Equality and non-discrimination principles in IHRL

Last modified Nov. 16, 2018 8:07 PM by Elisabeth Perioli Bjørnstøl

The equality and non-discrimination principle is present in law instruments that generally deal with human rights, like in the Bill of Rights that comprises the Universal Declaration of Human Rights (UDHR), The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Last modified Nov. 17, 2018 12:16 AM by Elisabeth Perioli Bjørnstøl

The Convention against Torture and Other Inhuman, Degrading Treatment does not present a special percept on equality and non-discrimination, because torture is an absolute right and thus implicit of non-discrimination.

Last modified Nov. 14, 2018 12:10 AM by Elisabeth Perioli Bjørnstøl

In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

Last modified Nov. 14, 2018 12:13 AM by Elisabeth Perioli Bjørnstøl

“For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

Last modified Nov. 14, 2018 12:15 AM by Elisabeth Perioli Bjørnstøl

“States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.”

Last modified Nov. 14, 2018 12:17 AM by Elisabeth Perioli Bjørnstøl

“[…] the right of any person not to be subjected to enforced disappearance, the right of victims to justice and to reparation” -thus without distinction based on any discriminatory ground.

Last modified Nov. 14, 2018 12:30 AM by Elisabeth Perioli Bjørnstøl

“States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.”

Last modified Nov. 14, 2018 7:28 AM by Elisabeth Perioli Bjørnstøl

1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

Last modified Nov. 14, 2018 7:30 AM by Elisabeth Perioli Bjørnstøl

“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Last modified Nov. 14, 2018 7:32 AM by Elisabeth Perioli Bjørnstøl

“The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Last modified Nov. 16, 2018 8:09 PM by Elisabeth Perioli Bjørnstøl

Article 2 states that any person should enjoy the rights enshrined in this document "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”