A/HRC/40/62 International and regional human rights framework 20. Key elements that are prerequisites for the attainment of effective access to justice for persons with albinism are safeguarded in international and regional human rights law. The Universal Declaration of Human Rights states that all persons are equal before the law and are entitled, without any discrimination, to equal protection by the law (art. 7). It further states that everyone has the right to an effective remedy by competent national tribunals for acts violating his or her fundamental rights, and is entitled to a fair and public hearing by an independent and impartial tribunal (arts. 8 and 11). These rights are also stipulated in the International Covenant on Civil and Political Rights (arts. 2 and 14). The Human Rights Committee has stressed that equal access to courts applies in both criminal and civil matters.17 21. The Committee on Economic, Social and Cultural Rights recognizes the principle of access to justice, including the notion of equality before the law without any discrimination, as a basic and cross-cutting principle relating to the protection of human rights. 18 The International Covenant on Economic, Social and Cultural Rights obliges States to respect, protect and fulfil the right to non-discrimination in the enjoyment of economic, social and cultural rights. The Committee has therefore urged States, such as the United Republic of Tanzania (E/C.12/TZA/CO/1-3), to guarantee persons with albinism access to health care, social services and education. The Committee has also emphasized the provision of appropriate mechanisms for remedying violations of human rights, noting that an effective judicial or administrative remedy is indispensable. 19 22. Persons with albinism suffer intersecting discrimination, often on the basis of disability and colour. Article 13 of the Convention on the Rights of Persons with Disabilities obliges States to ensure effective access to justice for persons with disabilities on an equal basis with others, while the International Convention on the Elimination of All Forms of Racial Discrimination recognizes that persons with albinism face a manifestation of racial discrimination (A/72/131, paras. 17–21). In this regard, the latter Convention requires States to ensure effective protection and provision of remedies, including just and adequate reparation or satisfaction for any damage suffered as a result of any unlawful racial discrimination (art. 6). 23. Women and girls with albinism in particular face multiple and intersectional discrimination. The Convention on the Elimination of All Forms of Discrimination against Women recognizes equality before the law and the courts, irrespective of gender (art. 15). Access to justice is also recognized within the context of children’s rights, 20 and this is particularly critical in the light of the attacks and violations that disproportionately impact children with albinism. The Committee on the Rights of the Child has held that States need to give particular attention to ensuring that there are effective, child-sensitive procedures available to children and their representatives in order to access independent complaints procedures, the courts and necessary legal assistance. 21 24. It is also worth mentioning that although the International Covenant on Civil and Political Rights protects the freedom of thought, conscience, religion or belief, witchcraftrelated beliefs, which are often the basis of attacks on persons with albinism, must not violate the rights of others. 22 The Independent Expert emphasizes that harmful practices can never be justified by invoking freedom of religion or belief (A/HRC/34/59). Restrictions on 17 18 19 20 21 22 6 General comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial. See General comments No. 13 (1999) on the right to education; No. 14 (2000) on the right to the highest attainable standard of health; and No. 18 (2005) on the right to work. General comment No. 9 (1998) on the domestic application of the Covenant. See also the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. Convention on the Rights of the Child (arts. 12, 37 and 40); and African Charter on the Rights and Welfare of the Child (art. 4 (2)). General comment No. 5 (2003) on general measures of implementation of the Convention, para. 24. Committee on the Rights of Persons with Disabilities, X v. United Republic of Tanzania (CRPD/C/18/D/22/2014).