Session outline four: Non-discrimination in law enforcement Objectives Participants will be familiarized with the legal requirements for non-discriminatory behaviour, and sensitized to the damaging effects of discriminatory attitudes Sources UDHR (arts. 1, 2 and 7) ICCPR (preamble, arts. 2, 3, 10 and 26) ICERD (preamble, paras. 5, 8, 9 and 19; arts. 2 and 5) CEDAW (preamble, paras. 3, 9 and 14; arts. 2, 3, 4(2), 5, 7 and 12(2)) CRC (arts. 37 and 40) Code of Conduct (arts. 1 and 2) SMRTP (rules 5, 8, 53, 82 and 85(2)) Principles on Detention or Imprisonment (principle 5(2)) Beijing Rules (part 1, rules 1-8) Standards All human beings are born free and equal in dignity and rights.19 Human rights derive from the inherent dignity of the human person.20 Law enforcement officials shall at all times fulfil the duty imposed on them by law, by serving the community and by protecting all persons against illegal acts.21 Law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.22 All persons are equal before the law, and are entitled, without discrimination, to equal protection of the law.23 In protecting and serving the community, police shall not unlawfully discriminate on the basis of race, gender, religion, language, colour, political opinion, national origin, property, birth or other status.24 It shall not be considered unlawfully discriminatory for the police to enforce certain special measures designed to address the special status and needs of women (including pregnant women and new mothers), juveniles, the sick, the elderly and others requiring special treatment in accordance with international human rights standards.25 The recruitment, hiring, assignment and promotions policies of police agencies shall be free from any form of unlawful discrimination.26 19 UDHR, article 1; ICCPR, preamble. UDHR, article 1; ICCPR, preamble. 21 Code of Conduct, article 1. 22 Code of Conduct, article 2. 23 UDHR, article 7; ICCPR, article 26; International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter “ICERD”), articles 2 and 5. 24 UDHR, article 2; ICCPR, articles 2 and 3; ICERD, articles 2 and 5; Code of Conduct, articles 1 and 2. 25 ICCPR, article 10; Convention on the Elimination of All Forms of Discrimination Against Women (hereinafter, “CEDAW”), articles 4(2) and 12(2); Convention on the Rights of the Child (hereinafter “CRC”), articles 37 and 40; Standard Minimum Rules for the Treatment of Prisoners (hereinafter “SMRTP”), rules 5, 8, 53, 82 and 85(2); Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (hereinafter “Principles on Detention or Imprisonment”), principle 5(2); and Standard Minimum Rules for the Administration of Juvenile Justice (hereinafter “The Beijing Rules”), see generally, Part 1, rules 1-8. 26 ICCPR, articles 2, 3 and 26; ICERD, preambular paragraphs 5, 8, 9 and 10, and articles 2(1)(e), 2(2) and 5(e); CEDAW, preambular paragraphs 3, 9 and 14, and articles 2(d)-(f), 3, 5(a) and 7(b). 20 50