Equality and Non-descremination

Question 1

definition of discrimination (legal basis)

Answer 1

Article 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 provides that

Committee on Civil and Political Rights General Comment No. 18: Non-discrimination (1989), para.7:

Question 2

grounds of discrimination

Answer 2

Arts. 2(1) & 26, ICCPR, 1966).

Question 3

art 26 ICCPR, prohibition of discrimination

Question 4

definition of Equality and Non-discrimination and their operational difference

Question 5

principle of non-discrimination requiring equality in law and fact

Question 6

differences in treatment or outcome

Answer 6

(CCPR, General Comments No. 18, 1989, para.10).

(CCPR, General Comments No. 18, 1989, para.13).

Question 7

direct vs indirect discrimination

Question 8

S/L constitutional provision in sierra Leone

Answer 8

Sec. 27 (3) 1991 Constitution:
Art. 7 ICCPR 1966
Arts. 2, 3, & 26 ICESC 1966
Art. 2, 3, 18 (3)(4) & 28, ACHPR;
Arts. 1 and 24 ACHR
Art. 14 and Protocol No 12, ECHR;

Question 9

provisions in international law

Answer 9

Art. 1(3) UNC
Arts. 1, 2(1), UNDHR, 1948
Art. 7 ICCPR 1966
Arts. 2, 3, & 26 ICESC 1966
Specialized Instruments: ICERD; CEDAW; CRPD; CRC, etc.
Regional TREATIES ? –
Art. 2, 3, 18 (3)(4) & 28, ACHPR;
Arts. 1 and 24 ACHR
Art. 14 and Protocol No 12, ECHR;

Question 10

limitations to non-discrimination

Answer 10

CCPR, General Comments No. 18, 1989, para.13).

Question 11

non-discrimination vs equality

Answer 11

The Principle of Non-discrimination requires Establishment of Equality In Fact As Well As Formal Equality In Law.
equality in law precludes discrimination of any kind; whereas equality in fact may involve the necessity of different treatment in order to attain a result which establishes an equilibrium between different situations’ (See PCIJ, Minority Schools in Albania case, Advisory Opinion, 1935)