Declaration of Principles on Equality Equal Rights Trust

Declaration Of Principles On Equality Equal Rights Trust-Free PDF

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part in this event Participants debated a version of the draft. that had incorporated their comments on an earlier docu. ment They subsequently contributed comments A number of. further experts participated in various stages of drafting and. deliberation, The result the Declaration of Principles on Equality reflects a. moral and professional consensus among human rights and. equality experts This publication seeks to broaden the con. sensus generate interest and debate and thus contribute to. reaffirming and developing the right to equality The princi. ples formulated and agreed by the experts are based on con. cepts and jurisprudence developed in international regional. and national legal contexts They are intended to assist efforts. of legislators the judiciary civil society organisations and any. one else involved in combating discrimination and promoting. equality They might serve as a compass to orient legislative. judicial and policy efforts towards a more progressive set of. equality norms and policies in the 21st century Ultimately it. is hoped that the formulation of universally applicable princi. ples on equality will encourage further efforts to fulfil equality. as a fundamental human right enjoyed by everyone,Bob Hepple Chair. Dimitrina Petrova Executive Director,The Equal Rights Trust. Declaration of Principles on Equality 2008 The Equal Rights Trust. declaration indd 2 10 2 2008 12 28 24 PM,We the undersigned human rights advocates. and experts in international human rights,law and equality law.
Recalling the principles proclaimed in the Charter of the Unit. ed Nations which recognise the inherent dignity and worth. and the equal and inalienable rights of all members of the hu. man family as the foundation of freedom justice and peace in. Recalling Article 1 of the Universal Declaration of Human. Rights proclaiming that all human beings are born free and. equal in dignity and rights, Recalling that the United Nations in the Universal Declaration. of Human Rights and in the International Covenants on human. rights and other universal treaties has proclaimed that every. one is entitled to all the rights and freedoms set forth therein. without distinction of any kind committing States to take all. possible measures to ensure non discrimination in the enjoy. ment of all human rights, Noting the recognition in Article 26 of the International Cov. enant on Civil and Political Rights of the right to non discrimi. nation as an autonomous human right and the correlative ob. ligation of States to realise this right, Observing that discrimination by its nature harms human ca. pabilities in unjust ways creating cycles of disadvantage and. denials of freedom which hinder human development, Recognising the importance of combating every form of dis. crimination including the need to take appropriate action to. enable people who are disadvantaged to realise their full po. tential and contribute to their full participation in economic. social political cultural and civil life, Declaration of Principles on Equality 2008 The Equal Rights Trust.
declaration indd 3 10 2 2008 12 28 24 PM, Convinced that comprehensive anti discrimination legislation. and its effective enforcement are necessary to promote equal. ity and eliminate discrimination, Concerned that the vast majority of States do not have effec. tive legal protection including comprehensive legislation to. promote equality and combat discrimination, Understanding that States may need guidance and assistance. in introducing effective legal protection including legislation. to promote equality and combat discrimination, Noting that while legal provisions relating to equality should. provide legal certainty those responsible should be willing to. improve and interpret legislation in order to reflect the chang. ing experiences of all people disadvantaged by inequality. Resolved to take further steps to promote the equality of all. persons through the effective enforcement of prohibitions of. discrimination in international human rights law as well as in. national legislation, Aiming to eliminate unjust inequalities and to promote full.
and effective equality,Having participated in a meeting held in Lon. don in the united kingdom from 2 to 5 April,2008 and or in subsequent consultations fa. cilitated by the equal rights trust hereby,adopt the following. Declaration of Principles on Equality 2008 The Equal Rights Trust. declaration indd 4 10 2 2008 12 28 24 PM,Declaration of Principles on Equality. PART I Equality,1 The Right to Equality, The right to equality is the right of all human beings to be equal.
in dignity to be treated with respect and consideration and to. participate on an equal basis with others in any area of eco. nomic social political cultural or civil life All human beings are. equal before the law and have the right to equal protection and. benefit of the law,2 Equal Treatment, Equal treatment as an aspect of equality is not equivalent to. identical treatment To realise full and effective equality it is. necessary to treat people differently according to their different. circumstances to assert their equal worth and to enhance their. capabilities to participate in society as equals,3 Positive Action. To be effective the right to equality requires positive action. Positive action which includes a range of legislative adminis. trative and policy measures to overcome past disadvantage and. to accelerate progress towards equality of particular groups is. a necessary element within the right to equality, Declaration of Principles on Equality 2008 The Equal Rights Trust. declaration indd 5 10 2 2008 12 28 24 PM,PART II Non discrimination. 4 The Right to Non discrimination, The right to non discrimination is a free standing fundamental.
right subsumed in the right to equality,5 Definition of Discrimination1. Discrimination must be prohibited where it is on grounds of. race colour ethnicity descent sex pregnancy maternity civil. family or carer status language religion or belief political or. other opinion birth national or social origin nationality eco. nomic status association with a national minority sexual orien. tation gender identity age disability health status genetic or. other predisposition toward illness or a combination of any of. these grounds or on the basis of characteristics associated with. any of these grounds, Discrimination based on any other ground must be prohibited. where such discrimination i causes or perpetuates systemic. disadvantage ii undermines human dignity or iii adversely. affects the equal enjoyment of a person s rights and freedoms. in a serious manner that is comparable to discrimination on the. prohibited grounds stated above, Discrimination must also be prohibited when it is on the ground. of the association of a person with other persons to whom a. prohibited ground applies or the perception whether accurate. Throughout this Declaration the term discrimination is used as defined in this. Principle and the term prohibited grounds refers to the grounds or combination. of grounds described in this Principle, Declaration of Principles on Equality 2008 The Equal Rights Trust. declaration indd 6 10 2 2008 12 28 24 PM, or otherwise of a person as having a characteristic associated.
with a prohibited ground,Discrimination may be direct or indirect. Direct discrimination occurs when for a reason related to one or. more prohibited grounds a person or group of persons is treated. less favourably than another person or another group of persons. is has been or would be treated in a comparable situation or. when for a reason related to one or more prohibited grounds a. person or group of persons is subjected to a detriment Direct. discrimination may be permitted only very exceptionally when. it can be justified against strictly defined criteria. Indirect discrimination occurs when a provision criterion or. practice would put persons having a status or a characteristic. associated with one or more prohibited grounds at a particular. disadvantage compared with other persons unless that provi. sion criterion or practice is objectively justified by a legitimate. aim and the means of achieving that aim are appropriate and. Harassment constitutes discrimination when unwanted conduct. related to any prohibited ground takes place with the purpose. or effect of violating the dignity of a person or of creating an. intimidating hostile degrading humiliating or offensive envi. An act of discrimination may be committed intentionally or un. intentionally, Declaration of Principles on Equality 2008 The Equal Rights Trust. declaration indd 7 10 2 2008 12 28 24 PM,6 Relationship between the Grounds of. Discrimination, Legislation must provide for equal protection from discrimina. tion regardless of the ground or combination of grounds con. 7 Discrimination and Violence, Any act of violence or incitement to violence2 that is motivated.
wholly or in part by the victim having a characteristic or status. associated with a prohibited ground constitutes a serious denial. of the right to equality Such motivation must be treated as an. aggravating factor in the commission of offences of violence and. incitement to violence and States must take all appropriate ac. tion to penalise prevent and deter such acts,PART III Scope and Right holders. 8 Scope of Application, The right to equality applies in all areas of activity regulated by. 9 Right holders, The right to equality is inherent to all human beings and may be. asserted by any person or a group of persons who have a com. mon interest in asserting this right, Certain signatories have endorsed the Principles on the basis that incitement to. violence means incitement to imminent violence, Declaration of Principles on Equality 2008 The Equal Rights Trust.
declaration indd 8 10 2 2008 12 28 24 PM, The right to equality is to be freely exercised by all persons pres. ent in or subject to the jurisdiction of a State, Legal persons must be able to assert a right to protection against. discrimination when such discrimination is has been or would. be based on their members employees or other persons associ. ated with a legal person having a status or characteristic associ. ated with a prohibited ground,PART IV Obligations,10 Duty bearers. States have a duty to respect protect promote and fulfil the. right to equality for all persons present within their territory or. subject to their jurisdiction Non state actors including transna. tional corporations and other non national legal entities should. respect the right to equality in all areas of activity regulated by. 11 Giving Effect to the Right to Equality, States must take the steps that are necessary to give full effect. to the right to equality in all activities of the State both domesti. cally and in its external or international role In particular States. a Adopt all appropriate constitutional legislative administra. tive and other measures for the implementation of the right to. Declaration of Principles on Equality 2008 The Equal Rights Trust. declaration indd 9 10 2 2008 12 28 24 PM, b Take all appropriate measures including legislation to mod.
ify or abolish existing laws regulations customs and practices. that conflict or are incompatible with the right to equality. c Promote equality in all relevant policies and programmes. d Review all proposed legislation for its compatibility with. the right to equality, e Refrain from adopting any policies or engaging in any. act or practice that is inconsistent with the right to equality. f Take all appropriate measures to ensure that all public au. thorities and institutions act in conformity with the right to. g Take all appropriate measures to eliminate all forms of dis. crimination by any person or any public or private sector or. ganisation,12 Obligations Regarding Multiple,Discrimination. Laws and policies must provide effective protection against. multiple discrimination that is discrimination on more than. one ground Particular positive action measures as defined in. Principle 3 may be required to overcome past disadvantage re. lated to the combination of two or more prohibited grounds. 13 Accommodating Difference, To achieve full and effective equality it may be necessary to. require public and private sector organisations to provide. Declaration of Principles on Equality 2008 The Equal Rights Trust. declaration indd 10 10 2 2008 12 28 24 PM, reasonable accommodation for different capabilities of. individuals related to one or more prohibited grounds. Accommodation means the necessary and appropriate modi. fications and adjustments including anticipatory measures to. facilitate the ability of every individual to participate in any area. of economic social political cultural or civil life on an equal ba. sis with others It should not be an obligation to accommodate. difference where this would impose a disproportionate or un. due burden on the provider,14 Measures against Poverty.
As poverty may be both a cause and a consequence of discrimi. nation measures to alleviate poverty should be coordinated. with measures to combat discrimination in the pursuit of full. and effective equality,15 Specificity of Equality Legislation. Declaration of Principles on Equality 2008 The Equal Rights Trust 9 The right to equality is to be freely exercised by all persons pres ent in or subject to the jurisdiction of a State Legal persons must be able to assert a right to protection against discrimination when such discrimination is has been or would be based on their members employees or other persons associ ated with a legal

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