6. The Human Rights Committee’S Jurisprudence Under Article 26 Of The Iccpr: The Hidden Revolution

Abstract

While Article 2(1) of the International Covenant on Civil and Political Rights (ICCPR) provides for equality in respect of the rights set forth in the Covenant and Article 3 stipulates gender equality in respect of the enjoyment of the Covenant rights. The article 26 encompasses the right to equality in all areas of human endeavour: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. Initially, the Article was interpreted as a classic anti-discrimination provision, prohibiting discrimination based on its enumerated grounds. The Human Rights Committees jurisprudence demonstrates that all decisions lacking reasonable and objective justification, i.e. all arbitrary decisions by public authorities, may be challenged before the Committee, even, as illustrated by the cases in the chapter, decisions normally falling within the discretionary power of the government, such as commutation of sentence, early release or the granting of citizenship. Keywords: human rights committees jurisprudence; ICCPR