Evaluate the extent to which the following basic human rights of individuals were infringed upon during the covid 19 lockdown.right to human dignity(8).right to equality free from discrimination (8)
Answers
Answer:
Explanation:
The general principle of equality and non-discrimination is a fundamental element of international human rights law.
A useful definition of non-discrimination is contained in Article 1(1) ILO 111, which provides that discrimination includes: ‘Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in the employment or occupation [?].’ Thus, the right to equal treatment requires that all persons be treated equally before the law, without discrimination. The principle of equality and non-discrimination guarantees that those in equal circumstances are dealt with equally in law and practice. However, it is important to stress that not every distinction or difference in treatment will amount to discrimination. In general international law, a violation of the principle of non-discrimination arises if: a) equal cases are treated in a different manner; b) a difference in treatment does not have an objective and reasonable justification; or c) if there is no proportionality between the aim sought and the means employed. These requirements have been expressly set out by international human rights supervisory bodies, including the European Court (see, e.g.,Marckx v. Belgium), the Inter-American Court (see, e.g,. Advisory Opinion No. 4, para. 57) and the Human Rights Committee (see, e.g., General Comment 18, para. 13 andJacobs v. Belgium).
The principle of equality can in certain circumstances require a state to take affirmative action in order to diminish or eliminate conditions that cause or help to perpetuate discrimination. The Human Rights Committee has clearly stated this obligation in General Comment 18, and the Committee on Economic, Social and Cultural Rights frequently refers to the duty to take affirmative action in its Concluding Observations. For further analysis of this principle, see I§3.B.
A. Standards
The right to equality and non-discrimination is recognised in Article 2 UDHR and is a cross-cutting issue of concern in different UN human rights instruments, such as Articles 2 and 26 ICCPR, Article 2(2) ICESCR, Article 2 CRC, Article 7 CMW and Article 5 CRPD . In addition, two of the major UN human rights treaties are established explicitly to prohibit discrimination, CERD on the ground of race and CEDAW on the ground of gender.
The principle of non-discrimination and equal treatment is also contained in regional instruments, such as Article 2 American Declaration, Article 24 ACHR and Articles 2 and 3 ACHPR. Despite the fact that the principle of non-discrimination is contained in all human rights instruments, only a few instruments expressly provide a definition of non-discrimination: Article 1(1) CERD, Article 1 CEDAW, Article 2 CRPD, Article 1(1) ILO 111 and Article 1(1) Convention against Discrimination in Education.
Human rights instruments prohibit discrimination on several grounds. Article 2 UDHR prohibits discrimination on the following 10 grounds: race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth and other status. The same prohibited grounds are included in Article 2 ICESCR and Article 2 ICCPR. It is important to note that the grounds enumerated in these provisions are merely illustrative and not exhaustive. The term ‘other status’ has an open-ended meaning; some grounds not explicitly mentioned, such as age, gender, disability, nationality and sexual orientation could also be considered prohibited grounds.