PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW
discrimination not explicitly listed above – ranging from “caste” to “HIV/AIDS status” – in their national
legal frameworks.161
Grounds of discrimination recognized under international law
PART TWO – I
The box below lists all of those grounds that have been explicitly recognized as grounds of discrimination
under international law, either through inclusion in one or more of the instruments or the interpretation
thereof by the competent treaty bodies. It includes those characteristics that are explicitly included in the text
of the non-discrimination provisions of the core international human rights treaties, as well as those named
in general comment No. 20 (2009) of the Committee on Economic, Social and Cultural Rights and general
comment No. 6 (2018) of the Committee on the Rights of Persons with Disabilities. Together, these general
comments capture many of the developments in the recognition of grounds in international law; however, they
are not fully reflective of international standards and some grounds of discrimination – such as albinism – are
omitted, despite clear recognition of their protected status.162 In this connection, it should be emphasized that
the box is not intended to provide a comprehensive picture of all grounds of discrimination recognized under
international law. The fact that a particular characteristic is not explicitly listed within the non-discrimination
provisions of a treaty should not be taken to indicate an absence of protection163 and it is important that “other
status” provisions are interpreted broadly to ensure that the right to non-discrimination is afforded to all.
GROUNDS OF DISCRIMINATION RECOGNIZED UNDER INTERNATIONAL LAW
Age Migrant status
Birth Minority status
Civil, family or carer status
National origin
Colour Nationality
Descent, including caste
Place of residence
Disability Political or other opinion
Economic status Pregnancy
Ethnicity Property
Gender expression Race
Gender identity
Refugee or asylum status
Genetic or other predisposition towards illness
Religion or belief
Health status Sex
Indigenous origin Sex characteristics
Language Sexual orientation
Marital status Social origin
Maternity or paternity status
Social situation
In addition, under international law, States must maintain an “open-ended” list of grounds, including
by prohibiting discrimination on the basis of “other status”.
161
See, for example, Constitution of India, art. 15 (1), in respect of caste-based discrimination; and Constitution of Burundi, art. 22, in respect
of HIV/AIDS status. Each of these grounds has also been recognized in international law, although they are often considered under other
headings such as “descent” or “health status”. See, for example, Committee on Economic, Social and Cultural Rights, general comment
No. 20 (2009), paras. 26 and 33.
162
However, this ground is sometimes considered under other headings such as colour or disability. See E/C.12/GIN/CO/1, para. 18;
CCPR/C/AGO/CO/2, paras. 13–14; CEDAW/C/ETH/CO/8, para. 21; CERD/C/ZMB/CO/17-19, paras. 29–30; and CRPD/C/SEN/CO/1,
paras. 7–8.
163
Indeed, as noted above, within general comment No. 20 (2009) of the Committee on Economic, Social and Cultural Rights, several
grounds recognized by other treaty bodies have been subsumed under single headings. The ground of “birth”, for instance, covers
discrimination based on descent and caste-based discrimination. Statelessness is considered a form of nationality-based discrimination.
See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), paras. 26 and 30.
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