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The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 85
- Paragraph text
- When they have easy access to institutions providing channels of complaint and remedy, including in their own languages, minorities are more likely to engage such bodies, and bring complaints of discrimination, which too often go unreported and unchallenged. Institutional attention to minority issues conveys a positive message to minorities, namely, that government recognizes their issues and concerns, and is committed to finding solutions to challenges involving minorities; and it also helps to instil confidence within communities. This may be particularly important in times of political and social upheaval, or administrative or regime change, or following conflict involving or impacting upon minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 86
- Paragraph text
- The full and effective participation of minorities is fundamental to the realization of minority rights and a key objective of national institutional attention to minorities. Effective attention can be achieved only with the participation of minorities, both as staff and as partners in the work of institutions addressing minority issues. It should always be remembered that minorities are members of society and should have their full say on issues involving all aspects of society, and not only on those issues of particular minority concern. In cases where they do not have that say, institutional attention to minority rights and minority issues is a means of enhancing their participation in all aspects of the economic, social and political life and development of their countries.
- 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
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 98
- Paragraph text
- The Special Rapporteur believes that similarly, United Nations staff in all offices and entities, particularly in the field, should better reflect the national, ethnic and religious make-up of the societies in which they operate. With established, strong networks of consultation with minorities and trust-building efforts between United Nations offices and minority communities, the Organization will be better equipped to fulfil its vital role in recognizing and responding to early warning signs of intercommunal tensions and be better prepared to prevent mass atrocity crimes and genocide, of which minorities are the most frequent targets.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Priorities for the work of the Independent Expert and the twentieth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 2012, para. 83
- Paragraph text
- Recalling that 2012 marks the 20th anniversary of the adoption of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the independent expert urges all stakeholders, including United Nations Member States, civil society and minorities themselves to undertake efforts and initiatives to increase awareness of the Declaration amongst all people within their respective States and regions, and to actively promote its implementation and the full enjoyment of all human rights by persons belonging to minority communities.
- 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
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of linguistic minorities 2013, para. 85
- Paragraph text
- The Independent Expert calls upon States Members of the United Nations to provide her with information relating to the national protection of linguistic minority rights and minority languages, including legislation, policy and practices. She particularly wishes to be informed of positive practices to protect and promote the rights of linguistic minorities. She encourages linguistic minorities and non-governmental organizations to provide her with information about their situations and challenges relating to minority-language use and their proposals for solutions to challenges.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 106
- Paragraph text
- Legislation must fully respect the right to freedom of speech and expression and avoid any arbitrary or abusive interpretation of anti-hate speech laws. States should establish proportionate thresholds for the assessment of forms of expression which may amount to incitement to hatred, including careful consideration, on a case-by-case basis, of the context, speaker, intent, content, extent or magnitude and likelihood or probability of harm occurring. Legislation prohibiting incitement to hatred should provide effective and adequate remedies to victims, including civil remedies for damages, and guarantee the right of correction and reply.
- 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 type
- Conclusion / Recommendation
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
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 93
- Paragraph text
- States should collect comprehensive and disaggregated data with regard to the involvement of persons belonging to national or ethnic, religious and linguistic minorities in all aspects of the criminal justice system. Anonymous statistics should be accessible for analysis by government, academic, civil society and regional and international organizations, for the purpose of enabling them to design measures for eliminating discrimination and increasing effective participation in the entire administration of justice. Data should be collected on the basis of individual self-identification and consent (wherever possible) and use should respect the need for personal data and privacy protection, including through anonymization and time limits on retention.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 97
- Paragraph text
- The Special Rapporteur is gravely concerned at the limited, or often complete lack, of a minority presence in political and public offices. She has repeatedly stressed throughout her tenure the need to ensure that minorities are included in all decision-making processes, including in municipal and government structures, law enforcement bodies, the judiciary, legislative bodies, criminal justice systems and all authorities, especially when their decisions affect minorities. Without their participation, such bodies are less able to take vital decisions for the benefit of the entire society and may be less trusted by minorities, who may be reluctant to access them, or discouraged from doing so. Moreover, good and inclusive governance, which includes minorities and measures to ensure equality, are key conflict-prevention prerequisites. Good governance includes legal, administrative and territorial arrangements that allow for peaceful and constructive group accommodation on the basis of equality in dignity and rights for all and that allows for the necessary pluralism to enable the persons belonging to the different groups to preserve and develop their identity.
- 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
- Ethnic minorities
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 93
- Paragraph text
- States should take measures to monitor hate speech and incitement to violence against Roma, including in the media and social media, and respond appropriately, including by prosecuting perpetrators. States should collect data on hate crimes against Roma. Such data should include the reporting, investigation, prosecution and sentencing of the crimes. The data should be made publicly accessible, while respecting the right to privacy, in order to assist the development of policies to combat hate crimes against Roma.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 88
- Paragraph text
- Effective participation in decision-making processes, particularly in those which have an impact on minorities, is a precondition for the full and equal enjoyment of the human rights of persons belonging to them. There are at least two key lessons to be drawn. The first is the truly essential nature of the right to effective participation: the fulfilment of so many other fundamental human rights is both dependent on and a prerequisite for its fulfilment. The second lesson is that the effectiveness of the political participation of minorities must constantly be evaluated and at all levels of society, in order to ensure that it is real and meaningful. A full set of recommendations can be found in document A/HRC/13/25.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of linguistic minorities 2013, para. 73
- Paragraph text
- The challenges experienced by linguistic minorities are diverse and differ significantly according to their specific circumstances and legal and policy conditions in their countries of residence. Some linguistic minorities are well integrated, able to use their languages in public and private freely and find an accommodation of their language rights and needs in administration, education and service provision. For others, lack of official recognition or language policy and programmes for linguistic minorities results in an environment in which there is little or no provision made for minority languages. In some countries linguistic minorities may live mainly in rural or remote regions where their community interactions are always in minority languages but their children’s education is only in the national or official State language.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Education
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 101
- Paragraph text
- Places of detention should be subject to unannounced visits by independent bodies which include adequate representation of minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 105
- Paragraph text
- Discrimination against minorities in jury selection procedures should be explicitly prohibited.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 87
- Paragraph text
- There are no one-size-fits-all solutions and the most appropriate approaches to minority protection depend on national circumstances, and the situations of minority groups, as well as cultural, geographical, historical, political and socioeconomic factors. Whatever approach is taken, the principles of recognition of minorities, and of consultation with and effective participation of minorities should be fully complied with.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 91d
- Paragraph text
- [The Independent Expert provides the following broad recommendations to national Governments and the international community:] States should undertake research and data-gathering exercises, including in the context of national census surveys, aimed at compiling detailed information on the demographic and socioeconomic situation of religious minorities in their country. Such data should be quantitative and qualitative in nature and include considerations of the situation of religious minorities relative to other members of society. It should have the objective of providing a comprehensive mapping of religious communities, their situations and the challenges affecting them, and it should be carried out in consultation with and the voluntary participation of minorities;
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 94
- Paragraph text
- The Special Rapporteur is concerned that minorities are often disproportionately affected by statelessness as a result of discriminatory nationality and citizenship legislation that may deny citizenship for some ethnic, linguistic, racial or religious groups or deprive them of citizenship. Today, at least 10 million people around the world are denied a nationality and, although there are no disaggregated data, estimates indicate that many, if not most, of them belong to minority communities. Therefore, she welcomes current United Nations efforts, including the I Belong campaign to end statelessness of the Office of the United Nations High Commissioner for Refugees, and urges Member States to pledge their full support and cooperation so statelessness can be ended and so that it will not be a further source of stigmatization and discrimination against minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 90
- Paragraph text
- Members of a minority are less likely to engage with, or participate as actors within, criminal justice institutions as long as the members of that minority face active discrimination within the system, whether as accused, victims or witnesses. This being the case, non-minority officials and representatives must also act on their own initiative to address discrimination in the administration of justice, and to transform negative feedback cycles of distrust into positive feedback cycles of progress.
- 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
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 107
- Paragraph text
- In collaboration with representatives of minorities, Governments should elaborate and adopt a national strategy designed to prevent discrimination against minorities within the criminal justice system and to increase the effective participation of minorities within the system.
- 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
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 106
- Paragraph text
- States should ascertain whether minorities are subjected to harsher penalties in sentencing or execution of sentence, identify any role that direct or indirect discrimination plays in this regard, and take measures to eliminate it.
- 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
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Priorities for the work of the Independent Expert and the twentieth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 2012, para. 82
- Paragraph text
- The independent expert looks forward to fulfilling the requirements of her Human Rights Council mandate and to constructive and fruitful cooperation with diverse stakeholders in all regions towards that end. She particularly notes her desire for a constructive engagement with United Nations Member States and encourages Member States to respond positively to her requests for information or for country visits, while emphasizing that her mandate remains available to provide assistance to States and respond to their requests, including in the area of technical cooperation, to the fullest extent possible. Equally, the independent expert reiterates the importance that she places on the role and views of non-governmental organizations and representatives of minority communities themselves, including in providing information to her and engaging and assisting her fully as she conducts her work on minority issues and with and on behalf of minority communities.
- 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
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 113
- Paragraph text
- National institutions responsible for oversight of police, as well as independent regulatory bodies for the judiciary, prosecutors and legal profession, should systematically assess and report on the situation of minorities within the criminal justice process, and take action when they observe discrimination.
- 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
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 89
- Paragraph text
- Globally, minorities face discrimination and lack of representation within the administration of criminal justice. Measures to eliminate discrimination and ensure equality before the law are more likely to be effective if undertaken with a minority rights-based approach, which includes ensuring effective participation of minorities in all aspects of the criminal justice process and administration of justice.
- 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
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 95
- Paragraph text
- Police, prosecutors and judicial authorities must ensure that criminal complaints from members of minorities are pursued with the same diligence that is applied to those of other complainants. Where necessary, special measures and accommodations in investigation and trial procedures should be adopted, in consultation with minority communities. All police should have protocols and training in respect of recording and investigating hate crimes.
- 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
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 103
- Paragraph text
- States should ensure free professional translation for minority accused who are not fluent in the language used in court, and should allow those persons to use the minority language. States should further consider recognizing the right of members of minorities with significant population or historical ties, whether nationally or locally, to have the proceedings conducted in their own language.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 105
- Paragraph text
- The Special Rapporteur urges States to adopt domestic legislation, in conformity with article 20 of the International Covenant on Civil and Political Rights, prohibiting any "advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence".
- 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
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 94
- Paragraph text
- States should ensure that members of minorities are proactively informed, in a language and through a means appropriate to their situation, of their rights as victims of crime, and on how to access support, including legal assistance and interpretation services. To this end, States should consider establishing liaison officers from, or with connections in, the relevant minority communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 109
- Paragraph text
- Data collection should be based on self-identification and take place in a sensitive manner, respecting privacy in accordance with international standards of data protection. Roma civil society, individuals and communities should be involved throughout the process, from designing data collection methods to collection and analysis of the data.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 117
- Paragraph text
- The Special Rapporteur welcomes the commendable work of civil society in conducting public-awareness campaigns to combat hate speech, including on the Internet. She encourages States to work collaboratively with and support those organizations and projects, including providing financial support.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 91e
- Paragraph text
- [The Independent Expert provides the following broad recommendations to national Governments and the international community:] Fundamental to the protection and promotion of the rights of religious minorities are meaningful consultation with, and the effective participation of, religious minorities in decisions that affect them. Positive measures to ensure consultation and participation at all levels of society are required. The inclusion of religious minorities in consultative and decision-making bodies helps to ensure that their views, issues and concerns are taken into account. Where religious minorities form the majority in a particular region or locality, cultural and/or political autonomy arrangements may be considered appropriate, with due consideration given to ensuring the rights of those who may form a minority in those localities;
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph