E/C.12/GC/20
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enjoyment of Covenant rights is often influenced by whether a person is a member of a group
characterized by the prohibited grounds of discrimination. Eliminating discrimination in practice
requires paying sufficient attention to groups of individuals which suffer historical or persistent
prejudice instead of merely comparing the formal treatment of individuals in similar
situations. States parties must therefore immediately adopt the necessary measures to prevent,
diminish and eliminate the conditions and attitudes which cause or perpetuate substantive or
de facto discrimination. For example, ensuring that all individuals have equal access to adequate
housing, water and sanitation will help to overcome discrimination against women and girl
children and persons living in informal settlements and rural areas.
9.
In order to eliminate substantive discrimination, States parties may be, and in some cases
are, under an obligation to adopt special measures to attenuate or suppress conditions that
perpetuate discrimination. Such measures are legitimate to the extent that they represent
reasonable, objective and proportional means to redress de facto discrimination and are
discontinued when substantive equality has been sustainably achieved. Such positive measures
may exceptionally, however, need to be of a permanent nature, such as interpretation services for
linguistic minorities and reasonable accommodation of persons with sensory impairments in
accessing health-care facilities.
10. Both direct and indirect forms of differential treatment can amount to discrimination under
article 2, paragraph 2, of the Covenant:
(a) Direct discrimination occurs when an individual is treated less favourably than
another person in a similar situation for a reason related to a prohibited ground; e.g. where
employment in educational or cultural institutions or membership of a trade union is based on the
political opinions of applicants or employees. Direct discrimination also includes detrimental
acts or omissions on the basis of prohibited grounds where there is no comparable similar
situation (e.g. the case of a woman who is pregnant);
(b) Indirect discrimination refers to laws, policies or practices which appear neutral at
face value, but have a disproportionate impact on the exercise of Covenant rights as
distinguished by prohibited grounds of discrimination. For instance, requiring a birth registration
certificate for school enrolment may discriminate against ethnic minorities or non-nationals who
do not possess, or have been denied, such certificates.
Private sphere
11. Discrimination is frequently encountered in families, workplaces, and other sectors of
society. For example, actors in the private housing sector (e.g. private landlords, credit providers
and public housing providers) may directly or indirectly deny access to housing or mortgages on
the basis of ethnicity, marital status, disability or sexual orientation while some families may
refuse to send girl children to school. States parties must therefore adopt measures, which should
include legislation, to ensure that individuals and entities in the private sphere do not
discriminate on prohibited grounds.