With respect to candidates for office, there should be no restrictions on candidates for reasons such as sexual orientation.
- Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
- The State party has sought the Committee's guidance as to whether sexual orientation may be considered an "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.
- Other status” as recognized in article 2, paragraph 2, includes sexual orientation. States parties should ensure that a person’s sexual orientation is not a barrier to realizing Covenant rights, for example, in accessing survivor’s pension rights. In addition, gender identity is recognized as among the prohibited grounds of discrimination; for example, persons who are transgender, transsexual or intersex often face serious human rights violations, such as harassment in schools or in the workplace.
- Consensus exists that certain criteria to limit who has the right to vote are unacceptable. Based on Article 2 of the Universal Declaration of Human Rights, and other international human rights instruments, the following criteria cannot be employed to restrict who in a society has the right to vote: Race, Color, Sex, Language, Religion, Political or Other Opinion, National or social origin, or Ownership of property. Similarly, there is agreement that the right to vote cannot be refused to an individual because he or she is illiterate or lacks financial resources. In addition, based on international standards and practices the right to vote should not be denied based on a person's physical disabilities or sexual orientation.