A/HRC/13/23 to take all appropriate measures to eliminate discrimination against women in the political and public life of the country (art. 7). 40. The right to effective participation has more recently been strengthened with regard to groups strongly at risk of marginalization. Article 41 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families protects the rights of documented and regular migrant workers and their families to participate in the public affairs of their State of origin and to be elected through elections of that State. Perhaps more importantly, article 42 requires the States of employment to facilitate the consultation or participation of migrant workers and members of their families in decisions concerning the life and administration of local communities; States of employment may, moreover, grant migrant workers the enjoyment of political rights. 41. The Convention on the Rights of Persons with Disabilities requires that States ensure that “persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected” (art. 29). 42. The right to effective participation is further upheld in provisions within existing regional human rights treaties. These include the African Charter on Human and Peoples’ Rights,9 the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa,10 the American Convention on Human Rights11 and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.12 The Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) protects the right to free elections through its Protocol No. 1 (art. 3) and the Framework Convention for the Protection of National Minorities creates an obligation for States to ensure the effective participation of persons belonging to national minorities (art. 15). Comparable provisions on the prohibition of discrimination are also contained in the regional human rights treaties.13 43. To eliminate discrimination and achieve full equality, not only in law but also effectively in practice, the Human Rights Committee has held that States parties are sometimes required to “take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant”, and that “[s]uch action may involve granting for a time to the part of the population concerned 9 10 11 12 13 GE.10-10198 Article 13 of the African Charter on Human and Peoples’ Rights safeguards the right of every citizen “to participate freely in the government of his country, either directly or through freely chosen representatives”. Article 9 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa protects the right of women to participate in the political and decision-making process. Article 23 of the American Convention on Human Rights protects the rights of citizens to take part in the conduct of public affairs, directly or through freely chosen representatives, as well as to vote and to be elected in genuine periodic elections which shall be by universal and equal suffrage and by secret ballot. Article 4 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women recognizes the right of women to have equal access to the public service of her country and to take part in the conduct of public affairs, including decision-making. They are articles 2 and 13 of the African Charter; articles 2 and 9 of the Protocol on the Rights of Women in Africa; article 1 of the American Convention; article 14 of the European Convention, as well as its Protocol No. 12. Moreover, equality before the law is guaranteed and any discrimination based on belonging to a national minority is prohibited by article 4 of the Framework Convention. 11