48
when it "has no objective and reasonable justification." (…) There may well exist certain factual
inequalities that might legitimately give rise to inequalities in legal treatment that do not violate
principles of justice. They may in fact be instrumental in achieving justice or in protecting those who
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find themselves in a weak legal position.
166.
The Court held that
(…) no discrimination exists if the difference in treatment has a legitimate purpose and if it does not
lead to situations which are contrary to justice, to reason or to the nature of things. It follows that
there would be no discrimination in differences in treatment of individuals by a state when the
classifications selected are based on substantial factual differences and there exists a reasonable
relationship of proportionality between these differences and the aims of the legal rule under
review. These aims may not be unjust or unreasonable, that is, they may not be arbitrary,
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capricious, despotic or in conflict with the essential oneness and dignity of humankind.
167. Racial discrimination is a form of discrimination that violates the inherent equality and
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dignity of every human being and has been universally condemned by the international community.
Article II of the American Declaration of the Rights and Duties of Man provides that “[a]ll persons are
equal before the law and have the rights and duties established in this Declaration, without distinction as
to race, sex, language, creed or any other factor” while Article 1(1) of the American Convention provides
that States must respect and ensure the rights and freedoms of all persons subject to their jurisdiction
“without any discrimination for reasons of race, color, (…), national or social origin (…) birth, or any other
social condition.”
168. The International Convention on the Elimination of All Forms of Racial Discrimination, to
which Chile is party, defines this particularly odious form of discrimination as “any distinction, exclusion,
restriction or preference based on race, colour, descent, or national or ethnic origin which has the
purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of
human rights and fundamental freedoms in the political, economic, social, cultural or any other field of
public life” (Article 1), and requires the States Parties, inter alia, “to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions and to en sure that all public authorities
and public institutions, national and local, shall act in conformity with this obligation” (Article 2(1)(a).
169. In the specific case of indigenous peoples, the Committee on the Elimination of Racial
Discrimination “has consistently affirmed that discrimination against indigenous peoples falls under the
scope of the Convention and that all appropriate means must be taken to combat and eliminate such
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discrimination,” and therefore called upon the States parties to “[e]nsure that members of indigenous
peoples are free and equal in dignity and rights and free from any discrimination, in particular that based
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on indigenous origin or identity.”
2.
The right to equality and the prohibition of discrimination in the context of judicial
proceedings and anti-terrorism campaigns
183
/A Court H.R., Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4, paragraph 56.
184
/A Court H.R., Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4, paragraph 57. See also: I/A Court H.R., Juridical Condition and Rights of the
Undocumented Migrants. Advisory Opinion OC-18/03 of September 17, 2003, Series A. No. 18, paragraphs 89 et seq.
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See, inter alia, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, November 20,
1963 [General Assembly resolution 1904 (XVIII)], which solemnly affirms the necessity of speedily eliminating racial discrimination
throughout the world, in all its forms and manifestations, an d of security understanding of and respect for the dignity of the human
person..
186
Committee on the Elimination of Racial Discrimination – General Recommendation No. 23, Indigenous Peoples;
August 18, 1997, paragraph 1.
187
Committee on the Elimination of Racial Discrimination – General Recommendation No. 23, Indigenous Peoples;
August 18, 1997, paragraph 2(b).