t h e p r o t e c t i o n o f h u m a n r i g h t s
287
rights protection
127
and general state practice. Discrimination on other
grounds, such as religion
128
and gender,
129
may also be contrary to custom-
ary international law. The International Covenant on Civil and Political
Rights provides in article 2(1) that all states parties undertake to respect
and ensure to all individuals within their territories and within their ju-
risdictions the rights recognised in the Covenant ‘without distinction of
any kind such as race, colour, sex, language, religion, political or other
127
See below, pp. 347 ff.
128
See e.g. the Declaration on the Elimination of All Forms of Intolerance and of Discrim-
ination Based on Religion or Belief, 1981, General Assembly resolution 36/55 and the
appointment of a Special Rapporteur to examine situations inconsistent with the Decla-
ration by the UN Commission on Human Rights, resolution 1986/20 of 10 March 1986.
See also Odio Benito,
Elimination of All Forms of Intolerance and Discrimination Based on
Religion or Belief
, New York, 1989, and Report on the Implementation of the Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion
or Belief, E/CN.4/1995/91, 1994. In 2000, the Commission on Human Rights changed
the mandate title to ‘Special Rapporteur on freedom of religion or belief ’: see ECOSOC
decision 2000/261 and General Assembly resolution 55/97. On 14 December 2007, the
Human Rights Council extended the mandate of the Special Rapporteur for a further
period of three years. The UN Human Rights Committee has produced a General Com-
ment on article 18 concerning freedom of thought, conscience and religion: see General
Comment 22, 1993, HRI/GEN/1/Rev.1, 1994, and Joseph
et al.
,
International Covenant
,
chapter 17. Note also S. Neff, ‘An Evolving International Legal Norm of Religious Free-
dom: Problems and Prospects’, 7
California Western International Law Journal
, 1975, p.
543; A. Krishnaswami,
Study of Discrimination in the Matter of Religious Rights and Prac-
tices
, New York, 1960, E/CN.4/Sub.2/200/Rev.1; N. Lerner, ‘Towards a Draft Declaration
against Religious Intolerance and Discrimination’, 11
Israel Yearbook on Human Rights
,
1981, p. 82; B. Tahzib,
Freedom of Religion or Belief: Ensuring Effective International Le-
gal Protection
, Dordrecht, 1995, and B. Dickson, ‘The United Nations and Freedom of
Religion’, 44 ICLQ, 1995, p. 327.
129
See the Convention on the Elimination of All Forms of Discrimination Against Women
1979, below, p. 322. Article 1 of the Convention provides that discrimination against
women means any distinction, exclusion or restriction made on the basis of sex 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 with men and women,
of human rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other field. See e.g. McKean,
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