   prohibit discrimination on the grounds of sexual orientation or sexual identify and provide protection for individuals from homophobic violence and prevent torture and cruel, inhuman and degrading treatment;131 protect and promote the rights of minorities including taking positive action to promote their cultures;132 ensure the persons with disabilities are treated as equal before and under the law.133 14. There is not necessarily an obligation on the State to provide any particular system of education but, if it does so, access to the system cannot be restricted on discriminatory grounds.134 Inter-sectionality 15. It is important to recognise that discrimination may occur on multiple grounds. People do not possess a single defining characteristic and it may not be clear whether a person has suffered discrimination because of his religion, or her ethnic identity or race, or her sex or gender, or for a mix of different prejudices. Human rights treaty bodies have recognised the concept of intersectionality135 but may still treat the different grounds of discrimination separately.136 Protecting the Group 16. Further, many of the international human rights treaties, recognise the need to protect not only the individual but also the individual as a member of a minority137 or of the group, the ‘people’, itself. 138 17. What is a ‘minority’ can include racial, religious, ethnic, linguistic groups,139 but generally is not meant to include sexual minorities, women or those with disabilities. 18. States are required to protect the existence of the minorities within their territory or jurisdiction,140 and ‘take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and 131 A/HRC/19/41. Declaration on the Rights of Persons belonging to National, Ethnic, Religious or Linguistic Minorities, Articles 1 and 4. 133 Article 5 CRPD. 134 European Court, Belgian Linguistics Case, 23 July 1968. 135 See e.g. CERD General Comment No.25, 56th Session (2000); General Comment No.27, CCPR/C/21/Rev.1/Add.9 (1999), para 6; CESCR General Comment No.20, E/C.12/GC/20 (2009). 136 E.g. Communication 24/1977, Lovelace v Canada, 30 July 1981; Communications 9214/80 et al, Abdulaziz, Cabales and Balkandali v UK, 28 May 1985, European Court. 137 E.g. Article 27 ICCPR; Article 30 UNCRC. Human Rights Committee General Comment No.23, U.N. Doc. CCPR/C/21/Rev.1/Add.5 (1994). European Framework Convention for the Protection of National Minorities. 138 Article 1(1) ICCPR. 139 Declaration on the Rights of Persons belonging to National, or Ethnic, Religious or Linguistic Minorities, 1992: GA Res.47/135. 140 Declaration on the Rights of Persons belonging to National, or Ethnic, Religious or Linguistic Minorities, 1992: GA Res.47/135: Article 1(1). 132 43