property or birth, have the right to such measures of protection as are required by their status as
minors, on the part of their family, society and the State.
6.
The Committee notes that the Covenant neither defines the term “discrimination” nor
indicates what constitutes discrimination. However, article 1 of the International Convention on the
Elimination of All Forms of Racial Discrimination provides that the term “racial discrimination” shall
mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national
or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment
or exercise, on an equal footing, of human rights and fundamental freedoms in the political,
economic, social, cultural or any other field of public life. Similarly, article 1 of the Convention on the
Elimination of All Forms of Discrimination against Women provides that “discrimination against
women” shall mean any distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women,
irrespective of their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field.
7.
While these conventions deal only with cases of discrimination on specific grounds, the
Committee believes that the term “discrimination” as used in the Covenant should be understood to
imply any distinction, exclusion, restriction or preference which is based on any ground such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status, and which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.
8.
The enjoyment of rights and freedoms on an equal footing, however, does not mean
identical treatment in every instance. In this connection, the provisions of the Covenant are explicit.
For example, article 6, paragraph 5, prohibits the death sentence from being imposed on persons
below 18 years of age. The same paragraph prohibits that sentence from being carried out on
pregnant women. Similarly, article 10, paragraph 3, requires the segregation of juvenile offenders
from adults. Furthermore, article 25 guarantees certain political rights, differentiating on grounds of
citizenship.
9.
Reports of many States parties contain information regarding legislative as well as
administrative measures and court decisions which relate to protection against discrimination in law,
but they very often lack information which would reveal discrimination in fact. When reporting on
articles 2 (1), 3 and 26 of the Covenant, States parties usually cite provisions of their constitution or
equal opportunity laws with respect to equality of persons. While such information is of course
useful, the Committee wishes to know if there remain any problems of discrimination in fact, which
may be practised either by public authorities, by the community, or by private persons or bodies.
The Committee wishes to be informed about legal provisions and administrative measures directed
at diminishing or eliminating such discrimination.
10.
The Committee also wishes to point out that the principle of equality sometimes requires
States parties to take affirmative action in order to diminish or eliminate conditions which cause or
help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the
general conditions of a certain part of the population prevent or impair their enjoyment of human
rights, the State should take specific action to correct those conditions. Such action may involve
granting for a time to the part of the population concerned certain preferential treatment in specific
2