NON-DISCRIMINATION AND EQUAL TREATMENT IN LAW (CONT.) “embody the principle of the equality of men and women in their national constitutions or other appropriate legislation”; “adopt appropriate legislative and other measures … prohibiting all discrimination against women”; “establish legal protection of the rights of women”, including through public institutions; “refrain from engaging in any act or practice of discrimination”; “take all appropriate measures to eliminate discrimination” by non-state actors; “modify or abolish existing laws, regulations, customs and practices which constitute ­discrimination”; and “repeal all national penal provisions which constitute discrimination” The International Convention on the Elimination of all Forms of Racial Discrimination ­specifically prohibits of discrimination based on “race, colour, descent, or national or e­ thnic ­origin”, cf. Article 1. In the Convention on the Rights of Persons with Disabilities non-­ discrimination is among its general principles, cf. Article 3, and it is among the o ­ bligations of states to “ensure and promote the full realization of all human rights and fundamental ­freedoms for all persons with disabilities without discrimination of any kind on the basis of disability”. Article 5 recognizes the right to equal protection and equal benefit of the law, and ­Article 6 specifically recognizes the issue of double discrimination of women and girls with disabilities. Temporary special measures can be used to ensure substantive equality (affirmative action) and do not constitute prohibited discrimination, cf. Convention on the Elimination of All Forms of Discrimination against Women Article 4, Convention on the Elimination of All Forms of Racial Discrimination Article 1 and Convention on the Rights of Persons with Disabilities Article 5. Non-discrimination is a core principle guiding the human rights system. Every person has a right to enjoy human rights without discrimination. In addition, non-discrimination is a right in itself. The prohibition on discrimination can be found in all human rights 90 treaties. This right is paramount for the fulfilment of all other human rights and is an obligation of immediate effect. The right not to be discriminated against obligates states to take positive action to ensure equal enjoyment of rights.