A/HRC/25/27
27.
The obligations to ensure equality and non-discrimination are recognized in article 2
of the Universal Declaration of Human Rights and are encountered in many United Nations
human rights instruments, such as the International Covenant on Civil and Political Rights
(arts. 2 and 26), the International Covenant on Economic, Social and Cultural Rights (art. 2
(2)), the Convention on the Rights of the Child (art. 2), the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families (art. 7)
and the Convention on the Rights of Persons with Disabilities (art. 5). In terms of public
services, this means that States have an immediate obligation to ensure that deliberate,
targeted measures are put into place to secure substantive equality and that all individuals
have an equal opportunity to enjoy their right to access public services.
28.
States should also provide an effective remedy to individuals when their rights are
violated, and provide a fair and effective judicial or administrative mechanism for the
determination of individual rights or the violation thereof. Article 2 (3) of the International
Covenant on Civil and Political Rights refers to the right to “an effective remedy”, and
paragraph 5 of general comment No. 3 (1990) of the Committee on Economic, Social and
Cultural Rights and paragraphs 3 and 9 of its general comment No. 9 (1998) on the
domestic application of the Covenant refer to the need to provide judicial or other effective
remedies.
29.
Specific treaties also include obligations that are relevant to public service.
According to article 2 of the Convention on the Rights of Persons with Disabilities,
“‘reasonable accommodation’ means necessary and appropriate modification and
adjustments not imposing a disproportionate or undue burden, where needed in a particular
case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with
others of all human rights and fundamental freedoms”. Interpreting the Convention on the
Rights of the Child, the Committee on the Rights of the Child has addressed the issue of
governments’ capacity to coordinate policies for the benefit of the child and the issue of
decentralization of services and policymaking. It has also addressed corruption as a major
obstacle to the achievement of the objectives of the Convention.
2.
Substantive human rights standards relevant to public services
30.
Human rights standards require States to provide access to services, including
education, health, housing, food and water and sanitation. States are primarily responsible
for enforcing human rights standards, but their accountability extends to all levels of
government as well as other institutions to which States devolve authority.
31.
Article 25 (c) of the International Covenant on Civil and Political Rights provides
for the right to equal access to public service and article 25 (a) enshrines the right to take
part in the conduct of public affairs. In addition, other provisions of the Covenant, together
with the Universal Declaration of Human Rights and the Convention against Torture,
suggest that public services may be relevant in the promotion and protection of a number of
other civil and political rights, including the rights to life, liberty and security, a fair trial,
freedom of expression, freedom of thought, conscience and religion, freedom of peaceful
assembly, freedom of association, the rights to vote and to birth registration, as well as the
prohibition against torture and other forms of ill-treatment.
32.
In the context of public services, a range of economic, social and cultural rights are
clearly implicated. This includes economic rights such as freedom from forced labour, the
right to favourable working conditions as well as equal pay for work of equal value. Social
rights include the right to an adequate standard of living, the right to health, the right to
water and sanitation, the right to food, the right to housing, and the right to education.
Cultural rights include the right to take part in cultural life and to enjoy the benefits of
scientific progress and its applications.
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