CONFIDENTIAL
3
3.
THE ABOVE STATES ONLY THE CONCLUSIONS.
YOU WILL
NO DOUBT WISH TO ASSESS THE REASONING (PARTICULARLY THE
REASONING RELATING TO CONCLUSION IN PARAGRAPH 2(1) ABOVE
SINCE IT IS PIVOTAL TO THE REST). THE REASONING IS AS
FOLLOWS.
4.
·
ALTHOUGH THE ICCPR CREATES NO RIGHT TO HOLD OR
INHERIT LAND (PROPERTY) OR TO BUILD HOUSES FREE OF PREMIUM
ARTICLE 26 (ARTICLE 23 BOR) RELATES TO LAWS ON ANY TOPIC.
5.
THE MEANING AND EFFECT OF ARTICLE 26 HAS BEEN
THE SUBJECT OF RECENT COMMENT BY THE UN HUMAN RIGHTS
COMMITTEE, AS FOLLOWS:
QUOTE IN THE VIEW OF THE COMMITTEE, ARTICLE 26
DOES NOT MERELY DUPLICATE THE GUARANTEE ALREADY
PROVIDED FOR IN ARTICLE 2 BUT PROVIDES IN ITSELF
AUTONOMOUS
AN
RIGHT.
IT
PROHIBITS
DISCRIMINATION IN LAW OR IN FACT IN ANY
IN ANY FIELD
REGULATED AND PROTECTED
PROTECTED BY PUBLIC AUTHORITIES.
ARTICLE 26 IS THEREFORE CONCERNED WITH THE
OBLIGATIONS IMPOSED ON STATES PARTIES IN REGARD
ΤΟ THEIR LEGISLATION AND THE APPLICATION
THEREOF. THUS, WHEN LEGISLATION IS ADOPTED BY A
STATE PARTY, IT MUST COMPLY WITH THE REQUIREMENT
OF ARTICLE 26 THAT ITS CONTENT SHOULD NOT BE
DISCRIMINATORY. IN OTHER WORDS, THE APPLICATION
OF
THE
PRINCIPLE
OF
CONFIDENTIAL
NON-DISCRIMINATION