82
legal doctrine and case law. At the current stage of the evolution of international law,
the fundamental principle of equality and non-discrimination has entered the realm of
jus cogens. The juridical framework of national and international public order rests on
it and it permeates the whole juridical system.155
185. This principle is fundamental for the safeguard of human rights in both
international and national law; it is a principle of peremptory law. Consequently, States
are obliged not to introduce discriminatory regulations into their laws, to eliminate
regulations of a discriminatory nature, to combat practices of this nature, and to
establish norms and other measures that recognize and ensure the effective equality
before the law of each individual.156 A distinction that lacks objective and reasonable
justification is discriminatory.157
186. Article 24 of the American Convention prohibits any type of discrimination, not
only with regard to the rights embodied therein, but also with regard to all the laws
that the State adopts and to their application. In other words, this Article does not
merely reiterate the provisions of Article 1(1) of the Convention concerning the
obligation of States to respect and ensure, without discrimination, the rights
recognized therein, but, in addition, establishes a right that also entails obligations for
the State to respect and ensure the principle of equality and non-discrimination in the
safeguard of other rights and in all domestic laws that it adopts.
187. With regard to the obligation to respect rights, Article 1(1) of the Convention
stipulates that:
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of
those rights and freedoms, without any discrimination for reasons of race, color, sex,
language, religion, political or other opinion, national or social origin, economic status, birth, or
any other social condition.
188.
that:
Concerning the domestic legal effects, Article 2 of the Convention establishes
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention, such
legislative or other measures as may be necessary to give effect to those rights or freedoms.
189. The Court has established that the general obligation in Article 2 of the
Convention entails the suppression of norms and practices of any type that entail the
155
Cf. Juridical Condition and Rights of the Undocumented Migrants, supra note 150, para. 101.
156
Cf. Juridical Condition and Rights of the Undocumented Migrants, supra note 150, para. 88; Juridical
Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17,
para. 44; and Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica.
Advisory Opinion OC-4/84 of January 19, 1984. Series A No. 4, para. 54.
157
Cf. Juridical Condition and Rights of the Undocumented Migrants, supra note 150, para. 89; Juridical
Condition and Human Rights of the Child, supra note 156, para. 46; and Proposed Amendments of the
Naturalization Provisions of the Constitution of Costa Rica, supra note 156, para. 56. Cf. also Eur. Court H.R.,
Case of Willis v. The United Kingdom, Judgment of 11 June 2002, para. 39; Eur. Court H.R., Case of
Wessels-Bergervoet v. The Netherlands, Judgment of 4th June 2002, para. 46; Eur. Court H.R., Case of
Petrovic v. Austria, Judgment of 27th March 1998, Reports 1998-II, para. 30; and U.N., Human Rights
Committee, Joseph Frank Adam v. Czech Republic (586/1994), opinion of July 25, 1996, para. 12.4.
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