the principle of affording all citizens the opportunity to access the public
service as long as they meet the prerequisites under the law.
***
102. The Court recalls that Article 13(2) of the Charter provides: “Every citizen
shall have the right of equal access to the public service of his country”.
103. The Court also recalls Article 25(c) of the ICCPR, which provides: “Every
citizen shall have the right and the opportunity, without any of the
distinctions mentioned in Article 2 and without unreasonable restrictions. (c)
To have access, on general terms of equality, to public service in his
country.”
104. Article 2(1) of the ICCPR on its part provides:
Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory and subject to its jurisdiction the
rights recognised in the present Covenant, 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.
105. The Court notes that to ensure access to the public service on general terms
of equality, the criteria and processes for appointment, promotion,
suspension, and dismissal must be objective and reasonable.
106. The Court also considers that it is important to ensure non-discrimination
against such persons in the exercise of their rights under Article 25(c) of the
ICCPR, based on one of the grounds referred to in Article 2 of the same
instrument.
107. The Court also notes, in the present case, that Article 125 of the Law of 12
July 2010 does not contain any ground of discrimination within the meaning
of Article 2 of the ICCPR.
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