The principle of non-discrimination is one of the most important and fundamental principles of international human rights law. Its inclusion in the Charter of the United Nations, the Universal Declaration of Human Rights and all successive major human rights instruments, including those specifically addressing different forms of discrimination, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) or the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), makes it one of the central themes of international human rights law. The principle is also at the centre of the UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities (1992), the Durban Declaration and Programme of Action (2001) as well the Outcome Document of the Durban Review Conference (2009). Under Article 2 of the Universal Declaration of Human Rights, the principle of non-discrimination is stated as follows: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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.”4 At least some aspects of the principle of non-discrimination are considered customary international law.5 This overarching principle of non-discrimination is also a foundation on which the rights of persons belonging to minorities are built under international law. In the context of the criminal justice system, the unhindered enjoyment of fundamental rights without discrimination must be guaranteed to individuals belonging to a minority group, whether they are suspected, accused or convicted of criminal offences, whether they are detained or imprisoned, or whether they are victims or witnesses of crime. Relevant rights include, inter alia, the right to a fair trial by a competent, independent and impartial court established by law and the right to legal aid, presumption of innocence, the principle of legality and non-retroactivity of more stringent criminal laws, the prohibition of torture and cruel, inhuman or degrading treatment and the right to liberty and security of person, as well as the right to participation and protection in the criminal justice processes as well as the right to protection, assistance, effective remedy and reparation for victims of crime and abuse of power. A closely related concept to the principle of non-discrimination is the general principle of equality–equality before the law, equality before the courts and the equal protection of the law. The prohibition of discrimination requires States to comply with the general principle of equality and ensure full exercise of the right to non-discrimination by all persons under their jurisdiction. These obligations are both negative and positive in nature–States must not only refrain from violating the right to non-discrimination but also, where necessary, take positive measures to protect the individuals belonging to minority groups from both State and non-State entities. In many countries, members of minority groups face discrimination in accessing justice either as victims or offenders, and/or are overrepresented in the penal system because of bias or because of social and economic disadvantage leading to increased vulnerability to come into contact with the criminal justice system. III. Multiple and Intersecting Forms of Discrimination 4 Universal Declaration of Human Rights, Article 2. See the report of the International Law Commission on its fifty-third session, Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 10 (A/56/10), p. 208. 5 Page 2 of 11