(2) Legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts. 53. Section 20 essentially, enshrines three aspects of equality: (a) non – discrimination; (b) equal protection under the law; and (c) positive measures to combat and eliminate inequality, which we proceed to analyze. Non – Discrimination 54. According to the Human Rights Committee, discrimination implies ‘any distinction, exclusion, restriction or preference’ which is based on any of the prohibited grounds and ‘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 55. After defining the concept of discrimination, the Human Rights Committee went on to observe that not every differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to achieve a purpose which is legitimate under the Covenant.2 56. From the above definition and observation, there are at least four elements of discrimination: - 1 2 CCPR General Comment No 18 ‘Non-discrimination’, Thirty-Seventh Session, 1989, para 7. CCPR General Comment No 18 ‘Non-discrimination’, Thirty-Seventh Session, 1989, para 13. Page 21 of 45