Home » DRAFT INTERNATIONAL CONVENTION ON HUMAN RIGHTS » SECTION 1 FUNDAMENTAL RIGHTS

(EQUALITY)

NGO Draft International Convention

EQUALITY

Article 6

Everyone is equal before the law. Men and women have equal rights and share the right to human dignity. Women enjoy an equal right to the same wage for the same work as men. Everyone is entitled to equal protection under law, and nobody shall be prejudiced or favored because of his or her birth, race, sex, sexual orientation, marital status, pregnancy, age, color, disability, wealth, language, national origin, age, religion or political opinion. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by past unfair discrimination may be taken.

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Existing Document Text on EQUALITY

Universal Declaration of Human Rights

EQUALITY

Article 1.

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 23.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

Covenant on Civil and Political Rights

EQUALITY

Article 14 General comment on its implementation

1. All persons shall be equal before the courts and tribunals.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

Covenant on Economic, Social and Cultural Rights

EQUALITY

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

European Convention on Human Rights

EQUALITY

ARTICLE 14

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

African Charter on Human Rights

EQUALITY

Article 2

Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Article 3 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law.

Article 13

2. Every citizen shall have the right of equal access to the public service of his country.

3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Article 18

3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions.

American Convention on Human Rights

EQUALITY

Article 23. Right to Participate in Government

1. Every citizen shall enjoy the following rights and opportunities:

c. to have access, under general conditions of equality, to the public service of his country.

Article 24. Right to Equal Protection

All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

add new comment
Fri, 2008-02-15 22:51
art 6 prohibits travel restrictions based on sexual orientation

Your point is well taken and art 6 prohibits travel restrictions based on sexual orientation

reply
Fri, 2008-02-15 13:46
Sexual-orientation restrictions of international travel

We want to make explicit the removal restrictions based on sexual-orientation for international travel.

reply
Fri, 2008-01-11 19:19
Equality is a right

Equality is a right regardless of cultural traditions of inequality.

Submitted by kboyd
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Mon, 2007-12-10 23:49
Persons with Mental Illness

Everyone is equal before the law. "Mentalism” like racism, sexism and other forms of prejudice render people with mental illness as second class state defining them as unable to make their own decisions, care for themselves or function independently. A psychiatric disorder should be viewed as just one aspect of a person’s life which also includes their assets, strengths, interests, aspirations and the desire and ability to continue to be in control of his or her life. "Mentalism" and stigma associated with mental illness promotes discrimination, promotes self stigma, which is the worst stigma of all.

Submitted by Jacqueline
reply
Thu, 2007-11-01 10:36
equality

The Universal Declaration provides for equality in a number of Articles, including Article 1 which provides that “all are equal before the law and are entitled without any discrimination to equal protection of the law.” Article 7 also provides that all are entitled to protection from discrimination based on violation of equal protection. Further, Article 23 of the Universal Declaration states there is a right to equal pay for equal work.

Article 26 of the Civil Covenant also provides for equality using similar language to that of the Universal Declaration. There is no derogation permitted with respect to equality protected by the Universal Declaration and Civil Covenant.

The European Convention coins equality as a “prohibition of discrimination” within Article 14 of the European Convention. The language of equality used in the International Convention is similar to that in Article 14 which prevents discrimination based upon any grounds such as sex, race, color, language, religion and others.

Article 6 of the NGO Draft International Convention begins the same as the Universal Declaration with the declaration of equality as a basis of human dignity. It also includes the provision of the Universal Declaration for equal pay for equal work. One additional provision is that Article 6 of the International Convention allows that legislative action may be taken to remedy past unfair discrimination.

Submitted by kboyd (not verified)
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