E/C.12/GC/20
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enjoy fully their Covenant rights. Denial of access to health insurance on the basis of health
status will amount to discrimination if no reasonable or objective criteria can justify such
differentiation.
Place of residence
34. The exercise of Covenant rights should not be conditional on, or determined by, a person’s
current or former place of residence; e.g. whether an individual lives or is registered in an urban
or a rural area, in a formal or an informal settlement, is internally displaced or leads a nomadic
lifestyle. Disparities between localities and regions should be eliminated in practice by ensuring,
for example, that there is even distribution in the availability and quality of primary, secondary
and palliative health-care facilities.
Economic and social situation
35. Individuals and groups of individuals must not be arbitrarily treated on account of
belonging to a certain economic or social group or strata within society. A person’s social and
economic situation when living in poverty or being homeless may result in pervasive
discrimination, stigmatization and negative stereotyping which can lead to the refusal of, or
unequal access to, the same quality of education and health care as others, as well as the denial
of or unequal access to public places.
IV. NATIONAL IMPLEMENTATION
36. In addition to refraining from discriminatory actions, States parties should take concrete,
deliberate and targeted measures to ensure that discrimination in the exercise of Covenant rights
is eliminated. Individuals and groups of individuals, who may be distinguished by one or more of
the prohibited grounds, should be ensured the right to participate in decision-making processes
over the selection of such measures. States parties should regularly assess whether the measures
chosen are effective in practice.
Legislation
37. Adoption of legislation to address discrimination is indispensable in complying with
article 2, paragraph 2. States parties are therefore encouraged to adopt specific legislation that
prohibits discrimination in the field of economic, social and cultural rights. Such laws should
aim at eliminating formal and substantive discrimination, attribute obligations to public and
private actors and cover the prohibited grounds discussed above. Other laws should be regularly
reviewed and, where necessary, amended in order to ensure that they do not discriminate or lead
to discrimination, whether formally or substantively, in relation to the exercise and enjoyment of
Covenant rights.
Policies, plans and strategies
38. States parties should ensure that strategies, policies, and plans of action are in place and
implemented in order to address both formal and substantive discrimination by public and