Introductory Note

In November 2009, the Nepalese constitutional committee charged with preparing a Concept Paper on Fundamental Rights and Directive Principles delivered its draft text to the country's Constituent Assembly.

The Committee's chapter on Fundamental Rights contains proposed rights provisions including a variety of articles that are equality/non-discrimination related or bear directly on economic, social and cultural rights (ESCRs).

In many ways, the Committee on Fundamental Rights and Directive Principles has produced a remarkable draft text in the area of ESCRs and Equality Rights. A broad range of ESCRs has been included--many have been explicitly included for the first time in South Asia--and the equality rights of many disadvantaged groups have been recognized. All in all, the draft text is an impressive foundation and demonstrates, on the part of Committee members, a considerable commitment, dedication and concern for the interests and rights of all Nepalis.

The purpose of this paper is to address the Equality and ESCR provisions contained in the Fundamental Rights Committee's draft text with a view to identifying possible shortcomings from the perspective of international human rights law. Where convenient, the paper also proposes wording which would comply with international human rights norms.

Finally, the paper takes up a list of issues which were not addressed by the Fundamental Rights Committee in its Concept Paper but which ought to be considered by the drafters of the constitution.

The paper is intended to be informal and for reference use by Constituent Assembly members, many of whom are non-lawyers. It is organized by subject area. Thus, the general equality rights guarantee as well as more specific provisions relating to women, children and Dalits are grouped together.

While readers are encouraged to review the whole paper, many will find it to be useful when consulted on specific topics.