Chapter 2 | Page 65 typically invoked by states in their efforts to promote and protect economic, social and cultural rights.91 In summary, the obligation ‘to take steps’, ‘individually and through international assistance and co-operation’, ‘to the maximum available resources’, ‘to achieve the full realisation’ of the rights ‘by all appropriate means’ lies at the core of State obligations under the Covenant. The following sub-sections discuss the obligations of non-discrimination, nonretrogression and minimum core content, which guide the implementation of all substantive obligations. 2.3.1.2 Obligation of non-discrimination It is fundamental that all rights articulated in the ICESCR should be exercised without discrimination. The prohibited grounds for discrimination under the article are: race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.92 This list is not exhaustive and should be interpreted to include the widest possible meaning of the concept of prohibited grounds for discrimination.93 Article 3 further emphasises the prohibition of discrimination based on sex and, the requirement for States to undertake to ensure equality for men and women in the enjoyment of ESC rights.94 In addition to discrimination on general grounds, the Committee also emphasised the prohibition of discrimination on the basis of disability and older age. Although the Covenant does not unambiguously refer to persons with disabilities, the ESCR Committee was of the view that the equal dignity and rights of all human beings as recognised in the Universal Declaration of 91 Saul, Kinley and Mowbray, above n 7, 157. 92 ICESCR, above n 33, art 2(2). 93 The ‘other status’ in the Covenant has been held to open many additional, non-specified grounds, including disability, age, sexual orientation and gender identity, among others. 94 The rationale for the inclusion of article 3, with specific obligations of equality between men and women, according to the travaux préparatoires is to indicate the need for positive action to ensure that the ‘same rights should be expressly recognized for men and women on an equal footing’, beyond the prohibition of discrimination.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents