Thursday, 26 July 2012

United Nations Treaty Obligation

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 26 of the Treaty imposes a right not only to formal equality but also substantive equality.  In other words, even though, for example, the partial defence appears neutral on its face, if it operates in a discriminatory fashion against individuals on the basis of sexual orientation, this provision is also breached. 

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