example of those found on said list, which are considered as personal characteristics in the sense that they are innate or inherent to the person.101 88. In the context of the universal system for the protection of human rights, the Human Rights Committee and the Committee on Economic, Social, and Cultural Rights have classified sexual orientation as one of the categories of forbidden discrimination considered in Article 2.1102 of the International Covenant on Civil and Political Rights and Article 2.2103 of the International Covenant on Economic, Social, and Cultural Rights. In this regard, in the case of Toonen v. Australia the Human Rights Committee indicated that the reference to the category “gender” would include the sexual orientation of persons.104 Likewise, the United Nations Human Rights Committee has expressed its concern regarding several discriminatory situations related to people’s sexual orientation, which it has expressed repeatedly in its final observations to the reports presented by the States.105 101 Cf. ECHR, Case Clift v. United Kingdom, (No. 7205/07), Judgment of July 13, 2010. Final, November 22, 2010, para. 57 (“the Court has considered to constitute [`]other status[´] characteristics which, like some of the specific examples listed in the Article, can be said to be personal in the sense that they are innate or inherent. “However, in finding violations of Article 14 in a number of other cases, the Court has accepted that “status” existed where the distinction relied upon did not involve a characteristic which could be said to be innate or inherent, and thus “personal” in the sense discussed above”). 102 Article 2.1: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth or any other social condition. Article 2.2: 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. 103 104 United Nations, Human Rights Committee, Toonen v. Australia, Communication No. 488/1992, CCPR/C/50/D/488/1992, April 4, 1992, para. 8.7 (“The State party has sought the Committee's guidance as to whether sexual orientation may be considered as "other status" for the purposes of Article 26. The same issue could arise under Article 2, paragraph 1, of the Covenant. The Committee confines itself to noting, however, that in its view, the reference to "sex" in Articles 2, paragraph 1, and 26 is to be taken as including sexual orientation”). Cf. X V. Colombia, Communication No. 1361/2005, CCPR/C/89/D/1361/2005, May 14, 2007, para. 7.2. (“The Committee recalls its earlier jurisprudence that the prohibition against discrimination under Article 26 comprises also discrimination based on sexual orientation”). In this regard, the Human Rights Committee, in Edward Young v. Australia, Communication No. 941/2000, CCPR/C/78/D/941/2000, September 18, 2003, para. 10.4.; see also United Nations, Human Rights Committee, Final comments, Poland, CCPR/C/79/Add.110, July 25, 1999, para. 23. 105 Cf., inter alia, United Nations, Human Rights Committee, Concluding observations, Chile, CCPR/C/CHL/CO/5, April 17, 2007, para. 16 (“While it observes with satisfaction that the laws criminalizing homosexual relations between consenting adults have been repealed, the Committee remains concerned about the discrimination The State Party should guarantee equal rights to all individuals, as established in the Covenant, regardless of their sexual orientation, including equality before the law and in access to health care. It should also launch awareness-raising programs to combat social prejudice”); Concluding observations, Barbados, CCPR/C/BRB/CO/3, May 14, 2007, para. 13 (“The Committee expresses its concern over discrimination against homosexuals in the State Party and, in particular over the criminalizing of consensual sexual acts between adults of the same sex (Art. 26)”); Concluding observations, United States of America, CCPR/C/USA/CO/3/Rev.1, December 18, 2006, para. 25 (“It also notes with concern the failure to outlaw employment discrimination on the basis of sexual orientation in many states (Arts. 2 and 26). The State Party should acknowledge its legal obligation under Articles 2 and 26 to ensure to everyone the rights recognized by the Covenant, as well as equal protection before the law, without discrimination on the basis of sexual orientation.”); Concluding observations, El Salvador, CCPR/CO/78/SLV, August 22, 2003, para. 16 (“The Committee expresses concern at the incidents of people being attacked, or even killed, on account of their sexual orientation (Article 9), at the small number of investigations mounted into such illegal acts, and at the current provisions (such as local “Contravention Orders”) used to discriminate against people on account of their sexual orientation (Article 26).” 31