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A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 93
- Paragraph text
- The Special Rapporteur urges States to extend protection and assistance to victim-witnesses in cases of trafficking in person pretrial, during trials and post-trial. Experience has shown that victim-witnesses are most vulnerable post-trial, when they usually no longer benefit from witness protection programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 97
- Paragraph text
- The Special Rapporteur urges States to engage in proactive investigation, employing new technologies and methods that focus on gathering evidence to prove culpability for trafficking crimes without heavy or sole reliance on the testimony of victims. Trafficked persons should not be used as instruments for criminal investigations. In all cases, it is imperative that States integrate gender and aged-based perspectives into investigations and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 101
- Paragraph text
- The Special Rapporteur notes that political pressure to prosecute traffickers may lead to over-enforcement, shortcuts and unacceptable trade-offs. It is important that efforts by States to end impunity for traffickers should include appropriate safeguards in the criminal justice responses that protect victims, witnesses and suspects, and integrate gender and aged-based perspectives into investigations and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 102
- Paragraph text
- Lastly, the Special Rapporteur urges States to intensify efforts to strengthen the technical capacity of criminal justice administrators, in particular, that of judges, prosecutors and the police. A comprehensive curriculum on trafficking in persons, including online courses, should be mainstreamed in ongoing education training programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 83f
- Paragraph text
- [In relation to freedom of peaceful assembly, the Special Rapporteur calls upon States:] To guarantee that assembly organizers are never held responsible and liable for the unlawful behaviour of others.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2013
Paragraph
Access to land and the right to food 2010, para. 40b
- Paragraph text
- [In order to respect the right to food, States should:] Refrain from criminalizing legitimate social protest. Where insufficient progress has been made on the implementation of the commitments set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development, and where deep land inequalities remain, the non-violent occupation of land by landless movements should not be criminalized. Human rights defenders who protest evictions and defend or promote land rights should be protected;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 41b
- Paragraph text
- [In order to protect the right to food, States should:] Adopt tenancy laws, and effectively implement existing laws against the pressure to free land for private investors. The adoption of tenancy laws can protect tenants from eviction and from excessive levels of rent. Such laws can also allow a tenant's heirs to occupy the land if the tenant dies, and provide the tenant with the right to pre-emption if the landowner wishes to sell (ideally, at a below-market price); they can provide for the joint titling of husband and wife as tenants, in order to protect widows from the risk of eviction; and they can ensure that the tenant will be allowed to remain on the land if the property changes hands;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2010
Paragraph
Access to medicines in the context of the right-to-health framework 2013, para. 69
- Paragraph text
- The Special Rapporteur encourages States to ensure that central principles of non-discrimination, transparency, accountability, and multi-stakeholder participation, particularly of affected communities and vulnerable groups, are adequately reflected in the policies and activities under the national plan of action on medicines.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2013
Paragraph
Activities of the Working Group 2014, para. 51
- Paragraph text
- The Working Group regrets that, despite having gained independence, formerly colonized peoples are still living with the legacies of slavery and colonialism. The forced separation of Africans from their homeland has resulted in cultural and social alienation from their roots and identities. The cultural rupture caused by the transatlantic trade in Africans as well as by European colonization still has an impact on the discrimination faced by people of African descent in their search for justice.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 55
- Paragraph text
- The Working Group underscores that both judicial and law enforcement bodies, which should be primary forces in opposing and preventing racism, fail to uphold justice and equality, and instead mirror the prejudices of the society they serve. In some cases, even if the law is not discriminatory, people of African descent are denied the right to a fair trial, which puts them at an increased risk of harsh punishments, including the death penalty in some countries.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
Paragraph
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
Activities of the Working Group 2014, para. 60u
- 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:] Good practices of other countries and regions that have been able to address the negative heritage of slavery and to build inclusive, multicultural and multi-ethnic societies are shared and exchanged.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 62
- Paragraph text
- States should recognize the intersectional nature of discrimination on the basis of gender, religion, ethnicity and other forms, keeping in mind that perpetrators of multiple forms of discrimination are not always cognizant of the fact that they are racially discriminating.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 68
- Paragraph text
- People of African descent should enjoy all the guarantees of a fair trial and equality before the law, as enshrined in the relevant international human rights instruments and, specifically, the right to presumption of innocence, the right to assistance of counsel and to an interpreter, the right to an independent and impartial tribunal and guarantees of fair punishment and the enjoyment of all the rights to which prisoners are entitled under the relevant international norms.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 78
- Paragraph text
- Good practices of other countries and regions that have been able to address the negative heritage of enslavement and to build inclusive, multicultural and multi-ethnic societies shall be shared and exchanged.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 82g
- Paragraph text
- [States should also:] Support the study and recognition and promote greater knowledge of and respect for the history of people of African descent. All students and teachers around the world should be taught about African and African diaspora history, culture and contribution to progress, the impact throughout the time of the movement and settlement of diverse populations, as well as the nature and effects of colonialism and the slave trade, emphasizing people of African descent as survivors or resisters, while also recognizing them as victims of human rights violations under international human rights law;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 82o
- Paragraph text
- [States should also:] Guarantee a smooth transition from early childhood to primary and secondary educational facilities without discriminatory competitive placement systems (for example, common entrance examinations);
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 84g
- 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 that 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:] Put in place measures and procedures to prevent the media from perpetuating negative stereotypes.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 87
- Paragraph text
- People of African descent should therefore be consulted in the construction of new monuments and the development of memorial sites. Gender balance and diversity should be taken into consideration in the construction of new monuments and memorial sites.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 89d
- Paragraph text
- [In accordance with paragraph 92 of the Durban Programme of Action, States should also:] Adopt laws regulating the collection and processing of ethnic and racial data that protect fundamental freedoms, including the right to privacy, provide the necessary safeguards for protecting data from misuse, such as racial profiling and negative monitoring, and ensure confidentiality of information, in accordance with relevant regional and international standards, in particular the Guidelines for the Regulation of Computerized Personal Data Files concerning the legality, fairness, accuracy and relevance of data, purpose-specification, interested-party access, non-discrimination, security, oversight and penalties. The normative framework should be approved beforehand and lay down the following minimum conditions: the person must give explicit consent; the data collection must serve the public interest, namely, the fight against racial discrimination; and the framework must be legally binding;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
Paragraph
Activities of the Working Group 2014, para. 90h
- Paragraph text
- [States, through their government bodies, as well as national statistics institutes, human rights institutions and organizations for racial equality, in conformity with their mandates, should:] Carry out pre- and post-census awareness campaigns on the importance of gathering disaggregated data and disseminate results through the media. Published data should be accompanied by a careful analysis so that the information can serve as a useful tool in devising public policies for racial advancement.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2014
Paragraph
Activities of the Working Group 2015, para. 38
- Paragraph text
- The country visits undertaken by the Working Group show how structures established based on racial bias or discrimination continue to have a lasting and detrimental effect on people of African descent and Africans in the diaspora.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
Paragraph
Activities of the Working Group 2015, para. 44
- Paragraph text
- The Working Group recognizes that, without the essential contribution of civil society and non-governmental organizations, efforts to combat racism, racial discrimination, xenophobia, Afrophobia, Islamophobia and related intolerance remain invisible. The link between their work, States' work and the work of various United Nations mechanisms must be strengthened and made visible by equitable partnerships and developed jointly.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2015
Paragraph
Activities of the Working Group 2016, para. 41
- Paragraph text
- The Working Group country visits and allegations received under the communication procedure show how structures based on racial bias or discrimination, including, racial phenotypes, still have a lasting and detrimental effect on Africans and people of African descent in the diaspora. This legacy must be addressed in an open dialogue in order to understand and address the roots of racial tensions and discrimination in society. In certain societies, the invisibility of people of African descent on account of policy assimilation prevents different forms of intolerance from being addressed appropriately. The collection of disaggregated data along ethnic lines based on voluntary self-identification is an important starting point in the conversation of identifying the disparities between, and addressing the human rights of, people of African descent.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2016
Paragraph
Activities of the Working Group 2016, para. 45
- Paragraph text
- The Working Group recognizes that without the essential contribution of civil society, non-governmental organizations and academics, the fight against racism, racial discrimination, Afrophobia, xenophobia, Islamophobia and related intolerance will remain invisible. The link between their work, States and various United Nations mechanisms must be strengthened and made visible by joint equitable partnerships. There must be increased support for civil society engagement with States and the United Nations.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2016
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (bb)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Take special and concrete measures to guarantee to members of descent-based communities the right to participate in elections, to vote and stand for election on the basis of equal and universal suffrage, and to have due representation in Government and legislative bodies;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2002
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (ff)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Take resolute measures to secure rights of marriage for members of descent-based communities who wish to marry outside the community;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2002
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (h)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Educate the general public on the importance of affirmative action programmes to address the situation of victims of descent-based discrimination;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2002
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (j)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Conduct periodic surveys on the reality of descent-based discrimination and provide disaggregated information in their reports to the Committee on the geographical distribution and economic and social conditions of descent-based communities, including a gender perspective;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2002
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (u)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Take the necessary steps to secure equal access to the justice system for all members of descent-based communities, including by providing legal aid, facilitating of group claims and encouraging non-governmental organizations to defend community rights;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2002
Paragraph