PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW States parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (a) The right to equal treatment before the tribunals and all other organs administering justice; (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution; PART TWO – I (c) Political rights, in particular the right to participate in elections – to vote and to stand for election – on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service; (d) Other civil rights, in particular: (i) The right to freedom of movement and residence within the border of the State; (ii) The right to leave any country, including one’s own, and to return to one’s country; (iii) The right to nationality; (iv) The right to marriage and choice of spouse; (v) The right to own property alone as well as in association with others; (vi) The right to inherit; (vii) The right to freedom of thought, conscience and religion; (viii) The right to freedom of opinion and expression; (ix) The right to freedom of peaceful assembly and association; (e) Economic, social and cultural rights, in particular: (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration; (ii) The right to form and join trade unions; (iii) The right to housing; (iv) The right to public health, medical care, social security and social services; (v) The right to education and training; (vi) The right to equal participation in cultural activities; (f) The right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafés, theatres and parks. The Committee on the Elimination of Racial Discrimination has noted that: “The list of human rights to which [the principle of non-discrimination] applies under the Convention is not closed and extends to any field of human rights regulated by the public authorities in the State party.”365 In practice, as noted elsewhere, the list of rights to which the right to non-discrimination has been applied by the Committee is extensive.366 365 Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 9. In a similar regard, the Committee on the Elimination of Discrimination against Women has noted that the list of areas of rights covered by the relevant Convention is non-exhaustive and extends, inter alia, to any “domestic or any other field”. Further to this understanding, States parties are required to “enact legislation that prohibits discrimination in all fields of women’s lives under the Convention”. See Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), paras. 4, 7 and 31. 366 For instance, based on an assessment of practice under the International Convention on the Elimination of All Forms of Racial Discrimination, Patrick Thornbury identifies the following rights: “language rights, the right to a name and identity rights writ large; participation rights widened beyond the ‘political’ sphere; reproductive rights; the right to family life; the right to food; a battery of rights associated with refugees and asylum-seekers including non-refoulement, the right to asylum, and the right to appeal against denials of refugee status; economic, social and cultural rights including the right to an adequate standard of living, the right to water, and the right to register the births of children”. See Patrick Thornberry, The International Convention on the Elimination of All Forms of Racial Discrimination: A Commentary (Oxford, Oxford University Press, 2018), pp. 394–395. 49

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