Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation v political rights, such as the right to participate in elections, to take part in the Government and in the conduct of public affairs and to have equal access to public service – art. 5(c); v other civil rights, such as the right to freedom of movement and residence, the right to leave any country, including one’s own, and to return to one’s own country, the right to nationality, the right to marriage and choice of spouse, the right to own property alone as well as in association with others, the right to inherit, the right to freedom of thought, conscience and religion, the right to freedom of opinion and expression, the right to peaceful assembly and association – art. 5(d); v economic, social and cultural rights, and in particular the rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration, the right to form and join trade unions, the right to housing, the right to public health, medical care, social security and social services, the right to education and training, the right to equal participation in cultural activities – art. 5(e); and v the “right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafés, theatres and parks” – art. 5(f). As pointed out by the Committee itself in General Recommendation XX, the enumeration of political, civil, economic, social and cultural rights in article 5 is not exhaustive and the right not to be subjected to racial discrimination in the enjoyment of rights may be invoked also in the exercise of rights not expressly mentioned therein. In other words, apart from requiring a guarantee that the exercise of human rights shall be free from racial discrimination, article 5, “does not of itself create [human rights,] but assumes the existence and recognition of these rights”, such as those derived from the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on human rights. This also means that, whenever the States parties impose restrictions on the exercise of the rights enumerated in article 5, they “must ensure that neither in purpose nor effect is the restriction incompatible with article 1 of the Convention as an integral part of international human rights standards”.55 It follows, consequently, that the limitations authorized under other human rights treaties are indirectly included in article 5 of the Convention on the Elimination of All Forms of Racial Discrimination, and that, conversely, the notion of racial discrimination as defined in article 1 of this Convention is inherent in the international law of human rights as such. Although, according to article 1 of the Convention, the prohibition of racial discrimination relates to fields “of public life”, the Committee on the Elimination of Racial Discrimination has explained that “to the extent that private institutions influence the exercise of rights or the availability of opportunities, the State party must ensure that the result has neither the purpose nor the effect of creating or perpetuating racial discrimination”.56 55 United Nations Compilation of General Comments, pp. 188-189, paras. 1 and 2. 56 Ibid., p. 189, para. 5. 52 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers

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