A/HRC/39/51
III. Inequality — scope and impact
5.
The concepts of discrimination, equality and the equitable distribution of the
benefits of development, are enshrined in the Declaration on the Right to Development: its
preamble declares “equality of opportunity for development is a prerogative both of nations
and of individuals who make up nations”; article 2 (3) reaffirms that States have the duty to
formulate appropriate national development policies to promote the well-being of the entire
population and of all individuals, and to ensure the fair distribution of the benefits resulting
therefrom; article 5 refers to a duty of States to “take resolute steps to eliminate the massive
and flagrant violations of the human rights of peoples and human beings affected by
situations such as […] racism and racial discrimination”; article 8 states that the fair
distribution of income in the context of “economic and social reforms should be carried out
with a view to eradicating all social injustices” and that States “shall ensure, inter alia,
equality of opportunity for all in their access to basic resources, education, health services,
food, housing, employment and the fair distribution of income”. The reality of today’s
world is one of growing inequalities, where the rich become richer, while the poor grow in
number and are not only deprived of a fair share of the benefits of development, but are
increasingly denied participation in decision-making at all levels.
A.
International human rights norms
6.
The right to equality and the principle of non-discrimination are recognized in all
international human rights instruments and nearly all constitutions and basic laws at
national level. It is provided for in article 2 of the Universal Declaration of Human Rights
and in United Nations human rights instruments, such as articles 2 and 26 of the
International Covenant on Civil and Political Rights, article 2 (2) of the International
Covenant on Economic, Social and Cultural Rights, article 2 of the Convention on the
Rights of the Child, article 7 of the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families and article 5 of the Convention on
the Rights of Persons with Disabilities. The Human Rights Committee has defined
“discrimination” under the International Covenant on Civil and Political Rights as “any
distinction, exclusion, restriction or preference which is based on any ground such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status, and which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and
freedoms”.1 General comment No. 20 (2009) on non-discrimination in economic, social and
cultural rights of the Committee on Economic, Social and Cultural Rights states that
discrimination undermines the fulfilment of economic, social and cultural rights (para. 1). It
further lists the prohibited grounds for discrimination (race and colour, sex, language,
religion, political or other opinion, national or social origin, property, birth, disability, age,
nationality, marital and family status, sexual orientation and gender identity, health status,
place of residence, and economic and social situation) (paras. 15-35). In addition, two of
the major United Nations human rights treaties were established explicitly to prohibit
discrimination: the International Convention on the Elimination of All Forms of Racial
Discrimination (discrimination on the ground of race, colour, descent, or national or ethnic
origin) and the Convention on the Elimination of All Forms of Discrimination against
Women (discrimination on the ground of sex).
7.
The principle of non-discrimination and equal treatment is also contained in regional
instruments, such as article 2 of the American Declaration of the Rights and Duties of Man,
article 24 of the American Convention on Human Rights and articles 2 and 3 of the African
Charter on Human and Peoples’ Rights. Despite the fact that the principle of nondiscrimination is contained in all human rights instruments, only a few instruments
expressly provide a definition of non-discrimination: article 1 (1) of the International
Convention on the Elimination of All Forms of Racial Discrimination, article 1 of the
Convention on the Elimination of All Forms of Discrimination against Women, article 2 of
1
4
General comment No. 18 (1989) on non-discrimination, para. 7.
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