After setting out a general prohibition of discrimination, the Declaration
enumerates specific groups of rights: civil, cultural, economic, political and
social. Articles 3 to 21 describe classic civil and political rights (including
the right to asylum and the right to property). Articles 22 to 28 guarantee
a range of economic, social and cultural rights, with the important recognition in article 28 that: “Everyone
Non-discrimination in the
has the right to a social and internaenjoyment of human rights
tional order in which the rights and
All the core human rights treaties reflect
freedoms set forth in this Declarathe general principle of the Universal
tion can be fully realized.”
Declaration of Human Rights that the
rights they set out should be enjoyed
without distinction of any kind. Article
2 of the Declaration sets out a nonexhaustive list of prohibited grounds for
discrimination:
While the Declaration is, as its
name suggests, not a directly legally binding treaty, its importance
should not be underestimated. It is
of high moral force, representing
as it does the first internationally
agreed definition of the rights of
all people, adopted in the shadow
of a period of massive violations
of the rights it describes. The Declaration also laid the groundwork
for the treaty structure that emerged
in the following decades. More
over, by comprehensively drawing together the different types of
rights, the Declaration emphasizes
the commonality, interrelatedness
and interdependence of all rights,
a fundamental point reaffirmed
many years later in the 1993
Vienna Declaration of the World
Conference on Human Rights.
• Race or colour;
• Sex;
• Language;
• Religion;
• Political or other opinion;
• National or social origin;
• Property, birth or other status.
The same list is included in article 2
of both Covenants. Subsequent treaties
have expanded the list further. Three
are specifically aimed at eliminating
certain forms of discrimination: racial
discrimination, discrimination against
women and discrimination against persons with disabilities.
B. International Convention on the Elimination of All Forms
of Racial Discrimination (1965)
When the Universal Declaration of Human Rights was adopted, broad
agreement already existed that the rights it contained should be translated
into legal form as treaties, which would directly bind those States that agreed
to their terms. This led to extended negotiations in the Commission on Human
Rights, a political body composed of State representatives, which until 2006
5