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Protection of minority rights in conflict prevention 2010, para. 35
- Paragraph text
- Many States are engaged in ongoing efforts to accommodate the interests of diverse communities. Finding the optimal arrangement may be a dynamic process and may not be resolved at the first attempt. Some States have repeatedly adjusted the structure of their systems of federalism over many years in an effort to defuse conflict over power and resources. What is important is to ensure that the State provides channels to raise issues and to participate in decision-making; that it constantly reassesses the success of efforts to accommodate diversity; and that it is aware of the different options available.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 35
- Paragraph text
- The right to effective participation, the prohibition of discrimination and special measures are firmly rooted in international human rights law. The right of all persons to take part in the conduct of public affairs, directly or through freely chosen representatives, as well as to vote and be elected in genuine periodic elections is affirmed in article 25 of the International Covenant on Civil and Political Rights. This provision is an elaboration of article 21 of the Universal Declaration of Human Rights, which states: "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 36
- Paragraph text
- The United Nations Human Rights Committee has interpreted the conduct of public affairs broadly as the exercise of power in the legislative, executive and administrative branches. In the view of the Committee, the provision covers all aspects of public administration, including the formulation and implementation of policy at international, national, regional and local levels. Furthermore, citizens may participate in the conduct of public affairs directly or indirectly. Once a mode of participation is established, no distinction should be made between citizens as regards their participation on such grounds as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and no unreasonable restrictions should be imposed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 38
- Paragraph text
- Article 25 of the International Covenant on Civil and Political Rights places explicit emphasis on non-discrimination in the exercise of the rights contained therein, as they are to be enjoyed "without any of the distinctions mentioned in article 2 [of the Covenant]". Article 2 secures the respect for the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, political or other opinion, national or social origin, property, birth or other status. This basic principle of prohibition of discrimination is repeated elsewhere in the Covenant and articulated in a number of instruments.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 45
- Paragraph text
- The international legal framework has repeatedly recognized the need for special and concrete measures to protect certain groups with the purpose of guaranteeing them full and equal enjoyment of human rights and fundamental freedoms. The use of special measures is in fact a fundamental component of the realization of the right to non-discrimination. Special measures are not merely permissible under the Convention on the Elimination of All Forms of Racial Discrimination but also, in certain circumstances, a requirement. The Committee on the Elimination of Racial Discrimination has emphasized that "the adoption of special measures by States parties when the circumstances so warrant, such as in the case of persistent disparities, is an obligation".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 34
- Paragraph text
- In the Durban Declaration and Programme of Action (A/CONF.189/12 and Corr.1, chap. I), the outcome document of the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the participating States expressed their concern that socio-economic development was being hampered by widespread internal conflicts which were due, among other causes, to gross violations of human rights, including those arising from racism, racial discrimination, xenophobia and related intolerance, and from lack of democratic, inclusive and participatory governance. It urged States to recognize that techniques, mechanisms, policies and programmes for reconciling conflicts based on factors related to race, colour, descent, language, religion, or national or ethnic origin and for developing harmonious multiracial and multicultural societies needed to be systematically considered and developed (ibid., paras. 21 and 171).
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 11
- Paragraph text
- The Committee on the Elimination of Racial Discrimination in its general recommendation No. XVII on the establishment of national institutions to facilitate implementation of the Convention (see A/48/18, chap. VIII.B), recommends that States parties to the International Convention on the Elimination of All Forms of Racial Discrimination "establish national commissions or other appropriate bodies … to serve, inter alia … (a) to promote respect for the enjoyment of human rights without any discrimination; … (b) to review government policy towards protection against racial discrimination; (c) to monitor legislative compliance with the provisions of the Convention; (d) to educate the public about the obligations of States under the Convention; (e) to assist in the preparation of reports to the Committee on the Elimination of Racial 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 80
- Paragraph text
- Among other institutions of the Government of Austria, its Equal Treatment Commission is handling ethnic and religious discrimination cases, including those relating to employment and the workplace, and addressing such issues as access to employment, working conditions, harassment and freedom of religion. The Ombudsperson for Equal Treatment of Austria can intervene and negotiate with employers on discrimination cases and submit applications to the Commission. The Ombudsperson offers information on rights and equality, provides training and can impose penalties in cases of discrimination and harassment.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 27
- Paragraph text
- International human rights standards have been built on the foundation of non discrimination. The premise of the Universal Declaration of Human Rights is that everyone should enjoy their rights "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (art. 2). The insistence on non-discrimination and equal enjoyment of human rights serves as the uncompromising premise of all subsequent norms in all human rights treaties and declarations. Enjoyment without discrimination also serves as the whole rationale behind minority rights.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 55
- Paragraph text
- All of the above might be forced upon them on the grounds that it is "respectful" of the laws of their religion, but may do so without asking them what their religion or belief is, how they interpret it and which legal system they ascribe to. Most worryingly, it may do so without giving them any opportunity for a civil alternative, any option for exit from such legal provisions and, indeed, no opportunity for adopting or changing their religion or belief. The State should not only be mindful of these vast arenas of discrimination, which may indeed have a coercive impact on the freedom to hold religion or belief, but needs to ensure that it fulfils its due diligence obligations with respect to all such violations. This includes obligations with respect to violations that may result from the actions of non-State actors, and violations that may primarily occur in the private sphere.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 63
- Paragraph text
- Recognition and non-discriminatory registration may prove essential to the maintenance of religious identity. For example, teaching religion or belief requires the State to not criminalize or restrict the teaching or proselytizing of religion or belief and for any limitations to be strictly within the legal limitations outlined in article 18, paragraph 3 of the International Covenant on Civil and Political Rights. Charitable activities, for example, require sufficient recognition to allow the group to legally gather and hold such events. Respect for the appointment and election of leaders requires non-interference on the part of the State and some recognition of the appointment or election system in terms of recognition of the relevant leader(s) or spokesperson(s) as a representative of that community.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 91g
- Paragraph text
- [The Independent Expert provides the following broad recommendations to national Governments and the international community:] In multi-faith societies, efforts to build a climate of trust, understanding, acceptance and interfaith cooperation and exchange benefit the whole of society and are essential elements of good governance and measures to prevent grievances, tensions and conflict. The active engagement and leadership of religious, community and political actors is essential to such efforts and should be encouraged and supported, including through the establishment of formal and informal mechanisms for dialogue, exchanges of views and consideration of interfaith and intercommunity initiatives.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 74
- Paragraph text
- Civil society has a vital role to play in detecting the early signs of impending violence, alerting national and international bodies and taking local initiatives to counter it. Violence prevention efforts should not be left only to non-governmental organizations, however. Effective prevention benefits greatly from the full participation of diverse actors, including non-governmental organizations, human rights institutions, businesses, faith groups and community leaders, educational institutions and other stakeholders. Preparing the infrastructure for and promoting a culture of violence prevention necessarily involves many actors with different skills, powers and relationships.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 82
- Paragraph text
- If the Government manifestly demonstrates its refusal or inaction to stop the crimes, collective action should be urgently considered. Under the third pillar of the strategy for the implementation of the responsibility to protect, Member States have the responsibility "to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter of the United Nations, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity" (see A/66/874-S/2012/578, para. 2). Such collective action may include sanctions, embargoes and restrictions on cooperation. Ultimately, the use of force can be authorized by the Security Council. In situations in which there is an imminent or ongoing killing of civilian populations, measures must be established to enable appropriate and rapid intervention.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 23
- Paragraph text
- Studies are required to understand how hate speech transforms into acts of hate and violence. Hate speech is a factor in a process which seeks to scapegoat, demonize or, in extreme cases, dehumanize others considered outsiders or different, and to portray them as the cause of societal ills or as a threat. The power of hate speech to turn a nucleus of extremist hatred into a mass movement of violence is well documented and measures to counter its impact are essential. Several countries, including some that have experienced atrocities, such as Bosnia and Herzegovina, have adopted legislation to prosecute hate-motivated crimes and incitement to national, racial or religious hatred. Countries such as Canada and the United States of America have created hate crime units within the police force.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 24
- Paragraph text
- Article 20 of the International Covenant on Civil and Political Rights (see General Assembly resolution 2200 A (XXI), annex) states that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence represents an important step taken by the international community to assist States in implementing their obligations, and provides guidance on balancing freedom of expression, which is protected under article 19 of the Covenant, with article 20. As recommended in the Plan of Action, States should ensure intercultural dialogue and mechanisms and dialogues to foster intercultural and interreligious understanding and learning. States should also promote human rights education and sensitize law enforcement and security forces.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 52
- Paragraph text
- According to the framework, triggering factors include: upcoming elections; a change of Government outside of an electoral or constitutionally sanctioned process; instances in which the military is deployed internally to act against civilians; commencement of armed hostilities; natural disasters; and increases in opposition capacity, which may be perceived as a threat and prompt pre-emptive action. The Special Rapporteur considers that these valuable indicators can also be applied effectively in situations in which violence may not constitute genocide. Indicators and early warning mechanisms must be employed in practice and lead to alarms being triggered and concrete action taken.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 56
- Paragraph text
- In view of the potentially important role of the special procedures in identifying well-grounded facts and signs of potential violence and mass atrocity crimes, the Special Rapporteur on minority issues recommends consideration of strengthened channels of communication and information exchange between special procedures and the General Assembly and the Security Council. Improved use of such procedures as Arria-formula meetings to report findings urgently and directly should be considered. In addition, further consideration should be given to measures to enable urgent engagement with all relevant regional and United Nations bodies and the Human Rights Council outside annual reporting schedules.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 68
- Paragraph text
- The establishment of mechanisms and processes to raise and respond to alarms is essential to preventing and stopping violence. Ensuring appropriate community liaison promotes trust and establishes and maintains strong and efficient channels of communication between communities and law-enforcement bodies. Identifying the individuals, communities or locations, community leaders or high profile places of worship or congregations that are most at risk is an important step. Increasing a visible security presence in key locations, including places of worship or nearby identified at-risk communities, is a deterrent to violence. In remote locations where there is a low presence of authorities, it may be necessary to establish a security presence to protect local communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 87
- Paragraph text
- Accountability and tackling impunity for violent crimes are essential to ensuring justice and post-violence reconciliation. Transitional justice requires that the truth about the past be investigated and told, the provision of compensation for material and immaterial losses, the return to societal stability and the restoration of full respect for human rights. Perpetrators on all sides must be held accountable as a means of rebuilding societies damaged and fractured by violence and as a deterrent to further violence. Justice and accountability may be achieved in various ways, which can include truth, justice and reconciliation processes; commissions of inquiry; judicial processes; and incorporation of traditional forms of resolution and reconciliation. Such mechanisms have demonstrated an ability to begin a process of healing the wounds inflicted on communities and societies in such cases as Rwanda, South Africa and Northern Ireland.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 73
- Paragraph text
- Each witness should be free to choose a form of oath that he or she considers appropriate to his or her religion, or to make a secular affirmation.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 96
- Paragraph text
- States should ensure that individuals are not selected for identity checks, questioning, stops and searches, surveillance or other policing measures solely or primarily on the basis of their membership in a minority. Use by the police of their power to conduct identity checks or to stop and search individuals should be based on the requirement of individualized suspicion; and the use of broader preventive powers should be strictly circumscribed. Police should be required to record the reason for stopping, questioning or searching any person and to provide the person with a copy of the record.
- 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
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 71
- Paragraph text
- Some scholars consider the right to freedom of expression as absolute, suggesting that democratic societies should not permit the exclusion of any views, even if they are offensive or inflammatory. Such theories often fail to recognize the fundamental existence of structural inequalities in society, which make some more vulnerable, including to attack, whether verbal or physical. Many examples from different regions demonstrate the connection between hate speech and violence and that there are legitimate grounds to limit freedom of speech when it is motivated by or seeks to incite racial, religious or other forms of hatred.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph