Working Paper on Article 2(2) and Article 3 of the International Covenant on Economic, Social and Cultural Rights

Abstract

Nondiscrimination principles occupy a special place in international instruments. The phrase without distinction as to race, sex, language, or religion appears in Articles 1(3), 13(1)(b), 55(c), and 76(c) of the United Nations Charter. The International Bill of Rights instruments contain general nondiscrimination provisions including Articles 2 and 7 of the Universal Declaration of Human Rights,' Articles 2(1) and 26 of the International Covenant on Civil and Political Rights (ICCPR), and Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Regional instruments also contain general nondiscrimination provisions, such as the provisions in Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1(1) of the American Convention on Human Rights.2 All these instruments contain a wide variety of human rights. Some international legal instruments, however, deal exclusively with nondiscrimination. These may be categorized according to whether they forbid discrimination in a specific field or forbid discrimination upon specific grounds.