ОДРЕДБЕ О НЕДИСКРИМИНАЦИЈИ У МЕЂУНАРОДНОМ ПАКТУ О ГРАЂАНСКИМ И ПОЛИТИЧКИМ ПРАВИМА
NON-DISCRIMINATION CLAUSES IN THE UN COVENANT ON CIVIL AND POLITICAL RIGHTS

Summary/Abstract: The principle of non-discrimination is one of the basic elements of international human rights law. There is some divergence as to the grounds on which discrimination is absolutely prohibited. The International Covenant on civil and Political Rights of 1966 prohibits discrimination in very certain terms and offers a wide list of grounds which cannot serve as a basis for discrimination in granting and securing human rights and freedoms. In the most relevant articles (2, para. 1,3, and 26) the forbidden grounds are race, colour, sex, language, religion, political and other opinion, national or social origin, property, birth or »other status’. Besides the quoted articles, CCPR refers to non - discrimination in other places. The principle of non-discrimination permeates the Covenant and has been deemed to be of paramount importance by its supervisory organ, the Human Rights Committee. This body has understood it as differentiation based on criteria that are not reasonable and objective, which has die purpose or effect or nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms. The principle applies to the enjoyment of the rights, as well as to permitted restrictions of certain rights, otherwise warranted by the same Covenant in certain circumstances and for valid reasons. In spite of strong opposition the Committee established that the rule of non-discrimination, contained in Art. 26 of CCPR, although an integral part of a treaty on civil and political rights, was of general value. It can be considered that by now the right not to be discriminated against for unjustified reasons has become in itself a civil right, irrespective of the nature of the right which happens to be denied on a discriminatory basis.

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