Minority rights focus in the United Nations 49 Article 25 sets forth the rights and opportunities of citizens to participate in the conduct of public affairs, to vote and be elected and to have access to public service (see general comment No. 25 (1996)). Article 26 is a general non-discrimination clause that guarantees equality before the law and equal protection for all. As the Human Rights Committee stated in its general comment No. 18 (1989), “not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the Covenant”. Thus, this provision does not preclude the State from making reasonable distinctions among categories of people, such as the need to speak the official language under certain circumstances, but it prohibits any unreasonable distinction based on a person’s status as a member of a minority group. Jurisprudence arising from the consideration of individual cases also contributes to the Committee’s understanding of the substantive rights guaranteed under the Covenant.56 International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights entered into force in 1976. While it clearly sets out these particular rights, it allows States greater flexibility in how they implement them than does the International Covenant on Civil and Political Rights described above. In other words, States enjoy a wide degree of discretion in determining how best to protect these rights, given the different circumstances in each. Consequently, some have described the International Covenant on Economic, Social and Cultural Rights as creating obligations of result rather than obligations of conduct. Article 2 of the Covenant recognizes that States have different capacities to provide services such as health care and higher education. At the same time, article 2 (1) establishes that each State party has committed itself “to take steps ... to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant, including particularly the adoption of legislative measures”. The Committee on Economic, Social and Cultural Rights has made it clear that concrete steps must be taken towards meeting the obligations of the Covenant. In particular, no State party may deliberately take retrogressive measures without providing acceptable justification for doing so. The Committee has also indicated that States are obliged, at a minimum, to ensure that essential levels of basic foodstuffs, primary health care, basic housing and at least the most basic forms of education are available, commensurate with the resources at the State’s disposal. The Covenant also includes a non-discrimination clause (art. 2 (2)) to guarantee that rights will be exercised without discrimination of any kind. The content of this provision has been elaborated by the Committee in its general comment No. 20 (2009). For instance, in respect of the private sphere, the Committee states that “discrimination is frequently encountered in families, workplaces and other sectors of society. For example, actors in the private housing sector (e.g. private landlords, credit providers and public housing providers) may directly or indirectly deny access to housing or mortgages on the basis of ethnicity, marital status, disability or sexual orientation while some families may refuse to send girl children to school. States parties must therefore adopt measures, which should include legislation, to ensure that individuals and entities in the private sphere do not discriminate on prohibited grounds”. Other articles in the International Covenant on Economic, Social and Cultural Rights are of particular relevance to minorities, including the following. The jurisprudence of the treaty bodies is available from: http://tb.ohchr.org/default.aspx (accessed 30 November 2012). (Under “Type”, select “Jurisprudence”.) 56