Definitions and Dimensions of Discrimination born free and equal in dignity and rights can fulfil that precious birthright. The principles provide for a definition of discrimination on the basis of sexual orientation and gender identity as to “include any distinction, exclusion, restriction or preference based on sexual orientation or gender identity which has the purpose or effect of nullifying or impairing equality before the law or the equal protection of the law, or the recognition enjoyment or exercise, on an equal basis, of all human rights and fundamental freedoms. Discrimination based on sexual orientation or gender identity may be, and commonly is, compounded by discrimination on other grounds including gender, race, age, religion, disability, health and economic status.”37 The Yogyakarta principles declare that all human beings are born free and equal in dignity and rights. It reiterates that all human rights are universal, interdependent, indivisible and interrelated, and provides that sexual orientation and gender identity are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse.38 The principles, in its Preamble recognizes that while many advances have been made toward ensuring that people of all sexual orientations and gender identities can live with equal dignity and respect to which all persons are entitled, nevertheless, human rights violations targeted toward persons because of their actual or perceived sexual orientation or gender identity constitute a global and entrenched pattern of serious concern.39 They include extra-judicial killings, torture and ill-treatment, sexual assault and rape, invasions of privacy, arbitrary detention, denial of employment and education opportunities, and serious discrimination in relation to the enjoyment of other human rights.40 These violations are often compounded by experiences of other forms of violence, hatred, discrimination and exclusion, such as those based on race, age, religion, disability, or economic, social or other status.41 It also recognizes that many States and societies impose gender and sexual orientation norms on individuals through custom, law and violence and seek to control how they experience personal relationships and how they identify themselves. The policing of sexuality remains a major force behind continuing gender-based violence and gender inequality. III. Discrimination under MCW: “Discrimination Against Women” refers to any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field. Under the MCW, it includes any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges. A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices. IV. Discrimination as defined by Treaty Bodies Treaty bodies through general comments and recommendations, and through their decisions provide and elaborate on what constitutes ‘discrimination’. Here are a few of the cases decided by treaty bodies which elaborate on what constitutes ‘discrimination.’ 37 The Yogyakarta Principles. , Introduction to. Accessed on 3.19.2015 http://www.yogyakartaprinciples.org/principles_en.pdf 38 Id. 39 Id. 40 Id. 17 41 Id. CHR Gender Ombud Guidelines