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The Principle Of Non-Discrimination In The International Covenant On Economic, Social And Cultural Rights

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Chapter Summary

The principle of non-discrimination is the fundamental principle at the root of all human rights. Non-discrimination is usually among the first principles mentioned in the core human rights instruments and thus is considered to be a general principle common to all human rights' systems and the basis of a democratic society. The principle of non-discrimination can be interpreted in many different ways with regard to economic, social and cultural rights. The Committee has developed a considerable 'case-law' relating to non-discrimination within the framework of the existing monitoring system. De jure discrimination is discrimination which is enshrined in law. De facto discrimination is discrimination which results from the implementation of a law. State parties thus have an immediate obligation to implement this right and to apply it fully and immediately to all the rights guaranteed by the Covenant.

Keywords: cultural rights; de facto discrimination; de jure discrimination; international covenant; non-discrimination



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