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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
- Means of adoption
- N.A.
- 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. 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
- Means of adoption
- N.A.
- 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. 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
- Means of adoption
- N.A.
- 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. 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. 15
- Paragraph text
- Attaching the highest importance to its ongoing work in combating all forms of descent based discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2002
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1993
Paragraph
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1972
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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
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
- Means of adoption
- N.A.
- 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. 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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Combatting racist hate speech 2013, para. 1
- Paragraph text
- At its eightieth session, the Committee on the Elimination of Racial Discrimination (the Committee) decided to hold a thematic discussion on racist hate speech during its eighty-first session. The discussion took place on 28 August 2012 and focused on understanding the causes and consequences of racist hate speech, and how the resources of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) may be mobilized to combat it. Participants in the discussion included, in addition to members of the Committee, representatives from permanent missions to the United Nations Office in Geneva, national human rights institutions, non-governmental organizations, academics and interested individuals.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Combatting racist hate speech 2013, para. 2
- Paragraph text
- Following the discussion, the Committee expressed its intention to work on drafting a general recommendation to provide guidance on the requirements of the Convention in the area of racist hate speech in order to assist States parties in discharging their obligations, including reporting obligations. The present general recommendation is of relevance to all stakeholders in the fight against racial discrimination, and seeks to contribute to the promotion of understanding, lasting peace and security among communities, peoples and States.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Follow-up to the Durban Review Conference 2009, para. 2e
- Paragraph text
- [Also recommends that:] The Office of the High Commissioner for Human Rights continue its efforts to increase awareness of and support for the work of the Committee on the Elimination of Racial Discrimination, including through webcasting of the meetings of the Committee, and to provide the Committee with adequate resources to enable it to discharge its mandate fully, as part of the overall endeavour to strengthen the work of the treaty bodies;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
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
- Means of adoption
- N.A.
- 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. 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (uu)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Take necessary measures in cooperation with civil society to educate the population as a whole in a spirit of non-discrimination and respect for the communities subject to descent-based discrimination;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2002
Paragraph
Follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance 2002, para. 1f
- Paragraph text
- [Recommends to States:] To take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2002
Paragraph
Follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance 2002, para. 1i
- Paragraph text
- [Recommends to States:] To consider setting up appropriate national monitoring and evaluation mechanisms to ensure that all appropriate steps are taken to follow-up the concluding observations and general recommendations of the Committee;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2002
Paragraph
Article 5 of the Convention 1996, para. 4
- Paragraph text
- The States parties are recommended to report about the non-discriminatory implementation of each of the rights and freedoms referred to in article 5 of the Convention one by one.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1996
Paragraph
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1985
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
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1991
Paragraph
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1991
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
Paragraph