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Activities of the Working Group 2014, para. 60i
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] People of African descent can seek protection and remedies effectively, through the competent national tribunals and other State institutions, against any acts of racial discrimination, and seek just and adequate reparation or satisfaction from such tribunals for any damage suffered as a result of racial discrimination;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2014
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 19
- Paragraph text
- The myth that persons with albinism naturally have a short lifespan is also prevalent. It appears to supply an explanation for the relatively high frequency of early deaths among persons with albinism. Such early deaths, which particularly correlate with the myth that persons with albinism disappear, also appear to be strongly linked to the prevalence of skin cancer and the high number of early to midlife fatalities recorded among them on account of this preventable disease. There is an urgent need to address this disease through the provision of both preventive and curative measures that are accessible and affordable or free, particularly in rural areas.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 46
- Paragraph text
- Witchcraft beliefs and practices as they relate to albinism have essentially capitalized on a myth-riddled situation, to the benefit of practitioners and willing believers. Further, the relative rarity of body parts of persons with albinism has been capitalized upon by the witchcraft beliefs which proffer that the body parts can attract equally rare minerals, such as gold or diamonds. The same argument with regard to rarity appears to have informed the market value of body parts, such that "the albino fetish has become the most expensive charm because it is perceived as harnessing spirits that are far more powerful than … a waganga [witchdoctor/traditional healer] could otherwise offer".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 13
- Paragraph text
- There are different types of albinism. The most common and visible type is oculocutaneous albinism (OCA), which affects the skin, the hair and the eyes. Within this type, there are subtypes, which reflect varying degrees of melanin pigment deficiency in an individual. The main subtypes of OCA are tyrosinase negative albinism (OCA1) and tyrosinase positive albinism (OCA2). In OCA1, there is little or no production of melanin and it is often characterized by white hair and opaque or transparent irises. In the more prevalent, particularly in African countries, OCA2, some melanin is produced and it is characterized by yellow-blonde or sandy-coloured hair and grey to light brown irises. A less common form of albinism is ocular albinism which affects the eyes alone, while albinism accompanied by Hermansky-Pudlak syndrome is another less common form, which is characterized by bleeding disorders, bowel (colitis) and lung diseases.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 69
- Paragraph text
- It is likely that similar laws, including those inherited from the colonial era, when examined in the light of the principles of human rights, including the rule of law and the right to a fair trial, would lead to outcomes similar to the ones prescribed by the Commission. They include repealing outdated legislation on witchcraft, while emphasizing the necessity of sanctioning persons who accuse others of witchcraft; making it generally known that harmful practices related to witchcraft would be prosecuted; and ensuring that mere belief in witchcraft is not criminalized. However, as witchcraft in general has yet to feature prominently on the radar of human rights mechanisms, the initiation of a system-wide approach, beginning with a scaled-up version of the exercise conducted in Papua New Guinea, including an exercise in definition, is timely.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 92
- Paragraph text
- That being said, given the extent of witchcraft practices and the diversity of victims of related harmful practices, including persons with albinism, a transversal approach is timely. This could be in the form of a guiding document that takes into account the several recommendations made to date, including by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Constitutional Law Reform Commission of Papua New Guinea and the preliminary conclusions of the Independent Expert.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 24
- Paragraph text
- In an environment where having albinism is regarded as a curse and where the myth that albinism can be contracted like a contagious disease is prevalent, crossing the road to avoid walking near or refusing to shake hands with persons with albinism is commonplace.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Year
- 2016
Paragraph
The right of persons with disabilities to social protection 2015, para. 55
- Paragraph text
- While the ultimate goal is to achieve a universal and systematic approach to social protection, in many middle- and low-income countries non-contributory
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 44
- Paragraph text
- It is now widely recognized that having a home language that differs from that used in schools has a negative impact on achievement, learning and integration into the wider community. Policy and pedagogic responses require host-language training combined with the preservation of mother tongue. This requirement was recognized in many questionnaire responses. The Special Rapporteur concurs with those who view diversity in language within a State as a national resource and invites States to promote such diversity and accord it full recognition.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2010
Paragraph
Equality of opportunity in education 2011, para. 42
- Paragraph text
- The need to “identify steps to strengthen and harmonize, where necessary, the legislative framework within which the right to education is guaranteed” was recognized at various stages of the EFA process. As a consequence, a large number of countries have also developed or modernized their national legislation. Such laws establish the right to basic education, and include provisions on non-discrimination and equality of opportunity in education. This further demonstrates the importance accorded to the equality of opportunity in education in national legal systems. Moreover, in some countries, the regulatory frameworks for private educational institutions have also been developed as part of national legal frameworks protecting equal opportunities in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2011
Paragraph
Financing education and update on education in emergencies 2011, para. 70
- Paragraph text
- Studies indicate a continued increase in the reported number of attacks on education in situations of conflict and widespread violence over the past three years. Such episodes include harming or killing students and school personnel, damaging or destroying education facilities and ultimately preventing thousands of students from attending school or university owing to closures. The Institute of International Education's Scholar Rescue Fund reports that applications from threatened scholars doubled during the period 2008-2011 as compared to the previous period. In certain situations, the use of schools by armed elements has compromised the civilian nature of schools and put students and teachers at risk.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Year
- 2011
Paragraph
Technical and Vocational Education and Training (TVET) 2012, para. 64
- Paragraph text
- Qualification systems for connecting skills development and lifelong learning are also very important. The need for flexible and open learning and qualifications systems for technical and vocational education and training is associated with the recognition that learning takes place in multiple settings that go far beyond formal technical and vocational education and training. There is also need to bridge the divide between formal and non-formal/informal technical and vocational skills development. In line with ILO Recommendation No. 195, this can be done by "national qualification frameworks (NQF) and recognition of prior learning (RPL), with mechanisms and opportunities for the recognition and validation of experiential learning as well as rewarding and motivating all workers in the context of lifelong learning".
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Year
- 2012
Paragraph
Access to land and the right to food 2010, para. 25
- Paragraph text
- The protection of land-users' rights should not be limited to improving farmers' security of tenure. Fisherfolk need access to fishing grounds and may be severely affected by the fencing-off of land that provides access to the sea or to rivers. Pastoralists need grazing grounds for the animals that they raise. For these groups, as well as those practicing itinerant forms of agriculture, the formalization of property rights and the establishment of land registries may be the problem, not the solution: it may cause them to be fenced off from the resources on which they depend, making them victims of the vast enclosure movement that may result from titling. In Kenya, pastoralists whose rights were ignored in the formalization process have reportedly been the victims of violent land-grabbing by ranchers and others seeking scarce resources. Since they have no legal claim to the land, they cannot seek redress. In the United Republic of Tanzania, five years after a major titling effort had begun, pastoralists reported their eviction from multiple common grazing areas and were under threat of losing other grazing lands because those lands had been classified as "unused".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Year
- 2010
Paragraph
Fisheries and the right to food 2012, para. 26
- Paragraph text
- The quality of working conditions in the fish-processing industry also raises concerns, although conditions have improved since developed countries imposed higher sanitation and hygiene standards. In a 2004 study, FAO showed that, for 9 of the 11 countries surveyed, fish workers were paid close to the minimum wage and often received much lower than the average per capita income for the country. In Chile, for example, the area home to most fish processing factories was also the area with the lowest per capita income levels. Moreover, high levels of seasonal and informal work exist in the processing sector, meaning that many workers are not employed on full-time contracts with basic labour benefits, such as sick pay, pension or maternity leave. In part owing to the many fish-processing firms in the sector, workers often fail to unionize and to enter into collective bargaining.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Water & Sanitation
- Year
- 2012
Paragraph
The transformative potential of the right to food 2014, para. 30
- Paragraph text
- Secondly, just as multiple food systems must be combined to improve resilience through enhanced diversity, different forms of farming can coexist, each fulfilling a different function. The example of Brazil suggests that family farms can be supported even in the vicinity of highly competitive, large-scale agricultural producers and that such coexistence can be viable, provided the government is aware of the different functions that different agricultural models serve to fulfil, and adopts a balanced approach towards them (A/HRC/13/33/Add.6, paras. 43 and 44). In many countries, however, this coexistence has failed, and the balance has shifted almost entirely in favour of the large-scale export-led agricultural sector. The lesson that emerges is that the transition to agrifood policies that support the realization of the right to food requires major political efforts to restructure support around agroecological, labour-intensive, poverty-reducing forms of agriculture.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Year
- 2014
Paragraph
Right to food and nutrition 2016, para. 81
- Paragraph text
- Global sales of breast milk substitutes total $44.8 billion and are expected to rise to $70.6 billion by 2019. The International Code of Marketing of Breast-milk Substitutes places restrictions on the sale of such substitutes, through prohibiting public advertising, provision of free samples or promotion in health-care facilities. It also requires all information on artificial feeding to explain the benefits of breastfeeding and the hazards associated with artificial feeding. Although some progress has been achieved, violations of the Code are widespread and only 39 countries have laws enacting all provisions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Year
- 2016
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 34
- Paragraph text
- The Brazilian Ministry of Labour maintains a record of people and corporations found to be using slave labour, which has been termed the "dirty list", established by ministerial decree of 2003. The database was used by public and private companies that applied commercial and financial sanctions. The list grew to include 52 employers of slave labourers in 2003 to 609 as of July 2014. However, in December 2014, the Supreme Court granted an injunction to an association of construction companies, suspending the "dirty list". To date, attorneys from the Federal Government have not been able to re-establish the database. Another challenge to the list was launched following the Labour Prosecutor's Office finding that Zara Brazil (part of global brand Inditex) had directive power over the supply chain and litigation has ensued which includes a challenge to the constitutionality of the "dirty list". Also in Brazil, the Sao Paulo State Law to Combat Slave Labour, also known as the Bezerra Law, seeks to regulate the disclosure of slave labour.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
Paragraph
Effects of pesticides on the right to food 2017, para. 12
- Paragraph text
- Of grave concern are the impacts of chronic exposure to hazardous pesticides. Pesticide exposure has been linked to cancer, Alzheimer’s and Parkinson’s diseases, hormone disruption, developmental disorders and sterility. They can also cause numerous neurological health effects such as memory loss, loss of coordination, reduced visual ability and reduced motor skills. Other possible effects include asthma, allergies and hypersensitivity. These symptoms are often very subtle and may not be recognized by the medical community as a clinical effect caused by pesticides. Furthermore, chronic effects of pesticides may not manifest for months or years after exposure, presenting a significant challenge for accountability and access to an effective remedy, including preventive interventions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2017
Paragraph
Protection of journalists and press freedom 2010, para. 88
- Paragraph text
- Given that in at least 4 of every 10 cases involving the murder of journalists, the victims receive threats before being killed, the Special Rapporteur urges all Governments to investigate such threats and ensure effective protection, for example through witness protection programmes. In this regard, the Special Rapporteur notes that detailed guidelines and recommendations have been set out in the report of the Special Rapporteur on extrajudicial, summary and arbitrary executions (see A/63/313), the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth (A/HRC/12/19 and A/HRC/15/33) and the analytical study on human rights and transitional justice (A/HRC/12/18).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2010
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 65
- Paragraph text
- In some economically developed States, Internet access has been recognized as a right. For example, the parliament of Estonia passed legislation in 2000 declaring Internet access a basic human right. The constitutional council of France effectively declared Internet access a fundamental right in 2009, and the constitutional court of Costa Rica reached a similar decision in 2010. Going a step further, Finland passed a decree in 2009 stating that every Internet connection needs to have a speed of at least one Megabit per second (broadband level). The Special Rapporteur also takes note that according to a survey by the British Broadcasting Corporation in March 2010, 79% of those interviewed in 26 countries believe that Internet access is a fundamental human right.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 30
- Paragraph text
- The Special Rapporteur is also concerned by the emerging trend of timed (or "just-in-time") blocking to prevent users from accessing or disseminating information at key political moments, such as elections, times of social unrest, or anniversaries of politically or historically significant events. During such times, websites of opposition parties, independent media, and social networking platforms such as Twitter and Facebook are blocked, as witnessed in the context of recent protests across the Middle East and North African region. In Egypt, users were disconnected entirely from Internet access.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
Paragraph
Protection of journalists and media freedom 2012, para. 110
- Paragraph text
- The Special Rapporteur recognizes efforts in countries, such as Colombia and Mexico, to create bodies to offer, inter alia, greater protection to journalists. The Special Rapporteur underlines the importance of the willingness and ability of such bodies to take on a broad range and high number of cases and issues under its competency; to work with autonomy; to have their own and sufficient resources and to have the capacity to coordinate between different authorities. Furthermore, the Special Rapporteur recommends that journalists and civil society organizations participate in the design, integration, functioning and evaluation of these bodies; that they have investigatory powers; that they have the competency to make recommendations to the Governments of their respective countries; that risk-assessment is prompt and efficient; that measures are implemented promptly; and that a contextual approach is adopted. Protection measures must be holistic, including a range of physical, legal, and political measures.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 61
- Paragraph text
- Most of the offline media have developed an online alternative, and given that the Internet has become an essential and economic medium for disseminating news to a global audience, leading to an emergence of "online journalists" - both professionals and so-called "citizen journalists" who are untrained, but who play an increasingly important role by documenting and disseminating news as they unfold on the ground. Such an expansion of individuals involved in spreading information has enriched the media landscape by increasing access to sources of information, stimulating informed analysis and promoting the expression of diverse opinions, particularly in moments of crises.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
Paragraph
The right to access information 2013, para. 107
- Paragraph text
- Government officials who release confidential information concerning violations of the law, wrongdoing by public bodies, grave cases of corruption, a serious threat to health, safety or the environment, or a violation of human rights or humanitarian law (i.e. whistle-blowers) should, if they act in good faith, be protected against legal, administrative or employment-related sanctions. Other individuals, including journalists, other media personnel and civil society representatives, who receive, possess or disseminate classified information because they believe that it is in the public interest, should not be subject to liability unless they place persons in an imminent situation of serious harm.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Health
- Humanitarian
- Year
- 2013
Paragraph
The protection of sources and whistle-blowers 2015, para. 17
- Paragraph text
- Confidential sources rely on others to invoke the right to confidentiality on their behalf. Historically, States have enabled a professional class of journalists to invoke the right, but the revolution in the media and in information over the past 20 years demands reconsideration of such limitations. Article 19, which protects freedom of expression through any media, requires that States take into account a contemporary environment that has expanded well beyond traditional print and broadcast media. The protection available to sources should be based on the function of collection and dissemination and not merely the specific profession of "journalist". The practice of journalism is carried out by "professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the Internet or elsewhere" (Human Rights Committee, general comment No. 34, para. 44).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 41
- Paragraph text
- The Special Rapporteur further concurs with the assessment of the ODIHR Panel of Experts that "the free flow of traffic should not automatically take precedence over freedom of peaceful assembly". In this regard, the Inter-American Commission on Human Rights has indicated that "the competent institutions of the State have a duty to design operating plans and procedures that will facilitate the exercise of the right of assembly ... [including] rerouting pedestrian and vehicular traffic in a certain area". Furthermore, the Special Rapporteur points to a decision of the Spanish Constitutional Court which stated that "in a democratic society, the urban space is not only an area for circulation, but also for participation".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 63
- Paragraph text
- The right to freedom of association obliges States to take positive measures to establish and maintain an enabling environment. It is crucial that individuals exercising this right are able to operate freely without fear that they may be subjected to any threats, acts of intimidation or violence, including summary or arbitrary executions, enforced or involuntary disappearances, arbitrary arrest or detention, torture or cruel, inhuman or degrading treatment or punishment, a media smear campaign, travel ban or arbitrary dismissal, notably for unionists. One or several of such violations is/are found in, e.g., Belarus, Colombia, the Democratic Republic of the Congo, Egypt, Israel, the Philippines, , Sri Lanka, Syrian Arab Republic and Zimbabwe.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] In relation to non-nationals, the Committee on the Elimination of Racial Discrimination recognizes that States may require non-citizens to have work permits in order to be eligible for job offers. However, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Year
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 101
- Paragraph text
- Similarly, the authorities may interfere with meetings or events convened by civil society organizations, including internal meetings held at private venues. In Rwanda, for example, the authorities reportedly prevented the Rwandan League for the Promotion and Defence of Human Rights from holding a general assembly. There is no evidence that private business entities, for example when holding shareholders' meetings, face similar restrictions, in Rwanda or elsewhere. Similarly, in Cambodia, attendees at the 2012 ASEAN Peoples' Forum in Phnom Penh reported being turned away from hotels en masse after State security agents pressured the owners; however, no similar problems were reported for the country's International Investment Conference in 2014, which the Prime Minister himself formally opened.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 102
- Paragraph text
- The Organization for Security and Cooperation in Europe-Venice Commission Guidelines on Freedom of Peaceful Assembly affirm that "assemblies are as legitimate uses of public space as commercial activity or the movement of vehicular and pedestrian traffic". This principle should be taken into account in weighing restrictions on assemblies. Yet, in the Special Rapporteur's experience, the authorities are more likely to restrict protests and demonstrations (expressive gatherings more often organized by associations) for reasons of the disruption of traffic and commercial activity and the protection of property, than commercial events that cause similar disruption. Concerns have been raised about the implementation of a crowd-control policy in the city of Oakland, United States, where law enforcement officials reportedly restrict night-time protests, purportedly to prevent violence and protect property from vandalism. By contrast, a parade to celebrate a sports team victory received considerably more accommodation from the Oakland authorities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
Paragraph