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Non Discrimination together with equality
before the law and equal protection of the law constitute a basic and general
principle relating to the protection of human rights. Discrimination is illegal
whether based on Race, Ethnicity, Political opinion, Gender, or any other
status. Discrimination, as prohibited by international human rights law, can be
defined as an adverse distinction not found on objective criteria and without
reasonable justification.
As none of the major general human rights
treaties care to define what discrimination is, one must turn to the
issue-specific treaties, the International Convention on the Elimination of All
Forms of Racial Discrimination (CERD)
and the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
CEDAW's Article 1:
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.
CERD's Article 1(1) :
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
The UN Human Rights Committee has drawn on these to arrive at the
following interpretation:
Any distinction, exclusion, restriction of
preference which is based on any ground such as race, colour, sex, language,
religion political or other opinion, national or social origin, property, birth
or other status, and 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.
Discrimination issues