This thematic area includes the rights of groups with special needs are grounded on the right to equality and freedom against discrimination. And the standards of equality and non-discrimination are embraced in virtually all core human rights conventions. The prevailing understanding of discrimination emanates from the Convention on the Elimination of All Forms of Racial Discrimination. It constitutes any distinction, exclusion, restriction, preference, or other differential treatment that is directly or indirectly based on the prohibited grounds of discrimination, and which has the intention or effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal basis, of human rights. As concerns prohibited grounds, the list can be found in the specific treaties dealing with the human rights at issue. However, it shall be reiterated that these lists are non-exhaustive and indicative.
Discrimination can be formal, in terms of laws or policies, or substantive, in terms of the actual enjoyment of the right. More so, discrimination can be direct, meaning explicit and the result of deliberate action, or indirect. Indirect discrimination occurs as a result of neutral laws or policies failing to recognize and accommodate special needs or circumstances of particular groups. In Tanzania, all rights are guaranteed and protected by the Constitution of the United Republic of Tanzania of 1977 under article 12.-(1) (2) which states that “All human beings are born free, and are all equal. And that every person is entitled to recognition and respect for his dignity”
Under the Same Sun