7
provision that seeks, precisely, to stress the principle of equality in the specific
sphere of public service.
31.
The above should be read and interpreted in close connection with the
provisions of Article 24 of the Convention as regards equality and non-discrimination.
As the judgment states, Article 24 of the Convention prohibits discrimination de facto
and de jure with the obligation that this entails for the State to respect the said
principle of equality and non-discrimination for all the rights embodied in the
Convention and in all domestic laws that it adopts. In this regard, the provisions of
Article 23(1)(c) are designed to emphasize the significance that the Convention
accords to the principle of equality and non-discrimination in the right to take part in
the conduct of public affairs.
32.
Consequently, given the proven facts in this case in light of the reasoning
derived from the provisions of Article 23(1)(c) concerning the general conditions of
equality and of Article 24 concerning equality and non-discrimination, the State’s
obligation not to tolerate practices or norms that could have a discriminatory effect is
clear. This should not be understood as contrary to homogeneous rules and
conditions for all of society and all citizens with regard to the full exercise of political
rights.
Diego García-Sayán
Judge
Pablo Saavedra-Alessandri
Secretary
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