International Instruments

UN CCPR General Comment No. 31 [80]: Nature of the General Legal Obligation Imposed on States Parties to the Covenant (adopted on 26 May, 2004)

The Comment discusses the responsibility of States Parties' to ensure protection and enforcement of rights and freedoms guaranteed by the International Covenant on Civil and Political Rights for all people in their territory, regardless of citizenship. These rights and freedoms include protection from discrimination. The obligation to respect and ensure the rights that are guaranteed by the Covenant should take effect immediately.

UN HRC General Comment No. 19: Protection of the family, the right to marriage and equality of the spouses (Art. 23)

The Comment discusses Article 23 of the International Covenant on Civil and Political Rights, under which the family, as a fundamental unit of society, must be protected by the State and by society and, moreover, shielded from the unlawful interference of the State. As the concept of the family differs among cultures (and often within States), it is up to every State Party to form laws and policies protecting the rights of the family in accordance with the cultural norms of its citizens and to describe how its society and legal system understand the concept of the family in its reports.

UN CCPR General Comment No. 04: Equality between the sexes (Art. 3)

The Comment discusses the equal enjoyment of civil and political rights by women and men as guaranteed by Article 3 of the International Covenant on Civil and Political Rights. The Covenant prohibits gender-based discrimination and requires that States Parties not only take restrictive measures to prevent such discrimination, but also take active steps to eradicate it completely. The Committee also calls upon States Parties to conduct thorough reviews of legal and administrative distinctions made between men and women and give more attention to these issues in their reports.

The Struggle Against Discrimination: A Collection of International Instruments Adopted by the United Nations System

This 1996 publication is a collection of instruments adopted by the UN system, including ILO and UNESCO towards furthering the goal of the elimination of all forms of discrimination. Race, gender and disability are the three grounds covered by the instruments documented.

UNCCPR General Comment 21: Humane treatment of persons deprived of liberty (Article 10)

Article 10 of the International Covenant on Civil and Political Rights, which guarantees humane treatment of persons deprived of liberty, applies to everyone without any distinction or discrimination based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The Comment emphasizes the "positive obligation" Article 10 places on States Parties to prevent the torture or inhuman, degrading treatment of detained persons.

UNCCPR General Comment 17: Rights of the child (Article 24)

The Comment calls attention to and clarifies the rights of children, noting that they are granted special protections that go beyond those granted to adults. Children are protected from discrimination on grounds such as race, colour, sex, language, religion, national or social origin, property or birth. Children also have a right to family and State protection. The Comment points to certain provisions of the International Covenant on Civil and Political Rights that apply greater protection to minors.

ILO Discrimination (Employment and Occupation) Convention 1958

Article 1(1) defines discrimination to include "(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; (b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers

UN Declaration on the Human Rights of Individuals who are not Nationals of the Country in which They Live

This declaration guarantees aliens living in the territory of a state several civil and political rights and the right to decent conditions at the workplace. Article 7 prohibits the individual or collective expulsion of aliens on the grounds of colour, culture, descent, national or ethnic origin, race and religion. It was adopted by General Assembly resolution 40/144 of 13 December 1985.

UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief

This declaration guarantees the right to freedom of thought, conscience and religion. The prohibition of discrimination includes not only that by the state but also by any "institution, group of persons, or person." states are bound to take measures "to prevent and eliminate discrimination [...] in all fields of civil, economic, political, social and cultural life." It was adopted by the General Assembly resolution 36/55 of 25 November 1981.

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