provides that all persons are equal before the law and are entitled to equal protection of the law without
discrimination, and that the law shall guarantee to all persons equal and effective protection against
discrimination on any of the enumerated grounds. In the view of the Committee, 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.
does not merely duplicate the guarantee already provided for in article 2
× 1. 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 recognized 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. 2. Where not already provided for by existing legislative or other measures,
each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its
constitutional processes and with the provisions of the present Covenant, to adopt such laws or other
measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each
State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms
as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a
remedy shall have his right thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal system of the State, and to
develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such
remedies when granted.
but provides in itself an autonomous right. It prohibits discrimination in law or in fact in any field regulated
and protected by public authorities. 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.
is therefore concerned with the obligations imposed on States parties in regard to their legislation and the
application thereof. Thus, when legislation is adopted by a State party, it must comply with the requirement
ofarticle 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.
that its content should not be discriminatory. In other words, the application of the principle of
non-discrimination contained inarticle 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.
is not limited to those rights which are provided for in the Covenant" (the underlining is ours).
It follows, therefore, that the list of grounds of discrimination in 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.
is non-exhaustive and that section 5(2) of the State Liability Act of the Respondent is discriminatory in its
content under 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.
of the Covenant since it treats judgment creditors unequally in that a judgment creditor who obtains
judgment against the State is not given the same protection and benefit that a judgment creditor who
obtains judgment against a private litigant is accorded.
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