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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:

  1. 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.

  2. 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.

  3. 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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