Page 148 - สิทธิมนุษยชนของบุคคลที่มีความหลากหลายทางเพศ

other opinion, national or social origin, property, birth or

other status.

This is an çopen-endedé provision. The list of prohibited

grounds of discrimination does not limit the scope of the
Article. This is clear in the wording of the section. The first

sentence is a general, unconditional prohibition of discrimination.
The second sentence applies to çdiscrimination on any groundé,
gives a list of examples and ends with the words çor other

status.é

In 1994 the Human Rights Committee, established
under the provisions of the Covenant, ruled in the case of
Toonen v Australia that the word çsexé in Article 26

included çsexual orientation.é This interpretation, while not
expected at the time, has been accepted as correct, for it is

clear that any discrimination on the basis of çsexual orientationé
involves discrimination on the basis of çsexé. Since the Toonen
decision, the Human Rights Committee › and other treaty

bodies and special procedures in the United Nations system ›
regularly question states on any discrimination on the basis of

sexual orientation.

Human Rights of Lesbians, Gays, Bisexuals, Transgender and Intersex People 151