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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
- Date added
- Aug 19, 2019
Paragraph
Discrimination against non-citizens 2004, para. 12
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Take resolute action to counter any tendency to target, stigmatize, stereotype or profile, on the basis of race, colour, descent, and national or ethnic origin, members of "non citizen" population groups, especially by politicians, officials, educators and the media, on the Internet and other electronic communications networks and in society at large;
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Combatting racist hate speech 2013, para. 26
- Paragraph text
- In addition to its inclusion in article 5, freedom of opinion and expression is recognized as a fundamental right in a broad range of international instruments, including the Universal Declaration of Human Rights, which affirm that everyone has the right to hold opinions and to seek, receive and impart information and ideas of all kinds through any media and regardless of frontiers. The right to freedom of expression is not unlimited but carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only if they are provided by law and are necessary for protection of the rights or reputations of others and for the protection of national security or of public order, or of public health or morals. Freedom of expression should not aim at the destruction of the rights and freedoms of others, including the right to equality and non-discrimination.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Establishment of national institutions to facilitate the implementation of the Convention 1993, para. 1
- Paragraph text
- Considers that an international tribunal with general jurisdiction should be established urgently to prosecute genocide, crimes against humanity, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds and other inhumane acts directed against any civilian population, and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 1993
- Date added
- Aug 19, 2019
Paragraph
Establishment of an international tribunal to prosecute crimes against humanity 1994, para. 1
- Paragraph text
- Considers that an international tribunal with general jurisdiction should be established urgently to prosecute genocide, crimes against humanity, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds and other inhumane acts directed against any civilian population, and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 1994
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Combatting racist hate speech 2013, para. 24
- Paragraph text
- Article 5 of the Convention enshrines the obligation of States parties to prohibit and eliminate racial discrimination and 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 civil, political, economic, social and cultural rights, including the rights to freedom of thought, conscience and religion, freedom of opinion and expression, and freedom of peaceful assembly and association.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Article 5 of the Convention 1996, para. 3
- Paragraph text
- Many of the rights and freedoms mentioned in article 5, such as the right to equal treatment before tribunals, are to be enjoyed by all persons living in a given State; others such as the right to participate in elections, to vote and to stand for election are the rights of citizens.
- 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
- 1996
- Date added
- Aug 19, 2019
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. 1
- Paragraph text
- Recalling the terms of 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 therein without distinction of any kind, including race, colour, sex, language, religion, social origin, birth or other status,
- 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
- 2002
- Date added
- Aug 19, 2019
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (p)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Secure for everyone the right of access on an equal and non-discriminatory basis to any place or service intended for use by the general public;
- 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
- 2002
- Date added
- Aug 19, 2019
Paragraph