A/HRC/10/8 page 13 A. Legal framework at the international level 30. The principle of non-discrimination is generally perceived as one of the most important in the field of human rights; it is overarching and therefore applies to all human rights, including the right to freedom of religion or belief. It is crucial to prevent discrimination with regard to the enjoyment of economic, social and cultural rights, since minorities and vulnerable groups are particularly affected when States do not abide by their obligations to respect, protect and fulfil these rights. 31. The enjoyment of rights and freedoms on an equal footing, however, does not mean identical treatment in every instance.6 Indeed, discrimination not only occurs when individuals or groups in the same situation are treated differently, but may also occur when individuals or groups are treated in the same way although their situation is different. The principle of non-discrimination thus prohibits both unjustified distinctions when similar situations are treated differently and unjustified comparisons when different situations are treated in the same manner. 32. The Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief extensively addresses the principle of non-discrimination in its articles 2, 3 and 4. In particular, article 2 (1) of the Declaration states that “[n]o one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief”. Furthermore, article 2 (2) provides the following definition for the purposes of the Declaration: “‘intolerance and discrimination based on religion or belief’ means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis”.7 Article 4 provides that “[a]ll States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life” and that they “shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter”. 33. The International Covenant on Economic, Social and Cultural Rights addresses the principle of non-discrimination in its article 2 (2), which includes a reference to religion, as follows: “[t]he States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. 34. In its general comment No. 22 (1993), the Human Rights Committee specifically referred to economic, social and cultural rights in relation to the prohibition of coercion. In paragraph 5, it 6 7 Human Rights Committee, general comment No. 18 (1989), para. 8. The Human Rights Committee uses a similar definition of the term “discrimination” in its general comment No. 18 (1989), para. 7.