English to Lithuanian Law/Patents Law (general) International Humanitarian Law, IHL, Geneva Convention

Adverse distinction (discrimination)

What in human rights law is articulated as the principle of non-discrimination is echoed in International Humanitarian Law (IHL) in the prohibition of adverse distinction. IHL prohibits unfavourable discrimination based on race, gender, nationality, religious belief, political opinion or any other similar criteria in the treatment of prisoners of war, civilians, and persons hors de combat.

The notion of “adverse” distinction implies that while unfavourable discrimination is prohibited, a distinction may be made to give priority to those in most urgent need of care. Therefore, no distinction may be made among the wounded, sick and shipwrecked, for example, on any grounds other than medical.

Each and every person affected by armed conflict is entitled to his/her fundamental rights and guarantees, without discrimination. The distinctions resulting from the different statuses IHL foresees (e.g. the difference between civilians and combatants or between civilians benefitting and not benefitting from protected person status) are not viewed as adverse distinctions.