Difference between revisions of "Core Value 4: Embraces concepts of equality"

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Embraces Concepts of EqualityPrint this page

  • 1. Equal protection is guaranteed and discrimination is prohibited:

Every person is equal before the law and is entitled, without any discrimination, [i] whether de facto or de jure, to equal protection of the law. Every person is entitled to equal protection against any discrimination in violation of the rights set forth herein and against any incitement to such discrimination. [ii] Every person is entitled to all the rights and freedoms set forth herein, without distinction of any kind, such as race, colour, sex, sexual orientation, [iii] gender identity, [iv] language, religion, political or other opinion, nationality, economic position, ethnic, indigenous or social origin, property, disability, birth, or other status. Furthermore, no distinction is made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. [v]

  • 2. No person is punished for an offence that he or she has not personally committed. Collective penalties and likewise all measures of intimidation or terrorism are prohibited. [vi]


Footnotes:

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[ii] See UDHR,Art. 7.


[iii] Sexual orientation is not explicitly listed as prohibited grounds for discrimination under the UN human rights treaties; however, the HRC has interpreted "sex" to include sexual orientation. See Nicholas Toonen v. Australia, 488/1992, para. 8.7, 31 Mar. 1994, available at http://sim.law.uu.nl/SIM/CaseLaw/CCPRcase.nsf/3167fd85523cbf75c12567c8004d4280/db8c2d062ab50677c125664b002cc56b?OpenDocument (last visited 23 Jan. 2009).


[iv] Gender identity is not explicitly listed as prohibited grounds for discrimination under the UN human rights treaties; however, see Committee Against Torture, General Comment No. 2: Implementation of Article 2 by State Parties, para. 21, 23 Nov. 2007; see also United Nations declaration on sexual orientation and gender identity, UN General Assembly, New York, 19 Dec 2008; Yogyakarta Principles, Principal 2, March 2007.


[v] UDHR, Art. 2; ICCPR, Art. 26; International Convention on Elimination of Racial Discrimination (CERD), Art. 5; International Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), Art. 2; CRC, Art. 2; CRPD, Art. 13.


[vi] HRC General Comment No. 29, Article 4: States of Emergency, para. 11, 24 July 2001 ("State[