A/HRC/42/60/Add.1 persecution on religious grounds with respect to Buddhists.7 This case is a salutary reminder of some blatantly discriminatory policies of the last century. 3. Securing non-discrimination, however, does not necessarily ensure actual equality of enjoyment of rights. The preamble to the International Convention on the Elimination of Discrimination Against Women, for example, highlights that ‘discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries’. This emphasises the link between non-discrimination and equality. 4. Discrimination is defined as ‘any distinction, exclusion, restriction or preference based on [...] which has the purpose of effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.’. 8 A broad definition is taken to ensure all possible actions are included. 5. Essentially any pre-existing differentiation in treatment may remain if nondiscrimination laws are simply enacted and enforced. See diagram one. Should the man and woman be given the same increase in salary, there would appear to be no discrimination, everyone receives an extra 10 USD each year. However, as the diagram shows, the difference between the man and the woman’s salary remains static. This means that states may need to be proactive to remedy any differentiation in treatment, which will ensure that nondiscrimination laws secure their intended purpose of preventing discriminatory enjoyment of rights thereby promulgating equality of enjoyment of rights. In this instance, either the woman’s salary would have to be static or, as in diagram two, the man’s salary would have to increase more each year to close the gap and ensure equality. Once equality is secured, the same increase for men and woman would result in no direct discrimination and no inequality. A. Diagrams one and two 140 120 100 80 Salary Man Salary Woman 60 40 20 0 2010 7 8 4 2015 2020 2025 Case 002/2 against Nuon Chea and Khieu Samphan, Extraordinary Chambers in the Courts of Cambodia. Note that Nuon Chea died on 4 August 2019. International Convention on the Elimination of Racial Discrimination Article 1(1).