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Reflections on the six-year tenure of the Special Rapporteur 2017, para. 71
- Paragraph text
- The Special Rapporteur recalls that the various forms of discrimination, violence and atrocities are different manifestations of similar mind sets and are often rooted in fear, ignorance, feelings of insecurity or, simply, envy of the other. She regrets the disconnect between the psychological, social and legal studies in this field, and urges the United Nations to pay increased attention to better understanding the actual psychosocial motives behind prejudice, racism, bigotry and hatred so they can be better addressed and prevented.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 76
- Paragraph text
- In Nepal, in the agricultural sector, Haliyas ("ones who plough") are labourers effectively caught in a debt bondage system. They plough the land, a task considered dirty. They are often forced to take out loans from landowners to cover personal expenses and are charged exorbitant rates of interest, making their debts extremely difficult to pay back and effectively trapping them in a never-ending cycle of submission. According to civil society reports, despite criminalization by the Government in 2010, the practice still persists and there is currently no legislation in place for the rehabilitation of Haliyas.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 50
- Paragraph text
- The Committee identified several factors that could indicate the existence of discrimination on the basis of caste and analogous systems of inherited status in affected communities, including "inability or restricted ability to alter inherited status; socially enforced restrictions on marriage outside the community; private and public segregation, including in housing and education, access to public spaces, places of worship and public sources of food and water; limitation of freedom to renounce inherited occupations or degrading or hazardous work; subjection to debt bondage; subjection to dehumanizing discourses referring to pollution or untouchability; and generalized lack of respect for their human dignity and equality". It also made specific recommendations, including in the areas of preventing hate speech in the media, administration of justice, political participation and the right to education.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 73
- Paragraph text
- This rigid and stratified allocation of work results in Dalits having not only limited job opportunities, but also lower wages, particularly in rural areas.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 28
- Paragraph text
- Technological or man-made disasters are events that are caused by humans and occur in or close to human settlements. This can include environmental degradation, pollution and accidents and can similarly cause calamitous disruptions to societies and communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 62
- Paragraph text
- According to a recent study, the ways in which police refuse to register caste-based atrocities include: (a) showing apathy; (b) discouraging victims and encouraging compromises between the victims and the accused; (c) delaying arrival; (d) threatening or inflicting violence on victims; (e) bringing false cases against victims at the behest of the accused to pressure them to accept a compromise; (f) accepting bribes from the accused to drop the victim's case; and (g) declaring the accused innocent without following due process.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 70
- Paragraph text
- Allocation of labour on the basis of caste is one of the core pillars of caste and caste like systems, with lower castes typically confined to "polluting", "filthy" or "impure" tasks and occupations. This labour division is characterized by its extreme rigidity and exclusion, preventing individuals from the lowest strata from changing occupations and largely hindering their labour mobility. Attempts to challenge the established order may result in social punishment, including physical and psychological aggression and community boycotts.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 57
- Paragraph text
- However, while external constraints on emergency responses, including security, access and cost, are certainly significant, they are barriers that should and could be overcome with targeted planning and design. Furthermore, while humanitarian actors need to be sensitive to risk factors during conflict, risk aversion cannot mean that humanitarian actors should prioritize the easiest-to-reach over the most vulnerable. To the contrary, a key consideration in any successful humanitarian intervention is the capacity to overcome, or at least adapt to, certain constraints to ensure non-discriminatory and equal access to humanitarian assistance for all.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 73
- Paragraph text
- Stateless persons are particularly vulnerable as they do not enjoy the right to nationality or any of the corresponding human and civil rights, and they may be targeted, or not adequately protected, by national authorities. In times of humanitarian crises, conflict or natural disasters, this lack of protection can be particularly acute. Statelessness can often be a root cause of forced displacement, particularly in times of crises. Forced displacement can in turn heighten the risks of becoming stateless, particularly as documents may be lost in flight.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 89
- Paragraph text
- Effective and adequate planning can be essential for communities living in regions that are prone to such events. However, minority and disempowered populations may be at a disadvantage in securing equitable policy decisions from elected and appointed official bodies through conventional processes because political power tends to be asymmetrical.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 46
- Paragraph text
- The Universal Declaration of Human Rights establishes that all human beings are born free and equal in dignity and rights. The principle of inherent dignity of all persons permeates the entire Declaration; the preamble refers to this principle, together with the equality of human rights, as the "foundation of freedom, justice and peace in the world".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 63
- Paragraph text
- Even if such crimes pass the first stage in the process, there are long pretrial periods and the acquittal rates for these crimes are extremely high. Lower castes are also disproportionately represented in pretrial detention, owing to indiscriminate arrests, slow investigations and prosecutions, weak legal aid systems and inadequate safeguards against lengthy detention periods.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 25
- Paragraph text
- A humanitarian crisis can be defined as the experience of a country, region or society of a total or considerable breakdown of authority resulting from internal or external conflict and which requires an international response that goes beyond the mandate or capacity of any single agency and/or the ongoing United Nations country programme.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities in the criminal justice system 2015, para. 44
- Paragraph text
- It has been suggested that harsher sentencing can result from bias introduced by interpretation, because of cultural differences unintentional expression of the interpreter's preconceptions, or negative perceptions of the accused's or the witness's credibility by the court or jury due to interpretation. Caution must be exercised when using a non-certified translator or interpreter, and all interrogation and other records should specify the identity and status of any such person. If translation is a minimum requirement in all cases, it is clear that it does not necessarily provide the fullest possible guarantee of fairness.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 14
- Paragraph text
- For minority victims of crime, standards on the right to effective remedy and reparation, and to participation and protection in the criminal justice process, are relevant.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 46
- Paragraph text
- The International Convention on the Elimination of All Forms of Discrimination obligates States to condemn "all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination" (art. 4). Furthermore, three situations constitute offences punishable by law: (a) all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (b) organizations, organized and all other propaganda activities which promote and incite discrimination-which must be declared illegal and prohibited-, and participation in such organizations or activities; (c) promotion or incitement of racial discrimination by public authorities or public institutions, national or local.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 49
- Paragraph text
- The African Charter on Human and Peoples' Rights does not contain provisions referring specifically to the prohibition of incitement to national, racial or religious hatred. However the Charter states that: "all peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another" (art. 19) and that "every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance" (art. 28). The American Convention on Human Rights states that: "any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law" (art. 13.5).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 53
- Paragraph text
- Discussion over what constitutes hate speech poses a recurring dilemma vis-à-vis the right to freedom of expression and its limits. It remains necessary to protect freedom of expression while at the same time guaranteeing the rights of others, public order and, in some cases, national security. Nevertheless, as stressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, far from being incompatible, the right to freedom of opinion and expression and the prohibition of incitement to hatred are "mutually supportive", as the public debate of ideas as well as interfaith and intercultural dialogue can prevent hate and intolerance.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 54
- Paragraph text
- In order to develop consistent and effective legislation and measures to prohibit and penalize incitement to hatred, hate speech should not be confused with other types of inflammatory, hateful or offensive speech. As experts have stated, the intended or actual effects of speech can be a useful indicator to distinguish incitement to hatred from other categories of hate speech: in the case of incitement to hatred, the speaker seeks to provoke reactions on the part of the audience, specifically to influence the audience to share the views expressed or implied in the speech and to respond against the victim groups with hostility, discrimination or violence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 75
- Paragraph text
- The format of the media environment has undergone a dramatic transformation to host Internet and online media platforms, allowing live interaction and more rapid outreach worldwide. In the digital age, media has also widened its scope to include social media, where people share and/or exchange information, ideas and initiatives across vast national and international networks and virtual communities. New forms of online media which allow those who advocate hate speech or cyberhate to easily access large audiences are subject to less regulation than traditional media and provide anonymity to those who wish to exploit it.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 34
- Paragraph text
- The present thematic study provides an overview of the role of media in relation to hate speech and incitement to hatred and violence. It refers to the role of international standards and processes with regard to the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and will address the major challenges to combating hate speech in the media. Different measures and good practices that can be implemented by States and civil society actors will be analysed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 37
- Paragraph text
- Even in the absence of such courts, States should ensure that the cultural background of the accused, the victims and the witnesses is appropriately recognized, respected and accommodated by the authorities throughout criminal proceedings.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 38
- Paragraph text
- Where States have religious courts, they must ensure the rights of those not belonging to the same religion, through exercise of their right to choose whether they wish to be tried by a religious or a secular court, and the availability of appeals in all cases.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 41
- Paragraph text
- Access to an interpreter is an essential fair trial guarantee for any person accused who does not understand the language in which the proceedings will be conducted. This right, however, is not always fully implemented or respected in practice.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 100
- Paragraph text
- Civil society organizations have formed networks to combat cyberhate, lobby for international legislation against discrimination on the Internet and exchange information and best practices. The International Network Against CyberHate (INACH) comprises 15 organizations from different countries with the purpose of uniting and empowering organizations to promote respect, responsibility and citizenship on the Internet through countering cyberhate and raising awareness about online discrimination.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 48
- Paragraph text
- The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence constitutes a comprehensive framework to assist States in implementing their obligations to combat incitement to hatred. It contains specific recommendations and guidance on balancing freedom of expression enshrined in article 19 of the International Covenant on Civil and Political Rights, with the prohibitions in article 20, through a six-part threshold test for forms of speech that are prohibited under criminal law. Among the key factors put forward in the Plan to prevent incitement to hatred are the collective responsibility of States, media and society, and the need to foster social consciousness, tolerance, mutual respect, and intercultural dialogue.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 58
- Paragraph text
- A six-part test has been developed by the NGO Article 19 to determine the appropriate threshold for assessing the types of expressions constituting "incitement to hatred": (1) context of the expression, including consideration of existing conflicts within society, existence and history of institutionalized discrimination, history of clashes and conflicts over resources, the legal framework and the media landscape. In relation to media, issues to be examined include censorship, existence of barriers to establishing media outlets, limits to the independence of the media or journalists, broad and unclear restrictions on the content to publish or broadcast and evidence of bias in the application of the restrictions, absence of criticism of government or wide-ranging policy debate in the media and access by the audience to a range of alternative and easily accessible views and speeches; (2) speaker, including consideration of his/her official position, level of authority or influence over the audience and whether the statement was made by a person in his/her official capacity. Politicians and public officials or persons of similar status should be given special consideration; (3) intent of the speaker to incite hatred, not mere recklessness or negligence; (4) content of the expression, including what was said, the targeted audience and the targeted potential victims, tone and form of the speech; (5) extent and magnitude of the expression, including the means of dissemination (press, audiovisual media, work of art, etc.); (6) likelihood of harm occurring, including its imminence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 84
- Paragraph text
- Non-discrimination and promotion of cultural diversity should be part of the professional training of all staff within the criminal justice system.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 56
- Paragraph text
- Lack of clear definitions of the content and elements of the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to hatred, in legal systems, may lead to misapplication of the law, including the use of anti-hate speech legislation to persecute and suppress critical or dissenting voices. For example, so-called "blasphemy laws" may result in the censure of inter- and intra-religious dialogue, debate and criticism; many of those laws are also applied in a discriminatory manner, as they offer different levels of protection to different religious beliefs. As highlighted by the Special Rapporteur on freedom of religion or belief, "the risk that legal provisions prohibiting hate speech are interpreted loosely and applied selectively by the authorities underlines the importance of having unambiguous language and of devising effective safeguards against abuses of the law".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 57
- Paragraph text
- A series of consultations involving OHCHR, civil society and academics were held to provide a clearer definition of the key terms contained in article 20, paragraph 2, of the International Covenant on Civil and Political Rights, one of which resulted in "The Camden Principles on Freedom of Expression and Equality". Principle 12 states as follows: (a) the terms "hatred" and "hostility" refer to intense and irrational emotions of opprobrium, enmity and detestation towards the target group; (b) "advocacy" must be understood as requiring an intention to promote hatred publicly towards the target group; (c) "incitement" refers to statements about national, racial or religious groups which create an imminent risk of discrimination, hostility or violence against persons belonging to those groups; (d) the promotion, by different communities, of a positive sense of group identity does not constitute hate speech.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
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