Vertaling van "purpose or effect of nullifying" in Chinees
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目的或效果为取消
目的或效果为否认
Discrimination should not only be understood to imply exclusions and restrictions but also preferences based on any such grounds if they have the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of rights and freedoms.
"Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life."
4.6 The State party further submits that the complaint is inadmissible on the basis of lack of substantiation, arguing that the author did not provide any evidence that his treatment amounted to a "distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin which the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of human rights".
Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination of 1966 defines "racial discrimination" as meaning "any distinction, exclusion, restriction preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life".
By way of example, while the Genocide Convention defines as international crimes a number of acts committed with the intention to destroy a national, ethnic, racial or religious group, the International Convention on the Elimination of All Forms of Racial Discrimination defines as racial discrimination distinctions and exclusions on the grounds of race, colour, descent or national or ethnic origin that have the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise of human rights and fundamental freedoms.
The principle of non-discrimination prohibits any distinction, exclusion, restriction or preference or other differential treatment that is directly or indirectly based on specified grounds and that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights.
Like other forms of discrimination, therefore, any distinction, exclusion, restriction or preference based on work and descent which has the purpose or effect of nullifying or impeding the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms contravenes the spirit and letter of international human rights law.
"In this Act, the term 'discrimination' shall mean any distinction, exclusion, restriction or preference against foreigners based on race, colour, descent, national or ethnic origin, beliefs or religious practices which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social and cultural fields"
Thus, the Court concluded, in finding that there was no racial discrimination, that: "[I]t cannot be said that the act, even if based on race, involved any distinction etc. having either the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of any human right or fundamental freedom of the kind referred to in section".
"The State shall prohibit and punish all forms of discrimination, which is defined as any distinction, exclusion, denigration, denial and/or restriction which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise of the political rights of women in the political and public life of the country."
Therefore, any measure with the purpose or effect of nullifying or impairing the equal enjoyment of human rights constitutes a violation of States' human rights obligations.
因此,任何具有剥夺或影响平等享有人权的目的或效果的措施,都违法国家的人权义务。
The CCPR Committee held that the term"... should be understood to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, ..., and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms" (see also general comment No. 18).
While age is not mentioned as a specific ground for discrimination in the international bill of human rights, the Human Rights Committee, in its general comment No. 18 (1989) on non-discrimination, specified that discrimination "should be understood to imply any distinction, exclusion, restriction or preference... which has the purpose or effect of nullifying or impairing the recognition, exercise or enjoyment by all persons, on an equal footing, of all rights and freedoms" (para. 7).
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