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Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 29
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to the presumption of innocence] This right implies that the police authorities, the judicial authorities and other public authorities must be forbidden to express their opinions publicly concerning the guilt of the accused before the court reaches a decision, much less to cast suspicion in advance on the members of a specific racial or ethnic group. These authorities have an obligation to ensure that the mass media do not disseminate information which might stigmatize certain categories of persons, particularly those belonging to the groups referred to in the last paragraph of the preamble.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
- Paragraph type
- Conclusion / Recommendation
Paragraph
Racial discrimination against people of African descent 2011, para. 28
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Also ensure the protection of the security and integrity of people of African descent without any discrimination by adopting measures for preventing racially motivated acts of violence against them; ensure prompt action by the police, prosecutors and the judiciary for investigating and punishing such acts; and ensure that perpetrators, be they public officials or other persons, do not enjoy impunity.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 75a
- Paragraph text
- [In recognition of the contribution of the continent of Africa and people of African descent to the development, diversity and richness of world civilizations and cultures which constitute the common heritage of humankind, States should, in collaboration with relevant United Nations bodies and agencies, particularly the United Nations Educational, Scientific and Cultural Organization (UNESCO) and international donors:] Promote and protect the culture, identity and tangible and intangible heritage of the continent of Africa and people of African descent, and keep, maintain and foster their mode of life and forms of organization, languages and religious expressions;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 60r
- 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:] Measures are adopted to eliminate sociocultural ideologies inherited from the slavery period, which perpetuate racism and racial discrimination against people of African descent and their continued invisibility at all levels of society. Programmes should be established to preserve knowledge of the culture and history of people of African descent in museums and other forums for future generations, and efforts made to encourage and support the publication and distribution of books and other print materials, as well as the broadcasting of television and radio programmes, about their history and cultures. States and civil society should work with the media and communications companies to promote more positive and inclusive images and representations of people of African descent in order to increase their visibility within society and challenge negative stereotypes and resultant discrimination;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Activities of the Working Group 2014, para. 52
- Paragraph text
- The Working Group recognizes that it is possible to seek and achieve reparatory justice and compensation for victims of colonial injustices, as demonstrated by the Mau Mau case in Kenya.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Equality of opportunity in education 2011, para. 72h
- Paragraph text
- [The Special Rapporteur puts forward the following recommendations for the promotion of equal opportunities in education on the basis of a human rights framework:] Strengthen collaboration with academic institutions and civil society organizations: Fostering inclusive education implies active engagement of civil society. The intellectual community and the civil society play a central role in promoting better understanding of inequalities in education. The advocacy work of these stakeholders is vital to ensuring widespread attention to issues for ensuring equality of opportunity in education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Normative action for quality education 2012, para. 88c
- Paragraph text
- [Widespread concerns on quality in education call for strengthening national legal frameworks with a view to establishing and reinforcing standards for quality in education. To that end, the Special Rapporteur would like to make the following recommendations:] Implement quality assessments with a promotional spirit: • Quality assessments should be driven by a promotional spirit, with emphasis on creating equitable educational and learning opportunities for all, rather than further marginalizing poorly endowed schools in remote areas. Based on the findings of national-level assessments of students’ performance, States should support those regions and schools which perform poorly and are falling behind, in an endeavor to promote more equitable education systems. Affirmative action and positive measures should be stepped up to enable all those who are victims of social exclusion and poverty to enjoy their right to quality education;
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Justiciability of the right to education 2013, para. 82a
- Paragraph text
- [Bearing in mind the key importance of the justiciability of the right to education and its enforcement, and with a view to fostering protective as well as promotional role of adjudication mechanisms, the Special Rapporteur would like to offer the following recommendations:] States must fully assume their obligation to respect, protect and fulfil the right to education. Their first obligation in this regard is to give effect to the right in their domestic legal order, and ensure its effective enforcement in case of violation through national, regional and international judicial and quasi-judicial mechanisms. Individuals as beneficiaries of the right to education, as defined in national legislation and as contained in international law, must be able to have legal recourse against its violations.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Privatization and the right to education 2014, para. 98
- Paragraph text
- Education is a fundamental human right and a core obligation of States. The principal responsibility for the direct provision of education lies with Governments. However, there has been tremendous growth in private providers of education. Taking advantage of explosive demands on education and of insufficient public schools, privatization is making inroads in education at all levels. It often flourishes, with scant control by public authorities. This can have a crippling effect on the fundamental principle of equality of opportunity in education. Privatization often excludes marginalized groups, who are unable to pay, undermining the right of universal access to education. Some private providers inadequately respect the quality of education and undermine the status of teachers.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Assessment of the educational attainment of students 2014, para. 93
- Paragraph text
- Regarding the development of the capacity of the teaching profession for the holistic assessment of basic education, the Special Rapporteur recommends that: Recognizing that teachers play a key role in the implementation of the national curricula and in conducting assessments of the educational attainments of students, Governments should ensure that teachers are provided with the additional training and support to better understand and implement a human rights-based curriculum in an accessible fashion for their students. Novel modalities of teacher training in tandem with reforms in education should be devised to foster quality education and learning.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Assessment of the educational attainment of students 2014, para. 96
- Paragraph text
- In regard to the promotion of studies on national assessments, the Special Rapporteur recommends that: States continue to champion the cause of quality education in the formulation of the post-2015 development agenda. Enhancing educational attainments for the benefit of both the individual and society should be a central concern in any future agenda, with a reinforced commitment by the international community in appreciation of the pivotal role of the right to education for human development.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protecting education against commercialization 2015, para. 122
- Paragraph text
- Learning from the devastating impact of structural adjustments on education as an essential public service, and in the face of the prevalent market ideology and surging privatization in education, States must expand educational opportunities, recognizing the paramount importance of public investment in education as their essential obligation. Under no circumstances should a State provide financial support to private providers of education or allow private companies to operate multiple schools.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Access to land and the right to food 2010, para. 40d
- Paragraph text
- [In order to respect the right to food, States should:] Prioritize development models that do not lead to evictions, disruptive shifts in land rights and increased land concentration. States should carefully consider the development models that they follow, as the mainstream agro-export-led model has major detrimental impacts on the access to land of vulnerable groups, disproportionately favouring the largest producers and landowners. Land investments implying an important shift in land rights should represent the last and least desirable option, acceptable only if no other investment model can achieve a similar contribution to local development and improve the livelihoods within the local communities concerned.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Access to land and the right to food 2010, para. 40a
- Paragraph text
- [In order to respect the right to food, States should:] Ensure security of tenure. States should take measures to confer legal security of tenure upon those persons, households and communities currently lacking such protection, including all those who do not have formal titles to home and land. The adoption of anti-eviction laws imposing strict conditions for interference with the rights of land users should be seen as a priority. This should supplement any strengthening of the regulatory framework concerning expropriation, which itself should provide clear procedural safeguards for landowners while, at the same time, providing for the possibility of agrarian reform where land concentration is excessive;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 53a
- Paragraph text
- [National food security institutions should monitor and assess the contribution of the various business models explored in the present report to the realization of the right to food. These institutions could build on the work of the National Council on Food and Nutrition Security in Brazil or the specific work of the South African Human Rights Commission on food security issues. Governments should also set up forums in which the fairness of food chains could be discussed among producers, processors, retailers and consumers to ensure that farmers are paid fair prices for the food they produce. Such forums could examine:] How the farm gate price relates to the retail price and whether the wedge between the two remains within a reasonable margin;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Vision of the mandate 2014, para. 61
- Paragraph text
- The year 2014 is one of reflection for global food policymakers as they take stock of the progress made following the adoption of the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security a decade ago. The Guidelines have provided a concrete tool with which to evaluate whether the principles set forth in human rights instruments and hortatory principles are having a practical impact on people's lives, especially the most vulnerable. The Special Rapporteur intends to work closely with FAO, the Committee on World Food Security and other relevant stakeholders to evaluate progress made to date, by taking into consideration examples of good practice as a means of promoting the Guidelines.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of climate change on the right to food 2015, para. 82
- Paragraph text
- Climate change poses unique and distinct threats to all aspects of food security, including availability, accessibility, adequacy and sustainability. Moreover, these threats are poised to affect a huge number of people, with 600 million additional people potentially vulnerable to malnutrition by 2080. Manifestations of climate change, such as an increase in the frequency and intensity of extreme weather, global warming, a rise in sea levels and a decrease in the availability of water, have significant impacts on food security. As a result, crop failures and adverse impacts on livestock, fisheries and aquaculture will have an overall negative effect on people's livelihoods, with climate-induced food price volatility, nutritional deficiencies and diminishing quality of land and soil suitable for agricultural production a daunting reality. The consequences of failing to enact appropriate policies will pose a threat to global peace and security. As we are all living ever more interconnected lives, climate change should not be considered as affecting only those living in remote places.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Right to food and nutrition 2016, para. 94
- Paragraph text
- The United Nations Decade of Action on Nutrition, proclaimed in April 2016, could be an effective vehicle to strengthen implementation of existing nutrition commitments. However, the United Nations and the international community need to address existing flaws within the global governance system, especially the weakness of implementation and accountability. The General Assembly has called upon the World Health Organization and the Food and Agriculture Organization of the United Nations to lead the implementation of the Decade, recommending that multi-stakeholder platforms such as the Committee on World Food Security and the Standing Committee on Nutrition be entrusted with coordinating oversight. Recognizing legitimate concerns about the influence of private interests on nutrition policymaking, a participatory process is particularly important. This makes it imperative to protect open spaces to ensure that policy formulation is consistent with the public good, which may require the empowerment of civil society.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Right to food and nutrition 2016, para. 99a
- Paragraph text
- [With a view to respecting, protecting and fulfilling the right to adequate food and nutrition, the Special Rapporteur recommends that:] Member States embrace the United Nations Decade of Action on Nutrition as an opportunity to achieve ambitious nutrition targets and ensuring the right of every individual to adequate food and nutrition, especially the people who most need it. To this end, United Nations agencies and programmes should establish coordinated, effective monitoring and accountability mechanisms to implement the multitude of existing nutrition targets in ways that are coherent, harmonized, mutually reinforcing and overcoming gaps, together with clear timelines, funding and indicators to assess progress;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Right to food and nutrition 2016, para. 99f
- Paragraph text
- [With a view to respecting, protecting and fulfilling the right to adequate food and nutrition, the Special Rapporteur recommends that:] International trade and investment agreements be re-evaluated to ensure that they do not undermine health and nutrition policies. For example, food taxes, tariffs and other market restrictions or incentives that justifiably form part of national nutrition policies should be exempt from World Trade Organization rules and should not lead to penalties for violating trade agreements;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 78
- Paragraph text
- While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights.
- 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
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 81
- Paragraph text
- When a cyber-attack can be attributed to the State, it clearly constitutes, inter alia, a violation of its obligation to respect the right to freedom of opinion and expression. Although determining the origin of cyber-attacks and the identity of the perpetrator is often technically difficult, it should be noted that States have an obligation to protect individuals against interference by third parties that undermines the enjoyment of the right to freedom of opinion and expression. This positive obligation to protect entails that States must take appropriate and effective measures to investigate actions taken by third parties, hold the persons responsible to account, and adopt measures to prevent such recurrence in the future.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 83
- Paragraph text
- The Special Rapporteur underscores the obligation of States to adopt effective privacy and data protection laws in accordance with article 17 of the International Covenant on Civil and Political Rights and the Human Rights Committee's general comment No. 16. This includes laws that clearly guarantee the right of all individuals to ascertain in an intelligible form whether, and if so what, personal data is stored in automatic data files, and for what purposes, and which public authorities or private individuals or bodies control or may control their files.
- 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
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 84
- Paragraph text
- He also calls upon States to ensure that individuals can express themselves anonymously online and to refrain from adopting real-name registration systems. Under certain exceptional situations where States may limit the right to privacy for the purposes of administration of criminal justice or prevention of crime, the Special Rapporteur underscores that such measures must be in compliance with the international human rights framework, with adequate safeguards against abuse. This includes ensuring that any measure to limit the right to privacy is taken on the basis of a specific decision by a State authority expressly empowered by law to do so, and must respect the principles of necessity and proportionality.
- 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
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 85
- Paragraph text
- Given that the Internet has become an indispensable tool for realizing a range of human rights, combating inequality, and accelerating development and human progress, ensuring universal access to the Internet should be a priority for all States. Each State should thus develop a concrete and effective policy, in consultation with individuals from all sections of society, including the private sector and relevant Government ministries, to make the Internet widely available, accessible and affordable to all segments of population.
- 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
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to access information 2013, para. 103
- Paragraph text
- States should, in particular, consider the appointment of a focal point, such as an information commissioner, to assist in the implementation of national norms on access to information or the creation of a State institution responsible for access to information. Such mechanisms could be mandated to process requests for information, assist applicants, ensure the proactive dissemination of information by public bodies, monitor compliance with the law and present recommendations to ensure adherence to the right to access information.
- 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
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to access information 2013, para. 104
- Paragraph text
- The adoption of national norms should be followed by concerted efforts to enhance the technical capacity of State institutions to manage and disseminate information. Moreover, public officials must be trained and have their awareness raised in order to fulfil their responsibilities regarding the adequate maintenance of records and dissemination of information. Further efforts are also necessary to raise public awareness of the right to access information and the existing mechanisms to exercise it.
- 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
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to access information 2013, para. 106
- Paragraph text
- Information regarding gross violations of human rights must not be withheld on national security grounds. When limitations are deemed absolutely necessary, the State has the burden of proof in demonstrating that the exceptions are compatible with international human rights law. Information regarding other violations of human rights must be subject to a high presumption of disclosure and, in any event, may not be withheld on national security grounds in a manner that would prevent accountability, or deprive a victim of access to an effective remedy. The Tshwane Principles are an important instrument for guiding efforts to revise norms and practices aimed at promoting secrecy on national security grounds.
- 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
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 82
- Paragraph text
- Individuals should have a legal right to be notified that they have been subjected to communications surveillance or that their communications data has been accessed by the State. Recognizing that advance or concurrent notification might jeopardize the effectiveness of the surveillance, individuals should nevertheless be notified once surveillance has been completed and have the possibility to seek redress in respect of the use of communications surveillance measures in their aftermath.
- 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
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 57
- Paragraph text
- States should revise or establish, as appropriate, national laws and regulations to promote and protect the rights to privacy and freedom of opinion and expression. With respect to encryption and anonymity, States should adopt policies of non-restriction or comprehensive protection, only adopt restrictions on a case-specific basis and that meet the requirements of legality, necessity, proportionality and legitimacy in objective, require court orders for any specific limitation, and promote security and privacy online through public education.
- 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
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph