E/C.12/GC/20
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4.
The Covenant also explicitly mentions the principles of non-discrimination and equality
with respect to some individual rights. Article 3 requires States to undertake to ensure the equal
right of men and women to enjoy the Covenant rights and article 7 includes the “right to equal
remuneration for work of equal value” and “equal opportunity for everyone to be promoted” in
employment. Article 10 stipulates that, inter alia, mothers should be accorded special protection
during a reasonable period before and after childbirth and that special measures of protection and
assistance should be taken for children and young persons without discrimination. Article 13
recognizes that “primary education shall be compulsory and available free to all” and provides
that “higher education shall be made equally accessible to all”.
5.
The preamble, Articles 1, paragraph 3, and 55, of the Charter of the United Nations and
article 2, paragraph 1, of the Universal Declaration of Human Rights prohibit discrimination in
the enjoyment of economic, social and cultural rights. International treaties on racial
discrimination, discrimination against women and the rights of refugees, stateless persons,
children, migrant workers and members of their families, and persons with disabilities include
the exercise of economic, social and cultural rights,1 while other treaties require the elimination
of discrimination in specific fields, such as employment and education.2 In addition to the
common provision on equality and non-discrimination in both the Covenant and the International
Covenant on Civil and Political Rights, article 26 of the International Covenant on Civil and
Political Rights contains an independent guarantee of equal and effective protection before and
of the law.3
6.
In previous general comments, the Committee on Economic, Social and Cultural Rights
has considered the application of the principle of non-discrimination to specific Covenant rights
relating to housing, food, education, health, water, authors’ rights, work and social security.4
1
See the International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD); the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW); the Convention relating to the Status of Refugees; the Convention relating to the
Status of Stateless Persons; the Convention on the Rights of the Child; the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families; and the Convention on the Rights of Persons with Disabilities.
2
ILO Convention No. 111 concerning Discrimination in Respect of Employment and
Occupation (1958); and the UNESCO Convention against Discrimination in Education.
3
4
See general comment No. 18 (1989) of the Human Rights Committee on non-discrimination.
The Committee on Economic, Social and Cultural Rights (CESCR), general comment No. 4
(1991): The right to adequate housing; general comment No. 7 (1997): The right to adequate
housing: forced evictions (art. 11, para. 1); general comment No. 12 (1999): The right to
adequate food; general comment No. 13 (1999): The right to education (art. 13); general
comment No. 14 (2000): The right to the highest attainable standard of health (art. 12); general
comment No. 15 (2002): The right to water (arts. 11 and 12); general comment No. 17 (2005):