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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