THE RIGHT TO NON-DISCRIMINATION

Part of a series of the Human Rights Programme of the CETIM

64 pages, ISBN 978-2-88053-087-7

Number 13 (June 2011)

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PRESENTATION

Non-discrimination, with its counterpart equality, has a special place among the human rights provisions, considering that all human rights (civil, political, economic, social and cultural) must be implemented for everybody without discrimination and in full equality.

The international human rights instruments prohibit all distinction, exclusion, restriction or other forms of differentiated treatment within any given community – but also between communities – that cannot be justified and that compromises the enjoyment of human rights for all based on the principle of equality.

When one observes the contemporary world from this perspective, one notices that hundreds of millions of persons continue to suffer discrimination throughout the world because they belong to a people or an ethnic group, because of their language, their religious belief, their social and/or economic situation, their political opinions, their sex, their age or because of their sexual orientation.

There is an abundance of publications on the question of non-discrimination, but they are concentrated most often on one of its aspects (education, work, freedom of opinion and expression etc.)1 or on one category of persons (women, indi­genous peoples, religious groups, migrants etc.). This booklet intends to give a “panorama” of the many facets of discrimination.

 
TABLE OF CONTENTS

Introduction
I. International Definition and Content of the Right to Non-discrimination
    A) From a Civil and Political Rights Perspective
    B) From an Economic, Social and Cultural Rights Perspective

II. Other Pertinent Texts
    A) At the International Level
    B) At the Regional Level

III. Obligations of Governments
    A) Legislative and Administrative Measures
    B) Judicial Measures
    C) International Cooperation

IV. Implementation and Oversight Mechanisms
    A) At the National Level
    B) At the Regional Level
        1. European Court of Human Rights
        2. European Committee of Social Rights
        3. Inter-American Court of Human Rights
        4. African Commission on Human and Peoples’ Rights
    C) At the International Level
        1. International Court of Justice
        2. The United Nations Human Rights Treaty Oversight Bodies
        3. Special Procedures of the Human Rights Council

V. Perspectives from the World Conferences on Racism, Racial Discrimination, Xenophobia and the Intolerance Associated With It

Conclusion

Annex

 
 
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SELECTION OF IMPORTANT DOCUMENTS MENTIONED IN THE BOOKLET

Declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities

Adopted by the General Assembly, 18 December 1992

   
   
   
OTHER CETIM PUBLICATIONS ON HUMAN RIGHTS
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