![]() The European Court addressed these two issues of applicability very early in the operation of the Convention in the case ‘Relating to Certain Aspects of the Laws on the Use of Languages in Education in Belgium ’ (see below). The main dilemmas that recur in this case-law relate to the accessory nature and the autonomous status of Article 14 ECHR. Article 14 ECHR has a narrow scope and the case-law it has generated is both complicated and inconsistent. According to the Human Rights Committee’s General Comment 18: ‘Article 26 provides that all persons are equal before the law and are entitled to equal protection of the law without discrimination, and that the law shall guarantee to all persons equal and effective protections against discrimination on any of the enumerated grounds’.Īt the European level, the jurisprudence on the right to equality and non-discrimination is rather limited as the Court has dealt with relatively few discrimination claims. As Article 26 ICCPR is of a free-standing nature, its application is not confined to the rights contained in the Covenant. Of the supervisory mechanisms examined in this book, the Human Rights Committee is the body which has dealt with the principle of equality and non-discrimination in most detail and the Committee has developed extensive case-law on Article 26. In other words, it requires that all laws are applied equally to all people under the jurisdiction of the state without discrimination. On the other hand, provisions such as Article 26 ICCPR, Article 3 ACHPR, Article 24 ACHR, and Protocol 12 to the ECHR (as of July 2004 this Protocol had not entered into force) establish a general equality requirement according to which everyone must be treated equally before the law. The equal treatment provided for in these provisions refers only to the enjoyment of the rights contained in each of the instruments. On the one hand, a prohibition of discrimination in the enjoyment of the rights set out in the respective instrument, such as Article 2 ICCPR, Article 2 ACHPR, Article 1(1)ACHR, and Article 14 ECHR. A penal code that allows rapists of women or girls under the age to consent to sexual contact to avoid prosecution by marrying their victimĬlick on the cases to the right (or, for mobile users, at the bottom of this page) to learn more about the right to equal protection under the law and violence against women.Human rights instruments generally contain two types of rights protecting equal treatment.Minimal sentencing for crimes committed in the name of so-called ‘honour’.Similarly, if a judge believes that a man is justified in killing his wife for the sake of so called ‘honour’, his decision may not be the same as it would had the murder been a random act.Įxamples of violence against women that violate this right include: If a community believes domestic violence is a matter to be resolved at home, it is likely that police officers will not address this type of violence with the same professionalism as in other cases. Sometimes this means addressing harmful gender stereotypes and practices that are accepted as normal and acceptable in day-to-day life, even though they are deeply discriminatory. If gender-based crimes are not treated with the same concern as other crimes, women cannot be secure in their right to equal protection under the law. ‘Substantively’ guaranteeing women’s rights requires police officers, court officials and all other professions related to the justice system work together to end VAW. For any law to become meaningful, there are many authorities who must ensure it is enforced and protected on the ground. ‘Equal protection under the law’ requires more than the formal recognition of men and women’s equal rights in the text of the law. Arab Charter on Human Rights (Article 11): All persons are equal before the law and have the right to enjoy its protection without discrimination.Every person is entitled without discrimination to equal protection of the law. ASEAN Human Rights Declaration: Every person has the right of recognition everywhere as a person before the law.12): Having regard to the fundamental principle according to which all persons are equal before the law and are entitled to the equal protection of the law. European Convention on Human Rights and Fundamental Freedoms (Protocol No. ![]() Consequently, they are entitled, without discrimination, to equal protection of the law. American Convention on Human Rights (Article 24): All persons are equal before the law.Every individual shall be entitled to equal protection of the law African Charter on Human and Peoples Rights (Article 3): Every individual shall be equal before the law.
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