Issue
Freedom from Discrimination and Electoral Dispute Resolution
Criteria
Summaries
- Discrimination must not be practiced based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation, disability, gender identity and expression, migrant, refugee, repatriate, stateless or internally displaced status, genetic trait, mental or physical health condition, including infectious contagious condition and debilitating psychological condition, or other status at any time.
- The state must perform both its "negative duty" to refrain from discrimination and its "positive duty" to prevent discrimination.
- All are equal before the law, and laws should be equally enforced.
- Redistricting should not discriminate against any citizen on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation, or gender identity, disability, or other status.
- Equality before the courts includes equality in arms and equal access to the courts.
- The guarantee to equality before the courts extends to judicial bodies entrusted with any judicial task (including customary and religious courts).
- Fees that de facto prevent access to the courts may violate the obligation of equal access to the courts.
- Procedures for the filing and adjudication of disputes must be understandable and easily accessible to all parties.