Module 2. Equality and Non-Discrimination The Duty to Respect, Protect, and Fulfil Obligations of Equality and Non-Discrimination |
The Duty to Respect, Protect, and Fulfil Obligations of Equality and Non-Discrimination
Taken as a whole, States’ obligations with regard to equality and non-discrimination include:
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Obligation to respect: States must refrain from engaging in any act, custom, or practice that is inconsistent with the principles of equality and nondiscrimination.
Example: The State amends its electoral code containing a voting exclusion based on intellectual disability.
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Obligation to protect: States must take all appropriate measures to eliminate discrimination and violations of equality by any non-State actors, such as persons, organizations, or private enterprises.
Example: The State takes measures to enforce a non-discrimination law against employers who discriminate against persons with disabilities in hiring and employment settings.
Example: The State fines a bank that has a practice of restricting persons who are blind from opening bank accounts.
Example: The State investigates reports of discriminatory treatment of passengers with disabilities on public transportation.
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Obligation to fulfil: States must be proactive in their adoption and implementation of measures to give effect to the principles of equality and non-discrimination.
Example: The State provides incentives for employers to hire persons with disabilities by funding building modifications.
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