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Training of law enforcement officials in the protection of human rights 1993, para. 3
- Paragraph text
- In the implementation of article 7 of the Convention, the Committee calls upon States parties to review and improve the training of law enforcement officials so that the standards of the Convention as well as the Code of Conduct for Law Enforcement Officials (1979) are fully implemented. They should also include respective information thereupon in their periodic reports.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1993
Paragraph
Training of law enforcement officials in the protection of human rights 1993, para. 2
- Paragraph text
- The fulfilment of these obligations very much depends upon national law enforcement officials who exercise police powers, especially the powers of detention or arrest, and upon whether they are properly informed about the obligations their State has entered into under the Convention. Law enforcement officials should receive intensive training to ensure that in the performance of their duties they respect as well as protect human dignity and maintain and uphold the human rights of all persons without distinction as to race, colour or national or ethnic origin.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1993
Paragraph
Training of law enforcement officials in the protection of human rights 1993, para. 1
- Paragraph text
- In accordance with article 2, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have undertaken that all public authorities and public institutions, national and local, will not engage in any practice of racial discrimination; further, States parties have undertaken to guarantee the rights listed in article 5 of the Convention to everyone without distinction as to race, colour or national or ethnic origin.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1993
Paragraph
Training of law enforcement officials in the protection of human rights
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 38
- Paragraph text
- In cases where a reservation affecting Convention provisions on special measures is maintained, States parties are invited to provide information as to why such a reservation is considered necessary, the nature and scope of the reservation, its precise effects in terms of national law and policy, and any plans to limit or withdraw the reservation within a specified time frame. In cases where States parties have adopted special measures despite the reservation, they are invited to provide information on such measures in line with the recommendations in paragraph 37 above
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The justifications for special measures, including relevant statistical and other data on the general situation of beneficiaries, a brief account of how the disparities to be remedied have arisen, and the results to be expected from the application of measures
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The range of consultations undertaken towards the adoption of the measures including consultations with intended beneficiaries and with civil society generally
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The institutions in the State responsible for implementing the measures
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] Participation by targeted groups and individuals in the implementing institutions and in monitoring and evaluation processes
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] Information on reasons why, in the light of situations that appear to justify the adoption of measures, such measures have not been taken.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] Where possible, the envisaged duration of the measures
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The available mechanisms for monitoring and evaluation of the measures
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The terminology applied to special measures as understood in the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The intended beneficiaries of the measures
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The nature of the measures and how they promote the advancement, development and protection of groups and individuals concerned
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The fields of action or sectors where special measures have been adopted
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] The results, provisional or otherwise, of the application of the measures
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 37
- Paragraph text
- [Reports of States parties should describe special measures in relation to any articles of the Convention to which the measures are related. The reports of States parties should also provide information, as appropriate, on:] Plans for the adoption of new measures and the justifications thereof
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 36
- Paragraph text
- The present guidance on the content of reports confirms and amplifies the guidance provided to States parties in the Harmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and treaty-specific documents (HRI/MC/2006/3) and the Guidelines for the CERD-specific document to be submitted by States parties under article 9, paragraph 1, of the Convention (CERD/C/2007/1).
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 35
- Paragraph text
- Provisions on the limitations of special measures in article 2, paragraph 2, are in essence the same, mutatis mutandis, as those expressed in article 1, paragraph 4. The requirement to limit the period for which the measures are taken implies the need, as in the design and initiation of the measures, for a continuing, system of monitoring their application and results using, as appropriate, quantitative and qualitative methods of appraisal. States parties should also carefully determine whether negative human rights consequences would arise for beneficiary communities consequent upon an abrupt withdrawal of special measures, especially if such have been established for a lengthy period of time.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 34
- Paragraph text
- Beneficiaries of special measures under article 2, paragraph 2, may be groups or individuals belonging to such groups. The advancement and protection of communities through special measures is a legitimate objective to be pursued in tandem with respect for the rights and interests of individuals. The identification of an individual as belonging to a group should be based on self-identification by the individual concerned, unless a justification exists to the contrary.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 33
- Paragraph text
- The reference in article 2, paragraph 2, regarding the objective of special measures to ensure "adequate development and protection" of groups and individuals may be compared with the use of the term "advancement" in article 1, paragraph 4. The terms of the Convention signify that special measures should clearly benefit groups and individuals in their enjoyment of human rights. The naming of fields of action in the paragraph - "social, economic, cultural and other fields" - does not describe a closed list. In principle, special measures can reach into all fields of human rights deprivation, including deprivation of the enjoyment of any human rights expressly or impliedly protected by article 5 of the Convention. In all cases, it is clear that the reference to limitations of "development" relates only to the situation or condition in which groups or individuals find themselves and is not a reflection on any individual or group characteristic.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 32
- Paragraph text
- Whereas article 1, paragraph 4, of the Convention uses the term "special measures", article 2, paragraph 2, refers to "special and concrete measures". The travaux préparatoires of the Convention do not highlight any distinction between the terms and the Committee has generally employed both terms as synonymous. Bearing in mind the context of article 2 as a broad statement of obligations under the Convention, the terminology employed in article 2, paragraph 2, is appropriate to its context in focusing on the obligation of States parties to adopt measures tailored to fit the situations to be remedied and capable of achieving their objectives.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 31
- Paragraph text
- The internal structure of States parties, whether unitary, federal or decentralized, does not affect their responsibility under the Convention, when resorting to special measures, to secure their application throughout the territory of the State. In federal or decentralized States, the federal authorities shall be internationally responsible for designing a framework for the consistent application of special measures in all parts of the State where such measures are necessary.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 30
- Paragraph text
- The use in the paragraph of the verb "shall" in relation to taking special measures clearly indicates the mandatory nature of the obligation to take such measures. The mandatory nature of the obligation is not weakened by the addition of the phrase "when the circumstances so warrant", a phrase that should be read as providing context for the application of the measures. The phrase has, in principle, an objective meaning in relation to the disparate enjoyment of human rights by persons and groups in the State party and the ensuing need to correct such imbalances.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 29
- Paragraph text
- Article 1, paragraph 4, of the Convention is essentially a clarification of the meaning of discrimination when applied to special measures. Article 2, paragraph 2, carries forward the special measures concept into the realm of obligations of States parties, along with the text of article 2 as a whole. Nuances of difference in the use of terms in the two paragraphs do not disturb their essential unity of concept and purpose.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 28
- Paragraph text
- Article 2, paragraph 2, of the Convention stipulates that "States parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 27
- Paragraph text
- The second limitation on special measures is that "they shall not be continued after the objectives for which they have been taken have been achieved". This limitation on the operation of special measures is essentially functional and goal-related: the measures should cease to be applied when the objectives for which they were employed - the equality goals - have been sustainably achieved. The length of time permitted for the duration of the measures will vary in the light of their objectives, the means utilized to achieve them, and the results of their application. Special measures should, therefore, be carefully tailored to meet the particular needs of the groups or individuals concerned.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 26
- Paragraph text
- Article 1, paragraph 4, provides for limitations on the employment of special measures by States parties. The first limitation is that the measures "should not lead to the maintenance of separate rights for different racial groups". This provision is narrowly drawn to refer to "racial groups" and calls to mind the practice of Apartheid referred to in article 3 of the Convention, which was imposed by the authorities of the State, and to practices of segregation referred to in that article and in the preamble to the Convention. The notion of inadmissible "separate rights" must be distinguished from rights accepted and recognized by the international community to secure the existence and identity of groups such as minorities, indigenous peoples and other categories of person whose rights are similarly accepted and recognized within the framework of universal human rights.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 25
- Paragraph text
- Article 1, paragraph 4, is expressed more broadly than article 2, paragraph 2, in that it refers to individuals "requiring … protection" without reference to ethnic group membership. The span of potential beneficiaries or addressees of special measures should however be understood in the light of the overall objective of the Convention as dedicated to the elimination of all forms of racial discrimination, with special measures as an essential tool, where appropriate, for the achievement of this objective.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 24
- Paragraph text
- Although the Convention designates "racial or ethnic groups or individuals requiring … protection" (article 1, paragraph 4), and "racial groups or individuals belonging to them" (article 2, paragraph 2), as the beneficiaries of special measures, the measures shall in principle be available to any group or person covered by article 1 of the Convention, as clearly indicated by the travaux préparatoires of the Convention, as well as by the practice of States parties and the relevant concluding observations of the Committee.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 23
- Paragraph text
- The term "protection" in the same paragraph signifies protection from violations of human rights emanating from any source, including discriminatory activities of private persons, in order to ensure the equal enjoyment of human rights and fundamental freedoms. The term "protection" also indicates that special measures may have preventive (of human rights violations) as well as corrective functions.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 22
- Paragraph text
- The notion of "adequate advancement" in article 1, paragraph 4, implies goal-directed programmes which have the objective of alleviating and remedying disparities in the enjoyment of human rights and fundamental freedoms affecting particular groups and individuals, protecting them from discrimination. Such disparities include but are not confined to persistent or structural disparities and de facto inequalities resulting from the circumstances of history that continue to deny to vulnerable groups and individuals the advantages essential for the full development of the human personality. It is not necessary to prove "historic" discrimination in order to validate a programme of special measures; the emphasis should be placed on correcting present disparities and on preventing further imbalances from arising.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 21
- Paragraph text
- In order to conform to the Convention, special measures do not amount to discrimination when taken for the "sole purpose" of ensuring equal enjoyment of human rights and fundamental freedoms. Such a motivation should be made apparent from the nature of the measures themselves, the arguments used by the authorities to justify the measures and the instruments designed to put the measures into effect. The reference to "sole purpose" limits the scope of acceptable motivations for special measures within the terms of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 20
- Paragraph text
- By employing the phrase "shall not be deemed racial discrimination", article 1, paragraph 4, of the Convention makes it clear that special measures taken by States parties under the terms of the Convention do not constitute discrimination, a clarification reinforced by the travaux préparatoires of the Convention which record the drafting change from "should not be deemed racial discrimination" to "shall not be deemed racial discrimination". Accordingly, special measures are not an exception to the principle of non-discrimination but are integral to its meaning and essential to the Convention project of eliminating racial discrimination and advancing human dignity and effective equality.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 19
- Paragraph text
- Article 1, paragraph 4, of the Convention stipulates that "special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 18
- Paragraph text
- States parties should ensure that special measures are designed and implemented on the basis of prior consultation with affected communities and the active participation of such communities.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 17
- Paragraph text
- Appraisals of the need for special measures should be carried out on the basis of accurate data, disaggregated by race, colour, descent and ethnic or national origin and incorporating a gender perspective, on the socio-economic and cultural status and conditions of the various groups in the population and their participation in the social and economic development of the country.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 16
- Paragraph text
- Special measures should be appropriate to the situation to be remedied, be legitimate, necessary in a democratic society, respect the principles of fairness and proportionality, and be temporary. The measures should be designed and implemented on the basis of need, grounded in a realistic appraisal of the current situation of the individuals and communities concerned.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 15
- Paragraph text
- Special measures should not be confused with specific rights pertaining to certain categories of person or community, such as, for example the rights of persons belonging to minorities to enjoy their own culture, profess and practise their own religion and use their own language, the rights of indigenous peoples, including rights to lands traditionally occupied by them, and rights of women to non-identical treatment with men, such as the provision of maternity leave, on account of biological differences from men. Such rights are permanent rights, recognized as such in human rights instruments, including those adopted in the context of the United Nations and its specialized agencies. States parties should carefully observe distinctions between special measures and permanent human rights in their law and practice. The distinction between special measures and permanent rights implies that those entitled to permanent rights may also enjoy the benefits of special measures.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 14
- Paragraph text
- The obligation to take special measures is distinct from the general positive obligation of States parties to the Convention to secure human rights and fundamental freedoms on a non-discriminatory basis to persons and groups subject to their jurisdiction; this is a general obligation flowing from the provisions of the Convention as a whole and integral to all parts of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 13
- Paragraph text
- Measures include the full span of legislative, executive, administrative, budgetary and regulatory instruments, at every level in the State apparatus, as well as plans, policies, programmes and preferential regimes in areas such as employment, housing, education, culture and participation in public life for disfavoured groups, devised and implemented on the basis of such instruments. States parties should include, as required in order to fulfil their obligations under the Convention, provisions on special measures in their legal systems, whether through general legislation or legislation directed to specific sectors in the light of the range of human rights referred to in article 5 of the Convention, and through plans, programmes and other policy initiatives referred to above at national, regional and local levels.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 12
- Paragraph text
- The terms "special measures" and "special and concrete measures" employed in the Convention may be regarded as functionally equivalent and have an autonomous meaning to be interpreted in the light of the Convention as a whole, which may differ from usage in particular States parties. The term "special measures" includes also measures that in some countries may be described as "affirmative measures", "affirmative action" or "positive action" in cases where they correspond to the provisions of articles 1, paragraph 4, and 2, paragraph 2, of the Convention, as explained in the following paragraphs. In line with the Convention, the present recommendation employs the terms "special measures" or "special and concrete measures" and encourages States parties to employ terminology that clearly demonstrates the relationship of their laws and practice to these concepts in the Convention. The term "positive discrimination" is, in the context of international human rights standards, a contradictio in terminis and should be avoided.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 11
- Paragraph text
- The concept of special measures is based on the principle that laws, policies and practices adopted and implemented in order to fulfil obligations under the Convention require supplementing, when circumstances warrant, by the adoption of temporary special measures designed to secure to disadvantaged groups the full and equal enjoyment of human rights and fundamental freedoms. Special measures are one component in the ensemble of provisions in the Convention dedicated to the objective of eliminating racial discrimination, the successful achievement of which will require the faithful implementation of all Convention provisions.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 10
- Paragraph text
- The concepts of equality and non-discrimination in the Convention, and the obligation on States parties to achieve the objectives of the Convention, are further elaborated and developed through the provisions in articles 1, paragraph 4, and 2, paragraph 2, regarding special measures.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 9
- Paragraph text
- The principle of non-discrimination, according to article 1, paragraph 1, of the Convention, protects the enjoyment on an equal footing of human rights and fundamental freedoms "in the political, economic, social, cultural or any other field of public life". The list of human rights to which the principle applies under the Convention is not closed and extends to any field of human rights regulated by the public authorities in the State party. The reference to public life does not limit the scope of the non-discrimination principle to acts of the public administration but should be read in the light of the provisions in the Convention mandating measures by States parties to address racial discrimination "by any persons, group or organization".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 8
- Paragraph text
- On the core notion of discrimination, in its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee observed that differential treatment will "constitute discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the Convention, are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim". As a logical corollary of this principle, in its general recommendation No. 14 (1993) on article 1, paragraph 1, of the Convention, the Committee observes that "differentiation of treatment will not constitute discrimination if the criteria for such differentiation, judged against the objectives and purposes of the Convention, are legitimate". The term "non-discrimination" does not signify the necessity of uniform treatment when there are significant differences in situation between one person or group and another, or, in other words, if there is an objective and reasonable justification for differential treatment. To treat in an equal manner persons or groups whose situations are objectively different will constitute discrimination in effect, as will the unequal treatment of persons whose situations are objectively the same. The Committee has also observed that the application of the principle of non-discrimination requires that the characteristics of groups be taken into consideration.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 7
- Paragraph text
- The principle of enjoyment of human rights on an equal footing is integral to the Convention's prohibition of discrimination on grounds of race, colour, descent, and national or ethnic origin. The "grounds" of discrimination are extended in practice by the notion of "intersectionality" whereby the Committee addresses situations of double or multiple discrimination - such as discrimination on grounds of gender or religion - when discrimination on such a ground appears to exist in combination with a ground or grounds listed in article 1 of the Convention. Discrimination under the Convention includes purposive or intentional discrimination and discrimination in effect. Discrimination is constituted not simply by an unjustifiable "distinction, exclusion or restriction" but also by an unjustifiable "preference", making it especially important that States parties distinguish "special measures" from unjustifiable preferences.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 6
- Paragraph text
- The Convention is based on the principles of the dignity and equality of all human beings. The principle of equality underpinned by the Convention combines formal equality before the law with equal protection of the law, with substantive or de facto equality in the enjoyment and exercise of human rights as the aim to be achieved by the faithful implementation of its principles.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 5
- Paragraph text
- The Convention, as the Committee has observed on many occasions, is a living instrument that must be interpreted and applied taking into account the circumstances of contemporary society. This approach makes it imperative to read its text in a context-sensitive manner. The context for the present recommendation includes, in addition to the full text of the Convention including its title, preamble and operative articles, the range of universal human rights standards on the principles of non-discrimination and special measures. Context-sensitive interpretation also includes taking into account the particular circumstances of States parties without prejudice to the universal quality of the norms of the Convention. The nature of the Convention and the broad scope of its provisions imply that, while the conscientious application of Convention principles will produce variations in outcome among States parties, such variations must be fully justifiable in the light of the principles of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 4
- Paragraph text
- The purpose of the general recommendation is to provide, in the light of the Committee's experience, practical guidance on the meaning of special measures under the Convention in order to assist States parties in the discharge of their obligations under the Convention, including reporting obligations. Such guidance may be regarded as consolidating the wealth of Committee recommendations to States parties regarding special measures.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 3
- Paragraph text
- In drafting the recommendation, the Committee has also taken account of work on special measures completed under the aegis of other United Nations human rights bodies, notably the report by the Special Rapporteur of the Sub-Commission on the Promotion and Protection of Human Rights and general recommendation No. 25 (2004) of the Committee on the Elimination of Discrimination against Women on temporary special measures.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 2
- Paragraph text
- The general recommendation is based on the Committee's extensive repertoire of practice referring to special measures under the Convention. Committee practice includes the concluding observations on the reports of States parties to the Convention, communications under article 14, and earlier general recommendations, in particular general recommendation No. 8 (1990) on article 1, paragraphs 1 and 4, of the Convention, as well as general recommendation No. 27 (2000) on Discrimination against Roma and general recommendation No. 29 (2002) on article 1, paragraph 1, of the Convention (Descent), both of which make specific reference to special measures.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 1
- Paragraph text
- At its seventy-first session, the Committee on the Elimination of Racial Discrimination ("the Committee") decided to embark upon the task of drafting a new general recommendation on special measures, in light of the difficulties observed in the understanding of such notion. At its seventy-second session, the Committee decided to hold at its next session a thematic discussion on the subject of special measures within the meaning of articles 1, paragraph 4, and 2, paragraph 2 of the International Convention on the Elimination of Racial Discrimination ("the Convention"). The thematic discussion was held on 4 and 5 August 2008 with the participation of States parties to the Convention, representatives of the Committee on the Elimination of Discrimination against Women, the International Labour Organisation (ILO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and non-governmental organizations. Following the discussion, the Committee renewed its determination to work on a general recommendation on special measures, with the objective of providing overall interpretative guidance on the meaning of the above articles in light of the provisions of the Convention as a whole.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Women
- Year
- 2009
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2009
- Document code
- CERD/C/GC/32
Document
Technical assistance 1991, para. 3
- Paragraph text
- Believing that training courses and workshops organized on the national level might prove of immeasurable assistance to officials responsible for the preparation of such State party reports,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1991
Paragraph
Technical assistance 1991, para. 2
- Paragraph text
- Concerned over the continued failure of certain States parties to the International Convention on the Elimination of All Forms of Racial Discrimination to meet their reporting obligations under the Convention,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1991
Paragraph
Technical assistance 1991, para. 2
- Paragraph text
- Recommends that the services of the staff of the Centre for Human Rights as well as of the experts of the Committee on the Elimination of Racial Discrimination should be utilized, as appropriate, in the conduct of such training courses and workshops.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1991
Paragraph
Technical assistance 1991, para. 1
- Paragraph text
- Requests the Secretary-General to organize, in consultation with the States parties concerned, appropriate national training courses and workshops for their reporting officials as soon as practicable;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1991
Paragraph
Technical assistance 1991, para. 1
- Paragraph text
- Taking note of the recommendation of the third meeting of persons chairing the human rights treaty bodies, as endorsed by the General Assembly at its forty-fifth session, to the effect that a series of seminars or workshops should be organized at the national level for the purpose of training those involved in the preparation of State party reports,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1991
Paragraph
Technical assistance
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1991
Document
Successor States 1993, para. 3
- Paragraph text
- Invites successor States to consider the importance of making the declaration under article 14, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, recognizing the competence of the Committee on the Elimination of Racial Discrimination to receive and consider individual communications.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1993
Paragraph
Successor States 1993, para. 2
- Paragraph text
- Taking into account the emergence of successor States as a result of the dissolution of States,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1993
Paragraph
Successor States 1993, para. 2
- Paragraph text
- Invites successor States that have not yet done so to accede to the International Convention on the Elimination of All Forms of Racial Discrimination if predecessor States were not parties to it;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1993
Paragraph
Successor States 1993, para. 1
- Paragraph text
- Emphasizing the importance of universal participation of States in the International Convention on the Elimination of All Forms of Racial Discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1993
Paragraph
Successor States 1993, para. 1
- Paragraph text
- Encourages successor States that have not yet done so to confirm to the Secretary General, as depositary of the International Convention on the Elimination of All Forms of Racial Discrimination, that they continue to be bound by obligations under that Convention, if predecessor States were parties to it;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1993
Paragraph
Successor States
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
States parties’ obligations 1972, para. 2
- Paragraph text
- However, inasmuch as, in accordance with article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, all States parties undertake to submit reports on the measures that they have adopted and that give effect to the provisions of the Convention and, since all the categories of information listed in the Committee’s communication of 28 January 1970 refer to obligations undertaken by the States parties under the Convention, that communication is addressed to all States parties without distinction, whether or not racial discrimination exists in their respective territories. The Committee welcomes the inclusion in the reports from all States parties, which have not done so, of the necessary information in conformity with all the headings set out in the aforementioned communication of the Committee.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
States parties’ obligations 1972, para. 1
- Paragraph text
- The Committee has considered some reports from States parties which expressed or implied the belief that the information mentioned in the Committee’s communication of 28 January 1970 (CERD/C/R.12), need not be supplied by States parties on whose territories racial discrimination does not exist.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
States parties’ obligations (article. 4 of the Convention) 1972, para. 2
- Paragraph text
- The Committee accordingly recommends that the States parties whose legislation was deficient in this respect should consider, in accordance with their national legislative procedures, the question of supplementing their legislation with provisions conforming to the requirements of article 4 (a) and (b) of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
States parties’ obligations (article. 4 of the Convention) 1972, para. 1
- Paragraph text
- On the basis of the consideration at its fifth session of reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee found that the legislation of a number of States parties did not include the provisions envisaged in article 4 (a) and (b) of the Convention, the implementation of which (with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention) is obligatory under the Convention for all States parties.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
States parties’ obligations (article. 4 of the Convention)
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1972
Document
States parties’ obligations
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1972
Document
Rights of indigenous peoples 1997, para. 6
- Paragraph text
- The Committee further calls upon States parties with indigenous peoples in their territories to include in their periodic reports full information on the situation of such peoples, taking into account all relevant provisions of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 5
- Paragraph text
- The Committee especially calls upon States parties to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or otherwise inhabited or used without their free and informed consent, to take steps to return those lands and territories. Only when this is for factual reasons not possible, the right to restitution should be substituted by the right to just, fair and prompt compensation. Such compensation should as far as possible take the form of lands and territories.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 4e
- Paragraph text
- [The Committee calls in particular upon States parties to:] Ensure that indigenous communities can exercise their rights to practise and revitalize their cultural traditions and customs and to preserve and to practise their languages.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 4d
- Paragraph text
- [The Committee calls in particular upon States parties to:] Ensure that members of indigenous peoples have equal rights in respect of effective participation in public life and that no decisions directly relating to their rights and interests are taken without their informed consent;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 4c
- Paragraph text
- [The Committee calls in particular upon States parties to:] Provide indigenous peoples with conditions allowing for a sustainable economic and social development compatible with their cultural characteristics;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 4b
- Paragraph text
- [The Committee calls in particular upon States parties to:] Ensure that members of indigenous peoples are free and equal in dignity and rights and free from any discrimination, in particular that based on indigenous origin or identity;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 4a
- Paragraph text
- [The Committee calls in particular upon States parties to:] Recognize and respect indigenous distinct culture, history, language and way of life as an enrichment of the State's cultural identity and to promote its preservation;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 3
- Paragraph text
- The Committee is conscious of the fact that in many regions of the world indigenous peoples have been, and are still being, discriminated against and deprived of their human rights and fundamental freedoms and in particular that they have lost their land and resources to colonists, commercial companies and State enterprises. Consequently, the preservation of their culture and their historical identity has been and still is jeopardized.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 2
- Paragraph text
- The Committee, noting that the General Assembly proclaimed the International Decade of the World's Indigenous Peoples commencing on 10 December 1994, reaffirms that the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination apply to indigenous peoples.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples 1997, para. 1
- Paragraph text
- In the practice of the Committee on the Elimination of Racial Discrimination, in particular in the examination of reports of States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, the situation of indigenous peoples has always been a matter of close attention and concern. In this respect, the Committee has consistently affirmed that discrimination against indigenous peoples falls under the scope of the Convention and that all appropriate means must be taken to combat and eliminate such discrimination.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 1997
Paragraph
Rights of indigenous peoples
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1997
Document
Right to self-determination 1996, para. 6
- Paragraph text
- The Committee emphasizes that, in accordance with the Declaration on Friendly Relations, none of the Committee's actions shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self determination of peoples and possessing a Government representing the whole people belonging to the territory, without distinction as to race, creed or colour. In the view of the Committee, international law has not recognized a general right of peoples unilaterally to declare secession from a State. In this respect, the Committee follows the views expressed in An Agenda for Peace (paragraphs 17 and following), namely, that a fragmentation of States may be detrimental to the protection of human rights, as well as to the preservation of peace and security. This does not, however, exclude the possibility of arrangements reached by free agreements of all parties concerned.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1996
Paragraph
Right to self-determination 1996, para. 5
- Paragraph text
- In order to respect fully the rights of all peoples within a State, Governments are again called upon to adhere to and implement fully the international human rights instruments and in particular the International Convention on the Elimination of All Forms of Racial Discrimination. Concern for the protection of individual rights without discrimination on racial, ethnic, tribal, religious or other grounds must guide the policies of Governments. In accordance with article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant international documents, Governments should be sensitive towards the rights of persons belonging to ethnic groups, particularly their right to lead lives of dignity, to preserve their culture, to share equitably in the fruits of national growth and to play their part in the Government of the country of which they are citizens. Also, Governments should consider, within their respective constitutional frameworks, vesting persons belonging to ethnic or linguistic groups comprised of their citizens, where appropriate, with the right to engage in activities which are particularly relevant to the preservation of the identity of such persons or groups.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1996
Paragraph
Right to self-determination 1996, para. 4
- Paragraph text
- In respect of the self determination of peoples two aspects have to be distinguished. The right to self determination of peoples has an internal aspect, that is to say, the rights of all peoples to pursue freely their economic, social and cultural development without outside interference. In that respect there exists a link with the right of every citizen to take part in the conduct of public affairs at any level, as referred to in article 5 (c) of the International Convention on the Elimination of All Forms of Racial Discrimination. In consequence, Governments are to represent the whole population without distinction as to race, colour, descent or national or ethnic origin. The external aspect of self determination implies that all peoples have the right to determine freely their political status and their place in the international community based upon the principle of equal rights and exemplified by the liberation of peoples from colonialism and by the prohibition to subject peoples to alien subjugation, domination and exploitation.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1996
Paragraph
Right to self-determination 1996, para. 3
- Paragraph text
- The Committee emphasizes that in accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, approved by the United Nations General Assembly in its resolution 2625 (XXV) of 24 October 1970, it is the duty of States to promote the right to self determination of peoples. But the implementation of the principle of self determination requires every State to promote, through joint and separate action, universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations. In this context the Committee draws the attention of Governments to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the General Assembly in its resolution 47/135 of 18 December 1992.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1996
Paragraph
Right to self-determination 1996, para. 2
- Paragraph text
- The right to self determination of peoples is a fundamental principle of international law. It is enshrined in Article 1 of the Charter of the United Nations, in article 1 of the International Covenant on Economic, Social and Cultural Rights and article 1 of the International Covenant on Civil and Political Rights, as well as in other international human rights instruments. The International Covenant on Civil and Political Rights provides for the rights of peoples to self determination besides the right of ethnic, religious or linguistic minorities to enjoy their own culture, to profess and practise their own religion or to use their own language.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1996
Paragraph
Right to self-determination 1996, para. 1
- Paragraph text
- The Committee notes that ethnic or religious groups or minorities frequently refer to the right to self determination as a basis for an alleged right to secession. In this connection the Committee wishes to express the following views.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1996
Paragraph
Right to self-determination
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1996
Document
Reporting by States parties 1972, para. 6
- Paragraph text
- The Committee welcomes the inclusion in the reports submitted under article 9, paragraph 1, of the Convention, by any State party which chooses to do so, of information regarding the status of its diplomatic, economic and other relations with the racist regimes in southern Africa.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
Reporting by States parties 1972, para. 5
- Paragraph text
- The Committee expresses the view that measures adopted on the national level to give effect to the provisions of the Convention are interrelated with measures taken on the international level to encourage respect everywhere for the principles of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
Reporting by States parties 1972, para. 4
- Paragraph text
- Furthermore, the Committee notes that, in resolution 2784 (XXVI), section III, the General Assembly, immediately after taking note with appreciation of the Committee's second annual report and endorsing certain opinions and recommendations, submitted by it, proceeded to call upon "all the trading partners of South Africa to abstain from any action that constitutes an encouragement to the continued violation of the principles and objectives of the International Convention on the Elimination of All Forms of Racial Discrimination by South Africa and the illegal regime in Southern Rhodesia".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
Reporting by States parties 1972, para. 3
- Paragraph text
- It notes also that, in article 3 of the Convention, "States parties particularly condemn racial segregation and apartheid".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
Reporting by States parties 1972, para. 2
- Paragraph text
- The Committee notes that, in the tenth paragraph of the preamble to the International Convention on the Elimination of All Forms of Racial Discrimination, States parties have "resolved", inter alia, "to build an international community free from all forms of racial segregation and racial discrimination".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1972
Paragraph
Reporting by States parties 1972, para. 1
- Paragraph text
- The Committee has considered some reports from States parties containing information about measures taken to implement resolutions of United Nations organs concerning relations with the racist regimes in southern Africa.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 5
- Paragraph text
- Recalling that, in accordance with article 9, paragraph 1, of the Convention, the Committee may request further information from the States parties,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 4
- Paragraph text
- Noting with regret that few States parties have included, in the reports they have submitted in accordance with article 9 of the Convention, information on the measures which they have adopted and which give effect to the provisions of article 7 of the Convention, and that that information has often been general and perfunctory,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 3
- Paragraph text
- Considering that the obligations under article 7 of the Convention, which are binding on all States parties, must be fulfilled by them, including States which declare that racial discrimination is not practised on the territories under their jurisdiction, and that therefore all States parties are required to include information on their implementation of the provisions of that article in the reports they submit in accordance with article 9, paragraph 1, of the Convention,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 2c
- Paragraph text
- [Invites the attention of States parties to the fact that, in accordance with article 7 of the Convention, the information to which the preceding paragraph refers should include information on the "immediate and effective measures" which they have adopted, "in the fields of teaching, education, culture and information", with a view to:] Propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination as well as the International Convention on the Elimination of All Forms of Racial Discrimination.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 2b
- Paragraph text
- [Invites the attention of States parties to the fact that, in accordance with article 7 of the Convention, the information to which the preceding paragraph refers should include information on the "immediate and effective measures" which they have adopted, "in the fields of teaching, education, culture and information", with a view to:] Promoting understanding, tolerance and friendship among nations and racial or ethnical groups;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 2a
- Paragraph text
- [Invites the attention of States parties to the fact that, in accordance with article 7 of the Convention, the information to which the preceding paragraph refers should include information on the "immediate and effective measures" which they have adopted, "in the fields of teaching, education, culture and information", with a view to:] Combating prejudices which lead to racial discrimination;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 2
- Paragraph text
- Convinced that combating prejudices which lead to racial discrimination, promoting understanding, tolerance and friendship among racial and ethnic groups, and propagating the principles and purposes of the Charter of the United Nations and of the human rights declarations and other relevant instruments adopted by the General Assembly of the United Nations, are important and effective means of eliminating racial discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 1
- Paragraph text
- Bearing in mind the provisions of articles 7 and 9 of the International Convention on the Elimination of All Forms of Racial Discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 1
- Paragraph text
- Requests every State party which has not already done so to include - in the next report it will submit in accordance with article 9 of the Convention, or in a special report before its next periodic report becomes due - adequate information on the measures which it has adopted and which give effect to the provisions of article 7 of the Convention;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1977
Paragraph
Reporting by States parties (article 7 of the Convention)
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1977
Document
Reporting by States parties (article 1 of the Convention) 1973, para. 2
- Paragraph text
- Bearing in mind the need for the reports sent by States parties to the Committee to be as informative as possible,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1973
Paragraph
Reporting by States parties (article 1 of the Convention) 1973, para. 1
- Paragraph text
- Invites States parties to endeavour to include in their reports under article 9 relevant information on the demographic composition of the population referred to in the provisions of article 1 of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1973
Paragraph
Reporting by States parties (article 1 of the Convention) 1973, para. 1
- Paragraph text
- Having considered reports submitted by States parties under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination at its seventh and eighth sessions,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1973
Paragraph
Reporting by States parties (article 1 of the Convention)
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1973
Document
Reporting by States parties
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1972
Document
Racial discrimination against people of African descent 2011, para. 66
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Include in textbooks, at all appropriate levels, chapters about the history and cultures of peoples of African descent and preserve this knowledge in museums and other forums for future generations, encourage and support the publication and distribution of books and other print materials, as well as the broadcasting of television and radio programmes about their history and cultures.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 65
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Act with determination to eliminate any discrimination against students of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 64
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Consider adopting special measures aimed at promoting the education of all students of African descent, guarantee equitable access to higher education for people of African descent and facilitate professional educational careers.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 63
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take measures to reduce the school dropout rate for children of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 62
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Ensure that public and private education systems do not discriminate against or exclude children based on race or descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 61
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Review all the language in textbooks which conveys stereotyped or demeaning images, references, names or opinions concerning people of African descent and replace it with images, references, names and opinions which convey the message of the inherent dignity and equality of all human beings.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 60
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Develop and implement policies and projects aimed at avoiding the segregation of people of African descent in housing, and involve communities of people of African descent as partners in housing project construction, rehabilitation and maintenance.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 59
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take special measures to promote the employment of people of African descent in the public administration as well as in private companies.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 58
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Adopt or make more effective legislation prohibiting discrimination in employment and all discriminatory practices in the labour market that affect people of African descent and protect them against all such practices.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 57
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Design and implement programmes aimed at creating opportunities for the general empowerment of people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 56
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Involve people of African descent in designing and implementing health-based programmes and projects.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 55
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Ensure equal access to health care and social security services for people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 54
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Work with intergovernmental organizations, including international financial institutions, to ensure that development or assistance projects which they support take into account the economic and social situation of people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 53
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take measures to eliminate discrimination against people of African descent in relation to working conditions and work requirements including employment rules and practices that may have discriminatory purposes or effects.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 52
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Design, adopt and implement plans and programmes of economic and social development on an equal and non-discriminatory basis.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 51
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take measures to eradicate poverty among communities of people of African descent within particular States parties' territories and combat the social exclusion or marginalization often experienced by people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 50
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take steps to remove all obstacles that prevent the enjoyment of economic, social and cultural rights by people of African descent especially in the areas of education, housing, employment and health.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 49
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take into consideration that, in some cases, denial of citizenship for long-term or permanent residents could result in the creation of disadvantage for the people affected in terms of access to employment and social benefits, in violation of the Convention's anti-discrimination principles.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 48
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Recognize that deprivation of citizenship on the basis of race or descent is a breach of States parties' obligation to ensure non-discriminatory enjoyment of the right to nationality.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 47
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Ensure that legislation regarding citizenship and naturalization does not discriminate against people of African descent and pay sufficient attention to possible barriers to naturalization that may exist for long-term or permanent residents of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 46
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Organize training programmes to improve the political policymaking and public administration skills of public officials and political representatives who belong to communities of people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 45
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take all necessary steps, including special measures, to secure equal opportunities for participation of people of African descent in all central and local government bodies.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 44
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Promote awareness among members of the communities of people of African descent of the importance of their active participation in public and political life and eliminate obstacles to such participation.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 43
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take special and concrete measures to guarantee people of African descent the right to participate in elections, to vote and stand for election on the basis of equal and universal suffrage and to have due representation in all branches of government.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 42
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Ensure that authorities at all levels in the State respect the right of members of communities of people of African descent to participate in decisions that affect them.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 41
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Organize training programmes for public officials and law enforcement agencies with a view to preventing injustices based on prejudice against people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 40
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Encourage the recruitment of people of African descent into the police and as other law enforcement officials.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 39
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take measures to prevent the use of illegal force, torture, inhuman or degrading treatment or discrimination by the police or other law enforcement agencies and officials against people of African descent, especially in connection with arrest and detention, and ensure that people of African descent are not victims of practices of racial or ethnic profiling.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 38
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Also ensure that measures taken in the fight against crimes, including terrorism, do not discriminate in purpose or effect on the grounds of race and colour.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 37
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Ensure the prosecution of all persons who commit racially motivated crimes against people of African descent and guarantee the provision of adequate compensation for victims of such crimes.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 36
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Introduce into criminal law the provision that committing an offence with racist motivation or aim constitutes an aggravating circumstance allowing for a more severe punishment.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 35
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take all the necessary steps to secure equal access to the justice system for all people of African descent including by providing legal aid, facilitating individual or group claims, and encouraging non-governmental organizations to defend their rights.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 34
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In assessing the impact of a country's system of administration of justice, take into consideration its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, and pay particular attention to the measures below where they pertain to people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 33
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Encourage the development and implementation of methods of self-monitoring by the media through codes of conduct for media organizations in order to eliminate the use of racially discriminatory or biased language.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 32
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Develop educational and media campaigns to educate the public about people of African descent, their history and their culture, and the importance of building an inclusive society, while respecting the human rights and identity of all people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 31
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take resolute action to counter any tendency to target, stigmatize, stereotype or profile people of African descent on the basis of race, by law enforcement officials, politicians and educators.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 30
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take measures to raise awareness among media professionals of the nature and incidence of discrimination against people of African descent, including the media's responsibility not to perpetuate prejudices.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 29
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take strict measures against any incitement to discrimination or violence against people of African descent including through the Internet and related facilities of similar nature.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 28
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Also ensure the protection of the security and integrity of people of African descent without any discrimination by adopting measures for preventing racially motivated acts of violence against them; ensure prompt action by the police, prosecutors and the judiciary for investigating and punishing such acts; and ensure that perpetrators, be they public officials or other persons, do not enjoy impunity.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 27
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take measures to prevent any dissemination of ideas of racial superiority and inferiority or ideas which attempt to justify violence, hatred or discrimination against people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 26
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Undertake initiatives specifically aimed at protecting the special rights of the girl child and the rights of boys in vulnerable situations.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 25
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Recognizing the particular vulnerability of children of African descent, which may lead to the transmission of poverty from generation to generation, and the inequality affecting people of African descent, adopt special measures to ensure equality in the exercise of their rights, in particular corresponding to the areas that most affect the lives of children.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 24
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Include in all reports to the Committee information on the measures taken to implement the Convention that specifically address racial discrimination against women of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 23
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take into account, in all programmes and projects planned and implemented and all measures adopted, the situation of women of African descent, who are often victims of multiple discrimination.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 22
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Recognizing that some forms of racial discrimination have a unique and specific impact on women, design and implement measures aimed at eliminating racial discrimination, paying due regard to the Committee's general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 21
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Develop and implement special measures aimed at promoting the employment of people of African descent in both the public and private sectors.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 20
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Educate and raise the awareness of the public on the importance of special measures (affirmative action programmes) to address the situation of victims of racial discrimination, especially discrimination as a result of historical factors.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 19
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Formulate and put in place comprehensive national strategies with the participation of people of African descent, including special measures in accordance with articles 1 and 2 of the Convention, in order to eliminate discrimination against people of African descent and ensure their full enjoyment of all human rights and fundamental freedoms.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 18
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Adopt and implement special measures meant to eliminate all forms of racial discrimination against people of African descent, taking into account the Committee's general recommendation No. 32 (2009).
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 17
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Effectively acknowledge in their policies and actions the negative effects of the wrongs occasioned on people of African descent in the past, chief among which are colonialism and the transatlantic slave trade, the effects of which continue to disadvantage people of African descent today.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 16
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Conduct periodic surveys, in line with paragraph 1 above, on the reality of discrimination against people of African descent and provide disaggregated data in their reports to the Committee on, inter alia, the geographical distribution and the economic and social conditions of people of African descent, including a gender perspective.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 15
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Strengthen existing institutions or create specialized institutions to promote respect for the equal human rights of people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 14
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take the necessary measures, in cooperation with civil society and members of affected communities, to educate the population as a whole in a spirit of non-discrimination, respect for others and tolerance, especially concerning people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 13
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Encourage and develop appropriate modalities of communication and dialogue between communities of people of African descent and/or their representatives and the relevant authorities in the State.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 12
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Fully implement legislation and other measures already in place to ensure that people of African descent are not discriminated against.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 11
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Review, adopt and implement national strategies and programmes with a view to improving the situation of people of African descent and protecting them against discrimination by State agencies and public officials, as well as by any persons, group or organization.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 10
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Review and enact or amend legislation, as appropriate, in order to eliminate, in line with the Convention, all forms of racial discrimination against people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 9
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take steps to identify communities of people of African descent living in their territories, especially through the collection of disaggregated data on the population, bearing in mind the Committee's general recommendations, particularly general recommendations Nos. 4 (1973) on demographic composition of the population (art. 9); 8 (1990) on identification with a particular racial or ethnic group (art. 1, paras. 1 and 4), and 24 (1999) on reporting of persons belonging to different races, national/ethnic groups, or indigenous peoples (art. 1).
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 8
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] For the exercise of the rights of people of African descent, the Committee recommends that States parties adopt the following measures:
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 7
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] The Committee observes that overcoming the structural discrimination that affects people of African descent calls for the urgent adoption of special measures (affirmative action), as established in the International Convention on the Elimination of All Forms of Racial Discrimination (arts. 1, para. 4, and 2, para. 2). The need for special measures has been the subject of reiterated observations and recommendations made to the State parties under the Convention, summarized in general recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 6
- Paragraph text
- Having held a day-long thematic discussion on racial discrimination against people of African descent in the seventy-eighth session (February-March 2011) on the occasion of the International Year for People of African Descent, in which the Committee heard and exchanged ideas with States parties, United Nations organs and specialized agencies, special rapporteurs and their representatives, as well as non-governmental organizations, and decided to clarify some aspects of discrimination against such people and further support the struggle to overcome this discrimination worldwide,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 6
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Racism and structural discrimination against people of African descent, rooted in the infamous regime of slavery, are evident in the situations of inequality affecting them and reflected, inter alia, in the following domains: their grouping, together with indigenous peoples, among the poorest of the poor; their low rate of participation and representation in political and institutional decision-making processes; additional difficulties they face in access to and completion and quality of education, which results in the transmission of poverty from generation to generation; inequality in access to the labour market; limited social recognition and valuation of their ethnic and cultural diversity; and a disproportionate presence in prison populations.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 5
- Paragraph text
- Observes that it has become evident from the examination of the reports of States parties to the Convention that people of African descent continue to experience racism and racial discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 5
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] The Committee understands that racism and racial discrimination against people of African descent are expressed in many forms, notably structural and cultural.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 4d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [People of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights:] The right to prior consultation with respect to decisions which may affect their rights, in accordance with international standards.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 4c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [People of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights:] The right to the protection of their traditional knowledge and their cultural and artistic heritage;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 4b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [People of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights:] The right to their cultural identity, to keep, maintain and foster their mode of life and forms of organization, culture, languages and religious expressions;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 4a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [People of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights:] The right to property and to the use, conservation and protection of lands traditionally occupied by them and to natural resources in cases where their ways of life and culture are linked to their utilization of lands and resources;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 4
- Paragraph text
- Notes also the condemnation of discrimination against people of African descent as expressed in the Durban Declaration and Programme of Action,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 3
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] People of African descent shall enjoy all human rights and fundamental freedoms in accordance with international standards, in conditions of equality and without any discrimination.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 3
- Paragraph text
- Reaffirms its general recommendations Nos. 28 (2002) on the follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and 33 (2009) on follow-up to the Durban Review Conference, in which the Committee expressed its commitment to press for the implementation of the Durban Declaration and Programme of Action,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 2
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] The Committee is aware that millions of people of African descent are living in societies in which racial discrimination places them in the lowest positions in social hierarchies.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 2
- Paragraph text
- Recalls also that people of African descent received greater recognition and visibility at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban in 2001, South Africa, its preparatory conferences, particularly the + 5 Conference of Santiago, Chile, in 2000, reflected in the respective declarations and plans of action,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 1
- Paragraph text
- Recalls the Charter of the United Nations and the Universal Declaration of Human Rights, according to which all human beings are born free and equal in dignity and rights and are entitled to the rights and freedoms enshrined therein without distinction of any kind, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
Racial discrimination against people of African descent 2011, para. 1
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] For the purposes of this general recommendation, people of African descent are those referred to as such by the Durban Declaration and Programme of Action and who identify themselves as people of African descent.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Racial discrimination against people of African descent
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2011
- Document code
- CERD/C/GC/34
Document
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 41
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Lastly, with regard to women and children belonging to the groups referred to in the last paragraph of the preamble, States parties should pay the greatest attention possible with a view to ensuring that such persons benefit from the special regime to which they are entitled in relation to the execution of sentences, bearing in mind the particular difficulties faced by mothers of families and women belonging to certain communities, particularly indigenous communities.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Women
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 40
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] When non nationals are sentenced to deportation, expulsion or banning from their territory, States parties should comply fully with the obligation of non refoulement arising out of the international norms concerning refugees and human rights, and ensure that such persons will not be sent back to a country or territory where they would run the risk of serious violations of their human rights.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 39
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Further, the independent authorities in the States parties that are responsible for supervising prison institutions should include members who have expertise in the field of racial discrimination and sound knowledge of the problems of racial and ethnic groups and the other vulnerable groups referred to in the last paragraph of the preamble; when necessary, such supervisory authorities should have an effective visit and complaint mechanism.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Allow such persons to benefit, where appropriate, from the provisions of domestic legislation and international or bilateral conventions relating to the transfer of foreign prisoners, offering them an opportunity to serve the prison term in their countries of origin.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Comply, in this regard, with the United Nations norms in this field, and particularly the Standard Minimum Rules for the Treatment of Prisoners, the Basic Principles for the Treatment of Prisoners and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Guarantee to all prisoners whose rights have been violated the right to an effective remedy before an independent and impartial authority;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Guarantee such persons the enjoyment of all the rights to which prisoners are entitled under the relevant international norms, in particular rights specially adapted to their situation: the right to respect for their religious and cultural practices, the right to respect for their customs as regards food, the right to relations with their families, the right to the assistance of an interpreter, the right to basic welfare benefits and, where appropriate, the right to consular assistance. The medical, psychological or social services offered to prisoners should take their cultural background into account;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 37
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] Punishments targeted exclusively at non nationals that are additional to punishments under ordinary law, such as deportation, expulsion or banning from the country concerned, should be imposed only in exceptional circumstances and in a proportionate manner, for serious reasons related to public order which are stipulated in the law, and should take into account the need to respect the private family life of those concerned and the international protection to which they are entitled.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 36
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] In the case of persons belonging to indigenous peoples, States parties should give preference to alternatives to imprisonment and to other forms of punishment that are better adapted to their legal system, bearing in mind in particular International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 35
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] Special attention should be paid in this regard to the system of minimum punishments and obligatory detention applicable to certain offences and to capital punishment in countries which have not abolished it, bearing in mind reports that this punishment is imposed and carried out more frequently against persons belonging to specific racial or ethnic groups.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 34
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] In this regard, States should ensure that the courts do not apply harsher punishments solely because of an accused person's membership of a specific racial or ethnic group.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 33
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] States parties may, in this regard, take into account the Bangalore Principles of Judicial Conduct adopted in 2002 (E/CN.4/2003/65, annex), which recommend in particular that: Judges should be aware of the diversity of society and differences linked with background, in particular racial origins;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 33
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] States parties may, in this regard, take into account the Bangalore Principles of Judicial Conduct adopted in 2002 (E/CN.4/2003/65, annex), which recommend in particular that: They should not, by words or conduct, manifest any bias towards persons or groups on the grounds of their racial or other origin;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 33
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] States parties may, in this regard, take into account the Bangalore Principles of Judicial Conduct adopted in 2002 (E/CN.4/2003/65, annex), which recommend in particular that: They should carry out their duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and their colleagues, without unjustified differentiation; and
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 33
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] States parties may, in this regard, take into account the Bangalore Principles of Judicial Conduct adopted in 2002 (E/CN.4/2003/65, annex), which recommend in particular that: They should oppose the manifestation of prejudice by the persons under their direction and by lawyers or their adoption of discriminatory behaviour towards a person or group on the basis of their colour, racial, national, religious or sexual origin, or on other irrelevant grounds.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 33
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] States parties may, in this regard, take into account the Bangalore Principles of Judicial Conduct adopted in 2002 (E/CN.4/2003/65, annex), which recommend in particular that:
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 32
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] They should prevent all direct influence by pressure groups, ideologies, religions and churches on the functioning of the system of justice and on the decisions of judges, which may have a discriminatory effect on certain groups.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 31
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] States parties should strive firmly to ensure a lack of any racial or xenophobic prejudice on the part of judges, jury members and other judicial personnel.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 30
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to the assistance of counsel and the right to an interpreter] Effectively guaranteeing these rights implies that States parties must set up a system under which counsel and interpreters will be assigned free of charge, together with legal help or advice and interpretation services for persons belonging to the groups referred to in the last paragraph of the preamble.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 29
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to the presumption of innocence] This right implies that the police authorities, the judicial authorities and other public authorities must be forbidden to express their opinions publicly concerning the guilt of the accused before the court reaches a decision, much less to cast suspicion in advance on the members of a specific racial or ethnic group. These authorities have an obligation to ensure that the mass media do not disseminate information which might stigmatize certain categories of persons, particularly those belonging to the groups referred to in the last paragraph of the preamble.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 28
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In general, States parties must ensure that persons belonging to the groups referred to in the last paragraph of the preamble, like all other persons, enjoy all the guarantees of a fair trial and equality before the law, as enshrined in the relevant international human rights instruments, and specifically.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 27
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Prior to the trial, States parties may, where appropriate, give preference to non judicial or parajudicial procedures for dealing with the offence, taking into account the cultural or customary background of the perpetrator, especially in the case of persons belonging to indigenous peoples.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 26d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:] That persons belonging to such groups who are held pending trial enjoy all the rights to which prisoners are entitled under the relevant international norms, and particularly the rights specially adapted to their circumstances: the right to respect for their traditions as regards religion, culture and food, the right to relations with their families, the right to the assistance of an interpreter and, where appropriate, the right to consular assistance.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 26c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:] That the guarantees often required of accused persons as a condition of their remaining at liberty pending trial (fixed address, declared employment, stable family ties) are weighed in the light of the insecure situation which may result from their membership of such groups, particularly in the case of women and minors;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Women
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 26b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:] That the requirement to deposit a guarantee or financial security in order to obtain release pending trial is applied in a manner appropriate to the situation of persons belonging to such groups, who are often in straitened economic circumstances, so as to prevent this requirement from leading to discrimination against such persons;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 26a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:] That the mere fact of belonging to a racial or ethnic group or one of the aforementioned groups is not a sufficient reason, de jure or de facto, to place a person in pretrial detention. Such pretrial detention can be justified only on objective grounds stipulated in the law, such as the risk of flight, the risk that the person might destroy evidence or influence witnesses, or the risk of a serious disturbance of public order;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 25
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Lastly, as regards the questioning or arrest of persons belonging to the groups referred to in the last paragraph of the preamble, States parties should bear in mind the special precautions to be taken when dealing with women or minors, because of their particular vulnerability.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Women
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 24
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] As regards persons placed in administrative holding centres or in holding areas in airports, States parties should ensure that they enjoy sufficiently decent living conditions.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 23
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should also guarantee to all arrested persons, whatever the racial, national or ethnic group to which they belong, enjoyment of the fundamental rights of the defence enshrined in the relevant international human rights instruments (especially the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights), in particular the right not to be arbitrarily arrested or detained, the right to be informed of the reasons for their arrest, the right to the assistance of an interpreter, the right to the assistance of counsel, the right to be brought promptly before a judge or an authority empowered by the law to perform judicial functions, the right to consular protection guaranteed by article 36 of the Vienna Convention on Consular Relations and, in the case of refugees, the right to contact the Office of the United Nations High Commissioner for Refugees.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 22
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should ensure the observance of the general principle of proportionality and strict necessity in recourse to force against persons belonging to the groups referred to in the last paragraph of the preamble, in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 21
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should prevent and most severely punish violence, acts of torture, cruel, inhuman or degrading treatment and all violations of human rights affecting persons belonging to the groups referred to in the last paragraph of the preamble which are committed by State officials, particularly police and army personnel, customs authorities, and persons working in airports, penal institutions and social, medical and psychiatric services.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 20
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should take the necessary steps to prevent questioning, arrests and searches which are in reality based solely on the physical appearance of a person, that person's colour or features or membership of a racial or ethnic group, or any profiling which exposes him or her to greater suspicion.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 19d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should ensure that the system of justice:] Guarantees victims just and adequate reparation for the material and moral harm suffered as a result of racial discrimination.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 19c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should ensure that the system of justice:] Guarantees the victim a court judgement within a reasonable period;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 19b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should ensure that the system of justice:] Treats the victims of racial discrimination without discrimination or prejudice, while respecting their dignity, through ensuring in particular that hearings, questioning or confrontations are carried out with the necessary sensitivity as far as racism is concerned;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 19a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should ensure that the system of justice:] Grants a proper place to victims and their families, as well as witnesses, throughout the proceedings, by enabling complainants to be heard by the judges during the examination proceedings and the court hearing, to have access to information, to confront hostile witnesses, to challenge evidence and to be informed of the progress of proceedings;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 18
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In countries where there are assistance and compensation plans for victims, States parties should ensure that such plans are available to all victims without discrimination and regardless of their nationality or residential status.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17e
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:] Providing for the possibility of suspending the functions, for the duration of the investigation, of the agents of the State against whom the complaints were made.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:] Guaranteeing protection for the victim or the victim's family against any form of intimidation or reprisals;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:] Ensuring that victims have information about the progress of the proceedings;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:] Granting victims effective judicial cooperation and legal aid, including the assistance of counsel and an interpreter free of charge;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:] Offering procedural status for the victims of racism and xenophobia and associations for the protection of the rights of such victims, such as an opportunity to associate themselves with the criminal proceedings, or other similar procedures that might enable them to assert their rights in the criminal proceedings, at no cost to themselves;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 16
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In advance of the initiation of proceedings, States parties could also encourage, with a view to respecting the rights of the victims, the use of parajudicial procedures for conflict resolution, including customary procedures compatible with human rights, mediation or conciliation, which can serve as useful options for the victims of acts of racism and to which less stigma may be attached.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 15
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should remind public prosecutors and members of the prosecution service of the general importance of prosecuting racist acts, including minor offences committed with racist motives, since any racially motivated offence undermines social cohesion and society as a whole.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 14
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In cases of allegations of torture, ill treatment or executions, investigations should be conducted in accordance with the Principles on the Effective Prevention and Investigation of Extra legal, Arbitrary and Summary Executions and the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 13
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Conversely, it should be the right and duty of any police official or State employee to refuse to obey orders or instructions that require him or her to commit violations of human rights, particularly those based on racial discrimination. States parties should guarantee the freedom of any official to invoke this right without fear of punishment.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 12
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Any refusal by a police official to accept a complaint involving an act of racism should lead to disciplinary or penal sanctions, and those sanctions should be increased if corruption is involved.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 12
- Paragraph text
- Determined to combat all forms of discrimination in the administration and functioning of the criminal justice system which may be suffered, in all countries of the world, by persons belonging to racial or ethnic groups, in particular non citizens including immigrants, refugees, asylum seekers and stateless persons Roma/Gypsies, indigenous peoples, displaced populations, persons discriminated against because of their descent, as well as other vulnerable groups which are particularly exposed to exclusion, marginalization and non integration in society, paying particular attention to the situation of women and children belonging to the aforementioned groups, who are susceptible to multiple discrimination because of their race and because of their sex or their age,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 11
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] The competent services should be instructed to receive the victims of acts of racism in police stations in a satisfactory manner, so that complaints are recorded immediately, investigations are pursued without delay and in an effective, independent and impartial manner, and files relating to racist or xenophobic incidents are retained and incorporated into databases.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 11
- Paragraph text
- Considering that the risks of discrimination in the administration and functioning of the criminal justice system have increased in recent years, partly as a result of the rise in immigration and population movements, which have prompted prejudice and feelings of xenophobia or intolerance among certain sections of the population and certain law enforcement officials, and partly as a result of the security policies and anti terrorism measures adopted by many States, which among other things have encouraged the emergence of anti Arab or anti Muslim feelings, or, as a reaction, anti Semitic feelings, in a number of countries,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 10
- Paragraph text
- Considering that no country is free from racial discrimination in the administration and functioning of the criminal justice system, regardless of the type of law applied or the judicial system in force, whether accusatorial, inquisitorial or mixed,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 10
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should take the necessary steps to ensure that the police services have an adequate and accessible presence in the neighbourhoods, regions, collective facilities, camps or centres where the persons belonging to the groups referred to in the last paragraph of the preamble reside, so that complaints from such persons can be expeditiously received.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 9
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should also expand their cooperation with associations of lawyers, university institutions, legal advice centres and non governmental organizations specializing in protecting the rights of marginalized communities and in the prevention of discrimination.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 9
- Paragraph text
- Convinced that, even though the system of justice may be regarded as impartial and not affected by racism, racial discrimination or xenophobia, when racial or ethnic discrimination does exist in the administration and functioning of the system of justice, it constitutes a particularly serious violation of the rule of law, the principle of equality before the law, the principle of fair trial and the right to an independent and impartial tribunal, through its direct effect on persons belonging to groups which it is the very role of justice to protect,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 8
- Paragraph text
- Bearing in mind the observations relating to the functioning of the system of justice made in the Committee's conclusions concerning reports submitted by States parties and in general recommendations XXVII (2000) on discrimination against Roma, XXIX (2002) on discrimination based on descent and XXX (2004) on discrimination against non citizens,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 8
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In that regard, States parties should promote, in the areas where such persons live, institutions such as free legal help and advice centres, legal information centres and centres for conciliation and mediation.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 7
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In order to facilitate access to justice for the victims of racism, States parties should strive to supply the requisite legal information to persons belonging to the most vulnerable social groups, who are often unaware of their rights.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 7
- Paragraph text
- Referring to the 1951 Convention relating to the Status of Refugees, in particular article 16, which stipulates that "[a] refugee shall have free access to the courts of law on the territory of all Contracting States",
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 6
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In accordance with article 6 of the Convention, States parties are obliged to guarantee the right of every person within their jurisdiction to an effective remedy against the perpetrators of acts of racial discrimination, without discrimination of any kind, whether such acts are committed by private individuals or State officials, as well as the right to seek just and adequate reparation for the damage suffered.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 6
- Paragraph text
- Bearing in mind the reports of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5j
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To entrust an independent national institution with the task of tracking, monitoring and measuring progress made under the national plans of action and guidelines against racial discrimination, identifying undetected manifestations of racial discrimination and submitting recommendations and proposals for improvement.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5i
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To implement national strategies or plans of action aimed at the elimination of structural racial discrimination. These long term strategies should include specific objectives and actions as well as indicators against which progress can be measured. They should include, in particular, guidelines for prevention, recording, investigation and prosecution of racist or xenophobic incidents, assessment of the level of satisfaction among all communities concerning their relations with the police and the system of justice, and recruitment and promotion in the judicial system of persons belonging to various racial or ethnic groups;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5h
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To set up, in post conflict situations, plans for the reconstruction of the legal system and the re establishment of the rule of law throughout the territory of the countries concerned, by availing themselves, in particular, of the international technical assistance provided by the relevant United Nations entities;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5g
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To institute, in situations of mass population movements, the interim measures and arrangements necessary for the operation of the justice system in order to take account of the particularly vulnerable situation of displaced persons, in particular by setting up decentralized courts at the places where the displaced persons are staying or by organizing mobile courts;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5f
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To make the necessary changes to the prison regime for prisoners belonging to the groups referred to in the last paragraph of the preamble, so as to take into account their cultural and religious practices;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5e
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To ensure respect for, and recognition of the traditional systems of justice of indigenous peoples, in conformity with international human rights law;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To promote proper representation of persons belonging to racial and ethnic groups in the police and the system of justice;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To foster dialogue and cooperation between the police and judicial authorities and the representatives of the various groups referred to in the last paragraph of the preamble, in order to combat prejudice and create a relationship of trust;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To develop, through appropriate education programmes, training in respect for human rights, tolerance and friendship among racial or ethnic groups, as well as sensitization to intercultural relations, for law enforcement officials: police personnel, persons working in the system of justice, prison institutions, psychiatric establishments, social and medical services, etc.;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To eliminate laws that have an impact in terms of racial discrimination, particularly those which target certain groups indirectly by penalizing acts which can be committed only by persons belonging to such groups, or laws that apply only to non nationals without legitimate grounds or which do not respect the principle of proportionality;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5
- Paragraph text
- Referring to the work of the Commission on Human Rights and of the Sub Commission on the Promotion and Protection of Human Rights (see E/CN.4/Sub.2/2005/7) concerning discrimination in the criminal justice system,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 4b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The following should be regarded as indicators of potential causes of racial discrimination:] The potential indirect discriminatory effects of certain domestic legislation, particularly legislation on terrorism, immigration, nationality, banning or deportation of non citizens from a country, as well as legislation that has the effect of penalizing without legitimate grounds certain groups or membership of certain communities. States should seek to eliminate the discriminatory effects of such legislation and in any case to respect the principle of proportionality in its application to persons belonging to the groups referred to in the last paragraph of the preamble.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 4a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The following should be regarded as indicators of potential causes of racial discrimination:] Any gaps in domestic legislation on racial discrimination. In this regard, States parties should fully comply with the requirements of article 4 of the Convention and criminalize all acts of racism as provided by that article, in particular the dissemination of ideas based on racial superiority or hatred, incitement to racial hatred, violence or incitement to racial violence, but also racist propaganda activities and participation in racist organizations. States parties are also encouraged to incorporate a provision in their criminal legislation to the effect that committing offences for racial reasons generally constitutes an aggravating circumstance;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 4
- Paragraph text
- Referring to paragraph 25 of the declaration adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, in 2001, which expressed "profound repudiation of the racism, racial discrimination, xenophobia and related intolerance that persist in some States in the functioning of the penal system and in the application of the law, as well as in the actions and attitudes of institutions and individuals responsible for law enforcement, especially where this has contributed to certain groups being overrepresented among persons under detention or imprisoned",
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 3
- Paragraph text
- Recalling that article 6 of the Convention requires States parties to assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 3
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In particular, States parties should have access to comprehensive statistical or other information on complaints, prosecutions and convictions relating to acts of racism and xenophobia, as well as on compensation awarded to the victims of such acts, whether such compensation is paid by the perpetrators of the offences or under State compensation plans financed from public funds.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 2
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In order for these factual indicators to be well known and used, States parties should embark on regular and public collection of information from police, judicial and prison authorities and immigration services, while respecting standards of confidentiality, anonymity and protection of personal data.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 2
- Paragraph text
- Recalling the provisions of article 5 (a) of the Convention, under which States parties have an obligation to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the right to equal treatment before the tribunals and all other organs administering justice,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1g
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The insufficient representation of persons belonging to those groups among the ranks of the police, in the system of justice, including judges and jurors, and in other law enforcement departments.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1f
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The handing down by the courts of harsher or inappropriate sentences against persons belonging to those groups;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1e
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The number and percentage of persons belonging to those groups who are held in prison or preventive detention, including internment centres, penal establishments, psychiatric establishments or holding areas in airports;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The proportionately higher crime rates attributed to persons belonging to those groups, particularly as regards petty street crime and offences related to drugs and prostitution, as indicators of the exclusion or the non integration of such persons into society;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] Insufficient or no information on the behaviour of law enforcement personnel vis à vis persons belonging to the groups referred to in the last paragraph of the preamble;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The absence or small number of complaints, prosecutions and convictions relating to acts of racial discrimination in the country. Such a statistic should not be viewed as necessarily positive, contrary to the belief of some States. It may also reveal either that victims have inadequate information concerning their rights, or that they fear social censure or reprisals, or that victims with limited resources fear the cost and complexity of the judicial process, or that there is a lack of trust in the police and judicial authorities, or that the authorities are insufficiently alert to or aware of offences involving racism;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The number and percentage of persons belonging to the groups referred to in the last paragraph of the preamble who are victims of aggression or other offences, especially when they are committed by police officers or other State officials;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1
- Paragraph text
- Recalling the definition of racial discrimination set out in article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2004
Document
Overdue reports 1982, para. 5
- Paragraph text
- Noting with regret that neither reminders sent through the Secretary-General to States parties nor the inclusion of the relevant information in the annual reports to the General Assembly has had the desired effect, in all cases,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1982
Paragraph
Overdue reports 1982, para. 4
- Paragraph text
- Stating that at present no less than 89 reports are overdue from 62 States, that 42 of those reports are overdue from 15 States, each with two or more outstanding reports, and that four initial reports which were due between 1973 and 1978 have not been received,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1982
Paragraph
Overdue reports 1982, para. 3
- Paragraph text
- Recalling that article 9 of the Convention obliges States parties to submit initial and periodic reports on the measures that give effect to the provisions of the Convention,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1982
Paragraph
Overdue reports 1982, para. 2
- Paragraph text
- Bearing in mind, however, that ratification alone does not enable the control system set up by the Convention to function effectively,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1982
Paragraph
Overdue reports 1982, para. 1
- Paragraph text
- Recognizing the fact that an impressive number of States has ratified, or acceded to, the International Convention on the Elimination of All Forms of Racial Discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 1982
Paragraph
Overdue reports 1982, para. (b)
- Paragraph text
- [Invites the General Assembly:] To use its authority in order to ensure that the Committee could more effectively fulfil its obligations under the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1982
Paragraph
Overdue reports 1982, para. (a)
- Paragraph text
- [Invites the General Assembly:] To take note of the situation;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1982
Paragraph
Overdue reports
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1982
Document
Non-citizens 1993, para. 3
- Paragraph text
- The Committee further affirms that article 1, paragraph 2, must not be interpreted to detract in any way from the rights and freedoms recognized and enunciated in other instruments, especially the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1993
Paragraph
Non-citizens 1993, para. 2
- Paragraph text
- The Committee has noted that article 1, paragraph 2, has on occasion been interpreted as absolving States parties from any obligation to report on matters relating to legislation on foreigners. The Committee therefore affirms that States parties are under an obligation to report fully upon legislation on foreigners and its implementation.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 1993
Paragraph
Non-citizens 1993, para. 1
- Paragraph text
- Article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination defines racial discrimination. Article 1, paragraph 2, excepts from this definition actions by a State party which differentiate between citizens and non-citizens. Article 1, paragraph 3, qualifies article 1, paragraph 2, by declaring that, among non-citizens, States parties may not discriminate against any particular nationality.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1993
Paragraph
Non-citizens
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Interpretation and application of article 1, paragraphs 1 and 4 of the Convention 1990, para. 2
- Paragraph text
- Is of the opinion that such identification shall, if no justification exists to the contrary, be based upon self-identification by the individual concerned.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1990
Paragraph
Interpretation and application of article 1, paragraphs 1 and 4 of the Convention 1990, para. 1
- Paragraph text
- Having considered reports from States parties concerning information about the ways in which individuals are identified as being members of a particular racial or ethnic group or groups,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 1990
Paragraph
Interpretation and application of article 1, paragraphs 1 and 4 of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
Document
Implementation of article 4 1985, para. 6
- Paragraph text
- Bearing in mind the preventive aspects of article 4 to deter racism and racial discrimination as well as activities aimed at their promotion or incitement,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1985
Paragraph
Implementation of article 4 1985, para. 5
- Paragraph text
- Further recalling that, in accordance with the first paragraph of article 4, States parties "undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination", with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1985
Paragraph
Implementation of article 4 1985, para. 4
- Paragraph text
- Noting, however, that in a number of States parties the necessary legislation to implement article 4 of the Convention has not been enacted, and that many States parties have not yet fulfilled all the requirements of article 4 (a) and (b) of the Convention,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1985
Paragraph
Implementation of article 4 1985, para. 3
- Paragraph text
- Noting with satisfaction that in a number of reports States parties have provided information on specific cases dealing with the implementation of article 4 of the Convention with regard to acts of racial discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1985
Paragraph
Implementation of article 4 1985, para. 3
- Paragraph text
- Further requests those States parties which have not yet done so to endeavour to provide in their periodic reports more information concerning decisions taken by the competent national tribunals and other State institutions regarding acts of racial discrimination and in particular those offences dealt with in article 4 (a) and (b).
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1985
Paragraph
Implementation of article 4 1985, para. 2
- Paragraph text
- Recalling and reaffirming its general recommendation I of 24 February 1972 and its decision 3 (VII) of 4 May 1973,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1985
Paragraph
Implementation of article 4 1985, para. 2
- Paragraph text
- Requests that those States parties which have not yet done so inform the Committee more fully in their periodic reports of the manner and extent to which the provisions of article 4 (a) and (b) are effectively implemented and quote the relevant parts of the texts in their reports;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1985
Paragraph
Implementation of article 4 1985, para. 1
- Paragraph text
- Having considered periodic reports of States parties for a period of 16 years, and in over 100 cases sixth, seventh and eighth periodic reports of States parties,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1985
Paragraph
Implementation of article 4 1985, para. 1
- Paragraph text
- Recommends that those States parties whose legislation does not satisfy the provisions of article 4 (a) and (b) of the Convention take the necessary steps with a view to satisfying the mandatory requirements of that article;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1985
Paragraph
Implementation of article 4
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1985
Document