matters as compared with the rest of the population. However, as long as such action is needed to
correct discrimination in fact, it is a case of legitimate differentiation under the Covenant.
11.
Both article 2, paragraph 1, and article 26 enumerate grounds of discrimination such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status. The Committee has observed that in a number of constitutions and laws not all the
grounds on which discrimination is prohibited, as cited in article 2, paragraph 1, are enumerated.
The Committee would therefore like to receive information from States parties as to the significance
of such omissions.
12.
While article 2 limits the scope of the rights to be protected against discrimination to those
provided for in the Covenant, article 26 does not specify such limitations. That is to say, article 26
provides that all persons are equal before the law and are entitled to equal protection of the law
without discrimination, and that the law shall guarantee to all persons equal and effective protection
against discrimination on any of the enumerated grounds. In the view of the Committee, article 26
does not merely duplicate the guarantee already provided for in article 2 but provides in itself an
autonomous right. It prohibits discrimination in law or in fact in any field regulated and protected by
public authorities. Article 26 is therefore concerned with the obligations imposed on States parties in
regard to their legislation and the application thereof. Thus, when legislation is adopted by a State
party, it must comply with the requirement of article 26 that its content should not be
discriminatory. In other words, the application of the principle of non-discrimination contained in
article 26 is not limited to those rights which are provided for in the Covenant.
13.
Finally, the Committee observes that not every differentiation of treatment will constitute
discrimination, if the criteria for such differentiation are reasonable and objective and if the aim is to
achieve a purpose which is legitimate under the Covenant.
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