62.
Article 9 (1) provides everyone has the right to liberty and security of person. No
one shall be subjected to arbitrary arrest or detention. No one shall be deprived
of his liberty except on such grounds and in accordance with such procedure
as are established by law.
63.
Article 17 of ICCPR provides no one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, nor to unlawful
attacks on his honour and reputation.
64.
Article 26 of ICCPR provides all persons are equal before the law and are
entitled without any discrimination to the equal protection of the law. In this
respect, the law shall prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on any ground such as
race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
65.
The ICESCR in its Article 2(2) provides that the States Parties to the present
Covenant undertake to guarantee that the rights enunciated in the present
Covenant will be exercised without discrimination of any kind as to race,
colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.
66.
Article 3 stated that the States Parties to the present Covenant undertake to
ensure the equal right of men and women to the enjoyment of all economic,
social and cultural rights set forth in the present Covenant.
67.
In addition to that, sexual orientation and gender identity is a prohibited ground
of discrimination is particularly important and in line with a similar conclusion
by the Committee on Economic, Social and Cultural Rights in its General
Comment no. 20 on non-discrimination75.
Convention on the Elimination of Discrimination against Women (CEDAW)
68.
The provision of the CEDAW and general recommendation 2776 and 2877 of
CEDAW do also explain about non – discrimination based on the basis of sex
and gender.
75 32. “Other status” as recognized in article 2, paragraph 2, includes sexual orientation. States parties should
ensure that a person’s sexual orientation is not a barrier to realizing Covenant rights, for example, in
accessing survivor’s pension rights. In addition, gender identity is recognized as among the prohibited
grounds of discrimination; for example, persons who are transgender, transsexual or intersex often face
serious human rights violations, such as harassment in schools or in the workplace.
76 General recommendation No. 27 on older women and protection of their human rights
77 General recommendation No. 28 on the core obligations of States parties under article 2 of the
Convention on the Elimination of All Forms of Discrimination against Women.
32
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