The legal basis of the 27 Principles is found (i) in the Charter of the United Nations which recognises the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world; (ii) Article 1 of the Universal Declaration of Human Rights proclaiming that all human beings are born free and equal in dignity and rights; and common Article 2 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; (iii) the recognition, in Article 26 of the International Covenant on Civil and Political Rights, of the right to non-discrimination as an autonomous human right and the correlative obligation of States to realise this right; (iv) a number of provisions in international and regional treaties; (v) non-binding opinions, recommendations, and interpretations by organs of international and regional organisation including the Council of Europe; (vi) jurisprudence of international, regional and national courts related to equality. Marking a transition from identity politics to a unitary human rights framework on equality,  the Declaration provides guidance on some of the most complex and controversial issues that arise in any attempt to develop comprehensive equality legislation at the national level. For example, it defines the right to equality, equal treatment, and the right to non-discrimination, and gives a legal definition of discrimination, as well as of the most important types of discrimination (direct, indirect, harassment, discrimination by association and by perception); through these, it provides guidance on the question of how the right to non-discrimination relates to the right to equality. The Declaration also provides general principles on how to approach the question of the grounds on which discrimination must be prohibited: should the right to non-discrimination apply only to a closed list of grounds? Are new grounds emerging that should require equal pro-tection? Is there a hierarchy of the ground of discrimination, and what should be the approach to defining exceptions? Having taken account of the existing notions of affirmative action, positive action, special measures and positive measures in various legal frameworks, the Declaration further formulates principles on which to base the law on positive action and positive duties. Positive action does not constitute discrimination as long as the difference in treatment is aimed at achieving full and effective equality and the means adopted are proportionate to that aim. Positive ac¬tion measures are not defined as an exception to the principle of equal treatment but as part of its implementation. States have a positive duty to promote equality. The definition of the right to non-discrimination in Principle 4 as a free-standing right is meant in two senses: (i) in the sense that it is a separate right, which can be violated even if a related right is not: for example, a person’s right to non-discrimination in the enjoyment of the right to education may be violated, while no breach of her right to education has been found; this understanding is well established in the jurisprudence of the European Court of Human rights; (ii) in the sense of an autonomous right, not related to any other right set forth by law.