Article 4: States of Emergency 2001, para. 8

Paragraph
Paragraph text
According to article 4, paragraph 1, one of the conditions for the justifiability of any derogation from the Covenant is that the measures taken do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Even though article 26 or the other Covenant provisions related to non-discrimination (articles 2, 3, 14, paragraph 1, 23, paragraph 4, 24, paragraph 1, and 25) have not been listed among the non-derogable provisions in article 4, paragraph 2, there are elements or dimensions of the right to non-discrimination that cannot be derogated from in any circumstances. In particular, this provision of article 4, paragraph 1, must be complied with if any distinctions between persons are made when resorting to measures that derogate from the Covenant.
Legal status
Non-negotiated soft law
Body
Human Rights Committee
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
  • Humanitarian
Person(s) affected
  • All
Year
2001
Paragraph type
Other
Reference
CCPR General Comment No. 29, Article 4: States of Emergency (2001), para. 8.
Paragraph number
8