The Human Rights Committee understands Article 26 to prohibit bothdiscriminatory intent and discriminatory effect. It has concluded that "theterm 'discrimination' as used in the Covenant should be understood to imply anydistinction, exclusion, restriction or preference which is based on any groundsuch as race, colour, sex, language, religion, political or other opinion,national or social origin, property, birth or other status, and which has thepurpose or effect of nullifying or impairing the recognition, enjoyment orexercise by all persons, on an equal footing, of all rights and freedoms."Ibid., para. 7 (emphasis added). Convention on the Eliminationof All Forms of Discrimination against Women (CEDAW), art. 1, ("effect orpurpose"); International Convention on the Elimination of All Forms of RacialDiscrimination, art. 1(1) ("purpose or effect").


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