Article 1: Innate freedom and equality
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Definitions of non-discrimination
Non-discrimination is enshrined in Article 2 of the Universal Declaration of Human Rights.
The Convention on the Elimination of All Forms of Discrimination against Women and the International Convention on the Elimination of All Forms of Racial Discrimination deal with the fight against discrimination in their entirety.
The principle is enshrined in Article 2, 3, 4 and 26 of the International Covenant on Civil and Political Rights:
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure
to all individuals within its territory and subject to its jurisdiction the
rights recognized in the present Covenant, 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.
2. Where not already provided for by existing legislative or other measures,
each State Party to the present Covenant undertakes to take the necessary
steps, in accordance with its constitutional processes and with the provisions
of the present Covenant, to adopt such laws or other measures as may be
necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are
violated shall have an effective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal
system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when
granted.
Article 3
The States Parties to the present Covenant undertake to ensure the equal right
of men and women to the enjoyment of all civil and political rights set forth
in the present Covenant.
Article 4
1 . In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed, the States Parties to the present
Covenant may take measures derogating from their obligations under the present
Covenant to the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their other obligations
under international law and do not involve discrimination solely on the ground
of race, colour, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18
may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of
derogation shall immediately inform the other States Parties to the present
Covenant, through the intermediary of the Secretary-General of the United
Nations, of the provisions from which it has derogated and of the reasons by
which it was actuated. A further communication shall be made, through the same
intermediary, on the date on which it terminates such derogation.
Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law
shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.
The Human Rights Committee has published several comments on the topic of non-discrimination: in 1981 the General Comment 3, on the implementation of the Covenant at the national level; on the equality of rights between men and women, General Comments 4 (1981) and 28 (2000); on derogations in case of emergency, General Comment 5 (1981) and 29 (2001): http://www2.ohchr.org/english/bodies/hrc/comments.htm.
The Convention on the Rights of the Child contains this right in Article 2:
1. States Parties shall respect
and ensure the rights set forth in the present Convention to each child within
their jurisdiction 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.
2. 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.
It is also contained in several Articles of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (therefore not quoted here): Articles 1, 7, 13, 17, 18, 25, 27, 28, 30, 43, 4, 45, 54 and 55.
In addition to Article 5, there are several provisions in the Convention on the Rights of Persons with Disabilities containing this right:
1. States Parties recognize
that all persons are equal before and under the law and are entitled without
any discrimination to the equal protection and equal benefit of the law.
2. States Parties shall prohibit all discrimination on the basis of disability
and guarantee to persons with disabilities equal and effective legal protection
against discrimination on all grounds.
3. In order to promote equality and eliminate discrimination, States Parties
shall take all appropriate steps to ensure that reasonable accommodation is
provided.
4. Specific measures which are necessary to accelerate or achieve de facto
equality of persons with disabilities shall not be considered discrimination
under the terms of the present Convention.
The right is also contained in several Articles of the African Charter on Human and Peoples' Rights: Article 2, 3, 13, 18, 19 and 27.