A/HRC/39/CRP.2 42. Specific relevant examples of these norms are the right to life26 and the right to equality and the prohibition of discrimination. 27 The principle of non-discrimination is set out in article 55(c) of the United Nations Charter and further detailed in article 2 of the UDHR. The latter provision states that “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”. Article 7 of the UDHR further stipulates that “[a]ll are equal before the law and are entitled without any discrimination to equal protection of the law”. At its first session, the General Assembly declared that it was in the higher interests of humanity to put an immediate end to religious and racial persecution and discrimination, suggesting these were contrary to the letter and spirit of the Charter.28 Non-discrimination and equality are also fundamental, crosscutting norms in all major international and regional human rights treaties and texts. The principles of equality and non-discrimination underpin the entire human rights system. 43. Some human rights provisions have not only attained the status of customary international law but are also considered peremptory norms of international law, or jus cogens. This means that these norms are accepted and recognized by the international community of States as a whole as a norm from which no derogation or limitation is permitted.29 While there is no exhaustive list of recognised peremptory norms, it is commonly accepted that these include the prohibitions of the arbitrary deprivation of life, torture, enforced disappearance, slavery and forced labour, prolonged arbitrary detention, systematic racial discrimination and apartheid, genocide, crimes against humanity and war crimes (including hostilities directed at a civilian population). 30 (c) Other instruments 44. In addition to the human rights norms articulated in treaties, a range of other instruments assist in understanding and delineating human rights obligations of States, even if these texts are not binding as such. These include, for example, the Declaration on the Protection of Persons from Enforced Disappearances 31, the Guiding Principles on Internal Displacement32, the Standard Minimum Rules for the Treatment of Prisoners 33, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment34, 26 27 28 29 30 31 32 33 34 14 N. Rodley, “Integrity of the Person”, in International Human Rights Law (2nd ed.), D. Moeckli, S. Shah and S. Sivakumaran, eds. (Oxford, Oxford University Press, 2014), p. 185. At minimum on the grounds of race, religion and sex. See D. Moeckli, “Equality and NonDiscrimination”, International Human Rights Law (2nd ed.), D. Moeckli, S. Shah and S. Sivakumaran, eds. (Oxford, Oxford University Press, 2014), p. 160-161. The International Court of Justice has described the prohibition on racial and ethnic discrimination as an obligation erga omnes: ICJ, Barcelona Traction (Belgium v. Spain), Judgment of 5 February 1970, ICJ Reports 1970. A/RES/103(I). Vienna Convention on the Law of Treaties, art. 53. See N. Rodley, “Integrity of the Person”, in International Human Rights Law (2nd ed.), D. Moeckli, S. Shah and S. Sivakumaran, eds. (Oxford, Oxford University Press, 2014), p. 185; ICJ, Questions Relating to the Obligation to Prosecute or Extradite (Belgium v Senegal), Judgment of 20 July 2012, ICJ Reports 2012, para. 99; J. Sarkin, “Why the Prohibition of Enforced Disappearance Has Attained Jus Cogens Status in International Law”, Nordic Journal of International Law, Vol. 81(4), 2012, pp. 537-584; International Law Commission, “Report of the Study Group on Fragmentation of International Law: Difficulties arising from the Diversification and Expansion of International Law” A/CN.4/L.682 (13 April 2006), para. 374; E. De Wet, “Jus Cogens and Obligations Erga Omnes”, in The Oxford Handbook on International Human Rights Law, Dinah Shelton ed. (Oxford, Oxford University Press, 2013), pp. 543-547; M.C. Bassiouni, “International Crimes: Jus cogens and obligatio erga omnes”, Law and Contemporary Problems, vol. 59(4), 1996, p. 68. Declaration on the Protection of Persons from Enforced Disappearances, adopted by General Assembly resolution 47/133, 18 December 1992. Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2). The United Nations Standard Minimum Rules for the Treatment of Prisoners were initially adopted by the United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1955, and approved by the United Nations Economic and Social Council in 1957. On 17 December 2015, a revised version was adopted unanimously by the General Assembly (A/RES/70/175). Adopted by General Assembly resolution 43/173 of 9 December 1988.

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