenant on Civil and Political Rights obligates each
State party to respect and ensure to all persons within its territory and subject to its jurisdiction
the rights recognized in the Covenant without distinction of any kind.
Prohibited Grounds of Discrimination
The following grounds of discrimination are prohibited under Article 2, paragraph 1:
• Race • Color • Sex • Language • Religion • Political or other opinion • National or social
origin • Property • Birth • Other status
Definition of Discrimination
"Discrimination" means any distinction, exclusion, restriction, or preference based on any
ground such as race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth, or other status, which has the purpose or effect of nullifying or impairing
the recognition, enjoyment, or exercise by all persons, on an equal footing, of all rights and
freedoms.
Examples of Discrimination
Ground of Discrimination Example of Discrimination
Race Denying a person a job based on their racial background
Sex Paying a woman less than a man for the same work
Ground of Discrimination Example of Discrimination
Language Refusing to provide language assistance to a person who does not speak the do
Religion Denying a person a promotion based on their religious beliefs
Article 26 of the International Covenant on Civil and
Political Rights
Article 26 provides that all persons are equal before the law and are entitled to equal protection
of the law without discrimination, and that the law shall guarantee to all persons equal and
effective protection against discrimination on any of the enumerated grounds.
Autonomous Right to Non-Discrimination
Article 26 is considered an autonomous right, which means that it provides a separate and
distinct guarantee of non-discrimination, in addition to the guarantees provided in Article 2.
Obligations of States Parties
States parties have the following obligations under Article 26:
• To ensure that their legislation is not discriminatory • To provide equal and effective protection
against discrimination in any field regulated and protected by public authorities • To take
affirmative action to diminish or eliminate conditions that cause or help to perpetuate
discrimination prohibited by the Covenant
Non-Discrimination Principles and Legal Framework
