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Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 1g
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: The Platform for Action recognized that women face barriers to full equality and advancement because of such factors as their race, age, language, ethnicity, culture, religion or disability, because they are indigenous women or of other status. Many women encounter specific obstacles related to their family status, particularly as single parents, and their socio-economic status, including their living conditions in rural, isolated or impoverished areas. Additional barriers also exist for refugee women, other displaced women, including internally displaced women, as well as for immigrant women and migrant women, including women migrant workers. Many women are also particularly affected by environmental disasters, serious and infectious diseases and various forms of violence against women;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2001
Paragraph
The right to water (Art. 11 and 12) 2002, para. 16f
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Refugees, asylum-seekers, internally displaced persons and returnees have access to adequate water whether they stay in camps or in urban and rural areas. Refugees and asylum-seekers should be granted the right to water on the same conditions as granted to nationals;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 16g
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Prisoners and detainees are provided with sufficient and safe water for their daily individual requirements, taking note of the requirements of international humanitarian law and the United Nations Standard Minimum Rules for the Treatment of Prisoners;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2002
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 86
- Paragraph text
- Women and girls belonging to minority communities, rural and indigenous women, migrant women, refugee women and those seeking asylum, and poor women face discriminatory practices in the implementation of laws on nationality and citizenship. They face prejudicial attitudes as well as structural obstacles which limit access to formal registration of births, marriage, residence and other citizenship documents as well as to relevant information on their rights as citizens. Women who are de facto heads of households, including those who have been abandoned by their husbands, whose divorce is not legally registered, or whose husbands have been forcibly disappeared and do not have death certificates for their husbands , are denied recognition of their status in official documents. Without such access, women from these communities become disproportionately vulnerable in exercising their full and equal rights as citizens.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2013
Paragraph
Migration and the right to adequate housing 2010, para. 58
- Paragraph text
- In some cases, non-citizens are subject to double discrimination as both migrants and members of minority groups. During her missions, the Special Rapporteur has encountered numerous cases of migrants from minority groups who have been denied residency permits even though they have lived in the host country for decades or even generations. The lack of regularization obstructs their access to housing in private markets as well as housing assistance from local governments. The Special Rapporteur also received numerous complaints of forced eviction of migrants belonging to minority groups.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 44
- Paragraph text
- The housing sector in the global South has not been subject to extensive financing of homeownership. Only about 17 per cent of the population in Botswana, Kenya, Namibia and Zambia, for example, would be eligible for mortgage finance based on existing criteria. Low-income, informal and indigenous communities have nevertheless experienced, first-hand, the power of financial corporations to appropriate land and real estate and to generate vast disparities in wealth by treating housing and land as commodities. The displacement of Garifuna communities by model cities containing luxury developments for tourists and wealthy residents in Honduras is an example of the kinds of displacements of communities and forced evictions that are occurring in many countries (see A/HRC/33/42/Add.2, para. 56). Many local and national governments looking for capital investment have opted to sell land to major developers at the expense of indigenous and impoverished communities and those living in precarious housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 54
- Paragraph text
- A 2016 study by the Rainforest Foundation of 34 protected areas in five countries in the Congo Basin (Cameroon, Central African Republic, the Democratic Republic of the Congo, Gabon and the Republic of the Congo) found that indigenous communities have virtually no tenure security over their traditional lands in any of the five countries. The creation of at least 26 of the protected areas resulted in partial or complete relocation or displacement of local indigenous and farming communities present in the area prior to park establishment. In no case was any reparation for the displacements reported. Furthermore, of the 34 protected areas studied, 25 bordered with logging concessions, 19 overlapped with mining concessions and 9 overlapped with oil concessions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Protection of minority rights in conflict prevention 2010, para. 54
- Paragraph text
- Economic exclusion is a cause, a manifestation and a consequence of discrimination against persons belonging to minorities. Many minorities have historically been excluded from full and effective participation in economic life, both in the developed and in the developing world. Minorities are often discriminated against when they seek employment, for example, on the basis of their colour, their religion, their language, their names, or even their addresses. Minorities are often poorly represented even in public sector employment and despite legislation that bans discrimination in both public and private sectors. They may face barriers in accessing credit or loans to begin small businesses and may live in the poorest regions or remote areas that offer limited prospects for their economic development. Equally, large-scale economic development projects or commercial activities carried out on the lands and territories where minorities live without their prior consultation has had negative impacts, including displacement, the perpetuation of poverty and, in some cases, violence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 25
- Paragraph text
- Institutional attention to minority rights can assist in international cooperation and prevent international tensions relating to the treatment of minorities. The existence of minorities in a State may have cross-border implications, in cases where, for example, they have a "kin" State or external religious ties. Minorities have the right to maintain peaceful contacts across frontiers. Owing to historical or geopolitical factors, the treatment of minorities may be sensitive. The Office of the High Commissioner on National Minorities (HCNM) of the Organization for Security and Cooperation in Europe has produced recommendations on national minorities in inter-State relations. While protection of minorities is primarily the responsibility of the State of residence, States are encouraged to conclude bilateral treaties and arrangements, share information and concerns, pursue interests and ideas, and support minorities on the basis of friendly inter-State relations. States are recommended to use instruments, including advisory and consultative bodies such as minority councils or joint commissions, and establish mediation and arbitration mechanisms.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
Rights of linguistic minorities 2013, para. 19
- Paragraph text
- Historical factors such as colonialism have had a huge global impact on languages, resulting in the marginalization of indigenous and minority languages and a rapid decline in their use. The introduction of colonial languages in Africa, Asia and the Americas initiated the marginalization of native and minority languages. Colonial languages were promoted in education, administration, political life and communications. Minority and indigenous languages were often seen as backwards, a barrier to colonial hegemony, or as slowing national development. It can also be argued that today globalization is having a direct and detrimental impact on minority languages and linguistic diversity, as global communications and marketplaces require global understanding.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Rights of linguistic minorities 2013, para. 43
- Paragraph text
- Failure to recognize minority languages may stem from a broader lack of State recognition and acknowledgement of an ethnic or linguist minority group. This may be due to a number of factors, including historical, geographical and political factors and tensions over land and territory. Hence some minorities claim that a process of cultural assimilation may take place that constitutes a grave violation of their rights. In countries with federal structures, the imposition of local or regional languages as the official language of regional states has reportedly resulted in members of some linguistic communities being rendered functionally illiterate and excluded from participation in the public life of the regions in which they live, including on the basis of their lack of language proficiency.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Rights of linguistic minorities 2013, para. 25
- Paragraph text
- The minority rights principles of non-discrimination, equality, participation and consultation must be respected, including with respect to language, to ensure that the issues and views of minorities are taken into account and their needs are adequately addressed. Linguistic minorities must be consulted and have a full and meaningful role in decisions affecting them, including relating to the shaping of language policy and practice, nationally and in the regions in which they live, in such key areas as education and official and administrative communications. Their views, perspectives and concerns should be fully taken into account to ensure that language issues do not become sources of grievances or conflict.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Education
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Rights of linguistic minorities 2013, para. 66
- Paragraph text
- Proficiency in the State language is sometimes a requirement for access to citizenship and has proved problematic for some who lack such proficiency. While it is legitimate for States to impose some language requirements in order for minorities to fully integrate into society and have access to opportunities for employment, no undue restrictions should be imposed, for example for those who have been long-term residents of a country. Language proficiency should not be the primary criteria for or a barrier to acquisition of citizenship, particularly where official languages have changed. Adequate language-education opportunities should be made available, including for those who may face particular challenges due to such factors as age, income or the locality in which they live.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Rights of linguistic minorities 2013, para. 71
- Paragraph text
- Some persons belonging to minorities may face particular challenges in learning the national language, including the elderly and those who have not attended education in their country of residence, those with low incomes, the relatively newly arrived, and in some cases women. For them, the ability to engage administrative authorities and receive information and documents in their language can be essential to their ability to comply with administrative requirements and to benefit from administrative and social assistance to which they are entitled. Where larger and established minority language communities exist in a country, it is necessary to ensure to the fullest extent possible that public institutions in all relevant regions are equipped to handle interactions in minority languages if required.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2013
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 13
- Paragraph text
- In its commentary on the Declaration (see E/CN.4/Sub.2/AC.5/2005/2), the Working Group on Minorities stated that the protection of the existence of minorities included their physical existence, their continued existence on the territories on which they lived and their continued access to the material resources required to continue their existence on those territories, and that they should neither be physically excluded from the territory nor excluded from access to the resources required for their livelihood. The Working Group considered that the right to existence in its physical sense was sustained by the Convention on the Prevention and Punishment of the Crime of Genocide, and that forced population transfers intended to move persons belonging to minorities away from the territory on which they lived, or with that effect, would constitute serious breaches of contemporary international standards, including the Rome Statute of the International Criminal Court.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 65
- Paragraph text
- Economic exclusion is a cause, a manifestation and a consequence of discrimination against minorities. As was strongly emphasized at the World Conference against Racism in Durban in 2001, poverty can contribute to the persistence of racist attitudes and practices, which in turn generate more poverty, a situation coined as the "vicious cycle of poverty". Many minorities have historically been excluded from full and effective participation in economic life, both in the developed and developing world. Minorities face discrimination when they seek employment due to their colour, religion, language or names. Minorities are poorly represented even in public-sector employment, including where legislation bans discrimination in public and private sectors. They may face barriers in accessing credit or loans and may live in the poorest or remote regions that offer limited prospects for their economic development. Large-scale economic development projects or commercial activities carried out on the lands where minorities live frequently have negative impacts, including displacement, perpetuation of poverty and, in some cases, violence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Minorities in situations of humanitarian crises 2016, para. 60
- Paragraph text
- Minorities may also experience particular restrictions on their freedom of movement during conflict and humanitarian crises, including more frequent stops or because of their identity even being blocked at border and checkpoints when attempting to flee conflicts, as well as intimidation, discrimination or even violence against them when trying to flee. For example, it has been well documented that sub-Saharan African migrants and asylum seekers, seeking to transit through countries in North Africa en route to Europe have been particularly targeted on account of their race, and suffered violence. In some instances, minorities seeking asylum status may be arbitrarily detained and forcefully deported to their home countries without adequate assessment of their asylum claims and/or may encounter particular obstacles to be registered as asylum seekers based on their minority characteristics.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 77
- Paragraph text
- The Special Rapporteur is of the view that given the importance of realizing minority rights as an essential means to prevent tensions and conflict, investment in institutional attention to minority issues is needed more than ever. States should redouble their efforts to institutionalize expertise in minority rights before tensions arise, in order to identify potential problems and implement effective prevention measures. This is important not only for States with significant minority populations and where there is a history of ethnic or religious tensions or conflict, but for all States, owing to the present international migration dynamics whereby new minorities are called upon to coexist with other groups who have been established for a longer time on the territory.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 108
- Paragraph text
- Special procedure mandate holders have also begun to address caste-based discrimination in their communications to States and in thematic and country visit reports.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 96
- Paragraph text
- Although the resettlement of refugees to third countries from refugee camps makes up only a very small percentage of all durable solutions, there is also the worrying concern that certain ethnic or national minorities are routinely excluded from such programmes.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Prevention of trafficking in persons 2010, para. 26
- Paragraph text
- Thus, a brief analysis of some of the root causes of trafficking shows that there is a wide range of intertwined factors at play. One single factor such as poverty, gender discrimination or lack of employment opportunities per se does not necessarily lead to trafficking; rather, it is the combination of multiple factors that may place certain individuals at a higher risk of being trafficked. Thus, measures aimed at addressing the root causes of trafficking should be based on the recognition that trafficking is caused by a lack of comprehensive protection of such human rights, as freedom from discrimination, the right to work, the right to an adequate standard of living and freedom of movement. As an example, the United Nations Children's Fund (UNICEF) advocates for a comprehensive child protection system rather than measures that focus narrowly on trafficking. In its "system-building" approach, UNICEF promotes shifts towards building and strengthening social welfare, changing social behaviour and improving the legal and justice system for child protection in a holistic manner, based on the principles enshrined in the Convention on the Rights of the Child. This approach can be offered to other groups at high risk of being trafficked, such as women or ethnic minorities, so that prevention measures are designed to protect the human rights of potential victims of trafficking in a comprehensive manner rather than focusing on alleviating one factor. Consistent with this approach, the Special Rapporteur welcomes the recent adoption by the General Assembly of the United Nations Global Plan of Action against Trafficking in Persons (resolution 64/293) in which Member States affirmed their commitment to adopt and implement comprehensive policies and programmes at the national level to prevent trafficking in persons in line with relevant policies and programmes on migration, education, employment, gender equality, empowerment of women and crime prevention.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2010
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 25
- Paragraph text
- Article 12(1) of the International Covenant on Civil and Political Rights establishes the right to liberty of movement and freedom to choose one's residence. This provision includes protection against all forms of forced internal displacement. Persons whose rights or freedoms under the Covenant are violated shall have an effective remedy, as set out in article 2(3). In relation to forced evictions, the Committee on Economic and Social and Cultural Rights has affirmed that States must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions. The Guiding Principles on Internal Displacement emphasize that States are under a particular obligation to protect against the displacement of indigenous peoples and other groups with a special dependency on and attachment to their lands (principle 9). Due to the special relationship that indigenous peoples have with their land and the profound impact forced displacement has on their survival, human rights treaty bodies have consistently expressed concerns over the forcible displacement of indigenous peoples and urged States to provide reparation, with emphasis on the obligation to provide restitution of their original lands. Reparation measures should be provided in accordance with international standards and, where appropriate, should entail elements of restitution, compensation, rehabilitation, satisfaction and guarantees of non-recurrence.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
The right to water (Art. 11 and 12) 2002, para. 16e
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Nomadic and traveller communities have access to adequate water at traditional and designated halting sites;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2002
Paragraph
Women and girls with disabilities 2016, para. 5
- Paragraph text
- Women with disabilities are not a homogenous group. They include: indigenous women; refugee, migrant, asylum seeker and internally displaced women; women in detention (hospitals, residential institutions, juvenile or correctional facilities and prisons); women living in poverty; women from different ethnic, religious and racial backgrounds; women with multiple disabilities and high levels of support; women with albinism; and lesbian, bi-sexual, transgender women, and intersex persons. The diversity of women with disabilities also includes all types of impairments which is understood as physical, psychosocial, intellectual or sensory conditions which may or may not come with functional limitations. Disability is understood as the social effect of the interaction between individual impairment and the social and material environment, as described in article 1.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Access to justice and the right to food: the way forward 2015, para. 41
- Paragraph text
- Development-induced displacement is an increasingly widespread phenomenon with devastating impact. An estimated 15 million people each year are forced to relocate and resettle as a result of such interventions. Despite some of the more recent efforts to highlight land dispossession, as yet global institutions have been unable to discourage the practices and processes that undermine land rights, prevent equitable access and establish the context for large and small-scale displacements. The expanding mining sector has contributed to strong economic growth in some countries, with mining and oil concessions dramatically increasing in countries. The industry has however also generated social conflict in many States, particularly in rural areas, with mining activities coming into direct competition with small-scale agriculture. Indigenous peoples are particularly vulnerable as they are often forced to leave their land and sources of livelihood. A lack of engagement and opportunities for participation in decisions that affect their lives has left many communities in situations of dire poverty and without access to adequate food and nutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 55
- Paragraph text
- The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have developed important jurisprudence recognizing the obligation of the State to protect the special relationship between indigenous peoples and land in addressing violations in which, for example, members of indigenous communities have been "violently forced from their homes and traditional lands into a situation of ongoing displacement". In addition, in considering the plight of street-connected children, the Court has explained that the right to life requires States to take positive measures to ensure access to the conditions needed to lead a dignified life, recognizing that the right to life belongs "at the same time to the domain of civil and political rights as well as economic, social and cultural rights".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Rights of indigenous women and girls 2015, para. 15
- Paragraph text
- A strong link to the land, territory and natural resources is a characteristic that is commonly associated with indigenous peoples. Despite relevant provisions in international human rights law, indigenous peoples experience weak protection of their land and property rights, which exposes them to risks of displacement, expropriation and exploitation. Indigenous peoples inherent the right to the land that they traditionally occupy and use. They often do not hold formal titles to their land and their right to such land is one of the rights most violated. That allows Governments to impose destructive development projects or to lease and sell indigenous land without obtaining their free, prior and informed consent. Large-scale economic projects have been constructed on indigenous lands. Additionally, mass tourism has been encouraged in areas that are of significance to indigenous peoples. The implementation of those projects has repeatedly caused forced displacement and migration, ecological degradation and armed conflicts. Furthermore, the commodification of land that is inherent in such practices is an assault on indigenous cultures and the importance placed on land.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 42
- Paragraph text
- It is frequently some of the most marginalized and most vulnerable in societies, including national, ethnic or religious minorities, or indigenous peoples, who are at risk of displacement. Conflict or disaster may create a downwards spiral of vulnerability in which already marginalized populations face displacement which exacerbates their vulnerability and places them into highly perilous situations of insecurity and extreme poverty, usually driving them to informal settlements in urban areas in search of anonymity and livelihoods. Displacement may be combined with discriminatory attitudes or policies, including denial or deprivation of citizenship, and neglect of the primary responsibility for protection as required under international standards.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Progress and challenges relating to the human rights of IDPs 2016, para. 80
- Paragraph text
- The Special Rapporteur has been struck by the vulnerability of indigenous peoples to internal displacement, including during his official visit to the Philippines, following which he highlighted the impact of displacement or threatened displacement on them. Indigenous peoples are severely affected by displacement given their ties to ancestral lands and may have more challenges in adopting coping mechanism for survival when displaced. The protection of the rights of indigenous peoples displaced or threatened by displacement must be strengthened in law and practice. Legal provisions on land rights and the rights of indigenous peoples should be fully implemented and specific provisions on the rights of indigenous peoples should be included in laws on internally displaced persons where appropriate.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Progress and challenges relating to the human rights of IDPs 2016, para. 76
- Paragraph text
- In some situations, internal displacement disproportionately affects certain communities that, due to their characteristics, geographical location, poverty, discrimination or other unique circumstances, make them particularly vulnerable to internal displacement. Such groups may include indigenous peoples and ethnic, religious or other minorities, who are frequently numerically few relative to majority communities, among the poorest, and who may experience different forms of marginalization and commonly lack representation in political or other State bodies. In some cases they may face long-standing discrimination and violence targeted against them. Such population groups are often overrepresented in internally displaced person populations.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
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