A/HRC/19/41 Detention has held that detaining someone on the basis of sexual orientation constitutes arbitrary detention in breach of article 9 of the International Covenant on Civil and Political Rights.17 4. To protect individuals from discrimination on grounds of sexual orientation and gender identity 15. The right to be free from discrimination is included in the Universal Declaration of Human Rights (art. 2) and core international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights (art. 2) and the Convention on the Rights of the Child (art. 2). Article 26 of the International Covenant on Civil and Political Rights guarantees equality before the law, requiring States to prohibit discrimination. 16. In their general comments, concluding observations and views on communications, human rights treaty bodies have confirmed that States have an obligation to protect everyone from discrimination on grounds of sexual orientation or gender identity. The fact that someone is lesbian, gay, bisexual or transgender does not limit their entitlement to enjoy the full range of human rights. 17. The Human Rights Committee has urged State parties to “guarantee equal rights to all individuals, as established in the Covenant, regardless of their sexual orientation”,18 and welcomed legislation that includes sexual orientation among prohibited grounds of discrimination.19 The Committee on Economic, Social and Cultural Rights has affirmed the principle of non-discrimination on grounds of sexual orientation in general comments on the rights to work, water, social security and the highest attainable standard of health.20 In addition, in its general comment on discrimination, the Committee included both sexual orientation and gender identity as prohibited grounds of discrimination under the Covenant.21 In their general comments and concluding observations, the Committee on the Rights of the Child, the Committee against Torture and the Committee on the Elimination of Discrimination against Women have included recommendations on countering discrimination based on sexual orientation and gender identity. 22 17 18 19 20 21 22 para.7; Committee on the Elimination of Discrimination against Women, concluding observations on Uganda (CEDAW/C/UGA/CO/7), paras. 43-44; and Kyrgyzstan (Official Records of the General Assembly, Fifty-fourth session, Supplement No. 38 (A/54/38/Rev.1)), paras. 127-128; and Committee on the Rights of the Child, concluding observations on Chile (CRC/C/CHL/CO/3), para. 29. See opinions No. 22/2006 on Cameroon (A/HRC/4/40/Add.1), and No. 42/2008 on Egypt (A/HRC/13/30/Add.1). See also A/HRC/16/47, annex, para. 8 (e). See concluding observations on Chile (CCPR/C/CHL/CO/5), para. 16. See also concluding observations on San Marino (CCPR/C/SMR/CO/2), para. 7; and Austria (CCPR/C/AUT/CO/4), para. 8. See concluding observations on El Salvador (CCPR/C/SLV/CO/6), para. 3 (c); Greece (CCPR/CO/83/GRC), para. 5; Finland (CCPR/CO/82/FIN), para. 3 (a); and Slovakia (CCPR/CO/78/SVK), para. 4. See general comments No. 18 (E/C.12/GC/18) (right to work), para. 12 (b) (i); No. 15 (E/C.12/2002/11) (right to water), para. 13; No. 19 (E/C.12/GC/19) (right to social security), para. 29; and No. 14 (E/C.12/2000/4) (right to the highest attainable standard of health), para. 18. See general comment no. 20 (E/C.12/GC/20), para. 32. See Committee on the Rights of the Child, general comment No. 4 (CRC/GC/2003/4), para.6; Committee against Torture, general comment No. 2 (CAT/C/GC/2), para. 21; and Committee on the Elimination of Discrimination against Women, general comment No. 28 (CEDAW/C/GC/28), para. 18. See also Committee on the Elimination of Discrimination against Women, concluding observations on South Africa (CEDAW/C/ZAF/CO/4), para. 40; and Costa Rica (CEDAW/C/CRI/CO/5-6), para. 41. Several mechanisms have addressed intersectionality or multiple 7