Governments' Obligations to Ensuring the Human Right to Freedom from Discrimination

 

What provisions of human right law guarantee everyone the Human Right to Freedom from Discrimination?

Includes excerpts from:

  the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights,  the International Covenant on Civil and Political Rights,  the Convention on the Elimination of All Forms of Discrimination Against Women,   the Convention on the Elimination of All Forms of Racial Discrimination,   the Convention on the Rights of the Child, and  the Convention against Discrimination in Education.

"All human beings are born free and equal in dignity and rights.... Everyone is entitled to ... rights ... without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.... All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.... Everyone, without any discrimination, has the right to equal pay for equal work...." --Universal Declaration of Human Rights, Articles 1, 2, 7, and 23

 

"States Parties...undertake to guarantee that ... rights ... will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.... States Parties ... undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights.... The States Parties ... recognize the right of everyone to ... Fair wages and equal remuneration for work of equal value without distinction of any kind.... Equal opportunity for everyone to be promoted.... Education ... shall be made equally accessible to all." --International Covenant on Economic, Social and Cultural Rights, Articles 2, 3, 7, and 13

 

"Each State Party ... undertakes to ... ensure ... rights ... without distinction of any kind...; to ensure that any person whose rights or freedoms ... are violated shall have an effective remedy...; ... to ensure the equal right of men and women to the enjoyment of all civil and political rights.... All persons shall be equal before the courts.... States Parties ... shall take appropriate steps to ensure equality of rights ... of spouses as to marriage, during marriage and at its dissolution.... Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor.... All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.... [The] law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground.... In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language." --International Covenant on Civil and Political Rights, Articles 2, 3, 14, 23, 24, 26 and 27

 

"States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means ... a policy of eliminating discrimination against women and ... undertake: to embody the principle of the equality of men and women in their ... constitutions ... and to ensure ... the practical realization of this principle; To adopt ... legislative and other measures ... prohibiting all discrimination against women; To establish legal protection of the rights of women on an equal basis with men and to ensure ... the effective protection of women against any act of discrimination; To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities ... shall act in conformity with this obligation; To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; To take all appropriate measures ... to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women.... States Parties shall ... take all appropriate measures to ... ensure to women, on equal terms with men, the right: To vote ...; To participate in the formulation of government policy...; States Parties shall ... ensure to [women] equal rights with men in the field of education ... the same conditions for career and vocational guidance, for access to studies...; access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality; the elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education...; the same opportunities for access to programs of continuing education.... States Parties shall ... ensure, on a basis of equality of men and women, the same rights, in particular ... the right to work ...; the right to the same employment opportunities...; the right to promotion, job security and ... the right to ... vocational training...; the right to equal remuneration ..., equal treatment in ... work of equal value.... In order to prevent discrimination against women on the grounds of ... maternity..., States Parties shall ... prohibit ... dismissal on the grounds of pregnancy or of maternity leave ...; States Parties shall ... ensure, on a basis of equality of men and women, access to health care services.... States Parties shall ... ensure ... the same rights ... to bank loans, mortgages and other forms of financial credit.... States Parties shall ... eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, ... the right: ... to have access to adequate health care facilities...; to obtain all types of training and education;... to have access to agricultural credit and loans,... appropriate technology and equal treatment in land and agrarian reform.... States Parties shall accord to women equality with men before the law.... States Parties shall ... eliminate discrimination against women in all matters relating to marriage and family relations...." --Convention on the Elimination of All Forms of Discrimination Against Women, Articles 2, 7, 10, 11, 12, 13, 14, 15, and 16

 

"States Parties condemn racial discrimination and undertake to pursue ... a policy of eliminating racial discrimination in all its forms.... Each State Party undertakes to engage in no act ... of racial discrimination....; Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination...; Each State Party shall prohibit and bring to an end ... racial discrimination by any persons, group or organization.... States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, national or ethnic origin, to equality before the law, notably in the enjoyment of ... political rights ... civil rights ... economic, social and cultural rights.... States Parties shall assure ... effective protection and remedies ... against any acts of racial discrimination.... " --Convention on the Elimination of All Forms of Racial Discrimination, Articles 2, 5, and 6

 

"States Parties shall respect and ensure ... rights ... without discrimination of any kind irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.... States Parties recognize the right of the child to education, and ... they shall ... make primary education compulsory and available free to all; ... make [secondary education] available and accessible to every child...; make higher education accessible to all.... In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority ... shall not be denied the right ... to enjoy his or her own culture, to ... practise his or her own religion, or to use his or her own language." --Convention on the Rights of the Child, Articles 2, 28, and 30

 

"... States Parties ... undertake: To ... discontinue any ... practices which involve discrimination in education....; to formulate, develop and apply a national policy which ... will ... promote equality of opportunity and of treatment in the matter of education and in particular: To make primary education free and compulsory; make secondary education in its different forms generally available and accessible to all; make higher education equally accessible to all on the basis of individual capacity.... It is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and ... the use or the teaching of their own language...." --Convention against Discrimination in Education, Articles 3, 4, and 5