A/HRC/15/42
B.
General comments from treaty bodies
67.
At its forty-second session, the Committee on Economic, Social and Cultural Rights
adopted general comment No. 20, in which it provided guidance on the obligation of States
parties to guarantee non-discrimination in the exercise of each of the economic, social and
cultural rights enshrined in the International Covenant on Economic, Social and Cultural
Rights. In its general comment, the Committee spells out various distinctions existing in the
manifestations of discrimination, giving examples to identify formal from substantive
discrimination, direct and indirect forms of differential treatment that can amount to
discrimination under article 2 (2) of the Covenant, as well as discrimination in the private
and public spheres.
68.
Article 2 (2) of the Covenant lists race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status as the prohibited
grounds of discrimination. In its general comment, the Committee on Economic, Social and
Cultural Rights provides that the inclusion of “other status” indicates that the list is not
exhaustive and that other grounds may be included, such as membership of a group and
multiple discrimination. According to the Committee, “other status” could include, for
example, disability, age, nationality, marital and family status, sexual orientation and
gender identity, health status, place of residence, or economic and social situation.
69.
With regard to the implementation of article 2 (2) of the Covenant, in addition to the
obligation to refrain from discriminatory actions, States parties are to take concrete,
deliberate and targeted measures to ensure that discrimination in the exercise of Covenant
rights is eliminated. States parties are encouraged to, inter alia, take temporary special
measures to accelerate the achievement of equality; conduct human rights education and
training programmes for public officials; and make such training available to judges and
candidates for judicial appointments.
70.
In its general comment No. 21, on the right of everyone to take part in cultural life
(article 15, paragraph 1 (a), of the Covenant), the Committee stated that that right entails an
obligation of States parties to recognize, respect and protect minority cultures as an
essential component of the identity of States. Consequently, minorities have the right to
manifest their cultural identity and membership (E/C.12/GC/21, para. 32).
71.
At its seventy-fifth session, the Committee on the Elimination of Racial
Discrimination adopted general recommendation No. 32 on the meaning and scope of
special measures in the International Convention on the Elimination of All Forms of Racial
Discrimination. This general recommendation is based essentially on the Committee’s
extensive practice of referring to special measures under the Convention and earlier general
recommendations, in particular general recommendation No. 8 on article 1, paragraphs 1
and 4, of the Convention, general recommendation No. 27 on discrimination against Roma,
and general recommendation No. 29 on article 1, paragraph 1, of the Convention. The
Committee declared that general recommendation No. 32 was intended to provide practical
guidance on the meaning of special measures under the Convention, to assist States parties
in fulfilling their obligations under the Convention, including reporting obligations.
72.
In general recommendation No. 32, the Committee discusses formal and de facto
discrimination, direct, indirect and multiple discrimination, and provides further guidance
on the scope of the principle of non-discrimination under article 1.1 of the Convention and,
more importantly, on the meaning to be attached to special measures. According to the
Committee, the list of human rights to which the principle applies under the Convention is
not closed, and extends to any field of human rights regulated by the public authorities in
the State party to address racial discrimination by any persons, group or organization.
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