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Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.
Simunek v. Czech Republic, Human Rights Comm., U.N. Doc. CCPR/C/54/D/516/1992 (1995):
In the instant cases, the [property claimants] have been affected by the exclusionary effect of the requirement in Act 87/1991 that claimants be Czech citizens and residents of the Czech Republic. The question before the Committee, therefore, is whether these preconditions to restitution or compensation are compatible with the non-discrimination requirement of article 26 of the [International] Covenant [on Civil and Political Rights]. Id. at para. 11.5.
The Human Rights Committee . . . is of the view that the denial of restitution or compensation to the [property claimants] constitutes a violation of article 26 of the International Covenant on Civil and Political Rights. Id. at para. 12.1.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether there has been a violation of the Covenant or not and that . . . the State party has undertaken to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant and to provide an effective and enforceable remedy in case a violation has been established, the Committee wishes to receive from the State party, within ninety days, information about the measures taken to given effect to the Committee's Views. Id. at para. 12.3.
Adam v. Czech Republic, Human Rights Comm., U.N. Doc. CCPR/C/57/D/586/1994 (1996).
In the instant case, the [property claimant] has been affected by the exclusionary effect of the requirement in Act 87/1991 that claimants be Czech citizens. The question before the Committee, therefore, is whether the precondition to restitution or compensation is compatible with the non-discrimination requirement of article 26 of the [International] Covenant [on Civil and Political Rights]. Id. at para. 12.4
The Human Rights Committee . . . is of the view that the denial of restitution or compensation to the [property claimant] constitutes a violation of article 26 of the International Covenant on Civil and Political Rights. Id. at para. 13.1.
Universal Declaration of Human Rights (United Nations General Assembly), Dec. 10, 1948
Art. 17: (1) Everyone has the right to own property alone as well as in association with others.
African [Banjul] Charter on Human and Peoples' Rights (Organization of African Unity), entered into force Oct. 21, 1986
Art. 14: The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.
American Convention on Human Rights (Organization of American States), entered into force July 18, 1978
Article 21: (1) Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society.
(2) No one shall be deprived of his property except upon payment of just compensation, for reasons for public utility or social interest, and in the case and according to the forms established by law.
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