V. Specific Issues
1. As well as being able to understand the basic principles of how rights work,
those implementing human rights strategies must also address certain specific
issues which may be directly relevant to ensuring that human rights are used
to their best. These are:
Equality and non-discrimination
Extra-territorial application of human rights
Accountability of non-State actors
A. The Importance of Equality and Protection from Discrimination in
International Human Rights Law
2. A guarantee of equal treatment is essential to democracy and that democracy
is founded on the principle that each individual has equal value.
3. The protection against discrimination is the cornerstone of international human
rights law’s commitment to equality. Equality lies at the heart of post war human
rights protection and access to equality and the rooting out of unjustified
discrimination has been the motivation behind the emergence of modern
human rights standards. Principles of equality should be seen as the thread
that draws together human rights, and the values of a democratic society,
which flow from them.
4. All human rights treaties include an equality guarantee,115 as do most domestic
constitutional frameworks.116 Similarly at the national level, there are often
comprehensive laws forbidding discrimination. However, there are various
ways of seeking to ensure equality and non – discrimination. For example, all
human rights treaties provide for formal equality or consistency in treatment by
prohibiting unjustified differential treatment. This is known as ��direct
discrimination’.117 Others also impose an obligation on States to secure
substantive equality by, in particular, prohibiting unjustified conditions, which,
whilst neutral in appearance, disadvantage certain protected groups. This is
known as ‘indirect discrimination’.118
115
Articles 1, 2 and 7 UDHR; Articles 1, 2, 3 and 26 ICCPR; Articles 1, 2 and 3 ICESCR; articles 1 and
2 ICERD; Articles 1-4 CEDAW; Articles 2, 50 and 30 CRC; Articles 2, 3, 4, 5 and 12, CRPD; Article 3
Arab Charter; Article 14 ECHR; Article 2 ACHPR; Article 1 ACHR.
116 Palestinian Basic Law, Article 9.
117 Human Rights Committee, General Comment No.18, HRI/GEN/1/Rev.9 (Vol. I) p.195 (1989). CERD
General Recommendation No.14, 42nd Session (1993). Communication 24/1977, Lovelace v Canada,
30 July 1981; Communication 35/1978, Aumeeruddy –Cziffra v Mauritius, 9 April 1981; before the
European Court, Belgian Linguistics Case, 23 July 1968; African Commission, Communications 27/89
et al, Organisation Mondiale contre Torture and others v Rwanda, 31 October 1996; Inter-American
Commission, Case 11.671, Carlos Garcia Saccone v Argentina, Report No.8/98, 2 March 1998.
118 CERD General Recommendation No.14, 42nd Session (1993). See also CERD, Communication
31/2003, LR et al v Slovak Republic, 10 March 2005. Human Rights Committee, Communication
208/1986, Bhinder v Singh v Canada, 9 November 1989. DH and others v Czech Republic, 13th
November 2007, European Court. Belgian Linguistics Case, 23 July 1968.
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