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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. (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
Combatting racist hate speech 2013, para. 3
- Paragraph text
- In drafting the recommendation, the Committee has taken account of its extensive practice in combating racist hate speech, concern about which has engaged the full span of procedures under the Convention. The Committee has also underlined the role of racist hate speech in processes leading to mass violations of human rights and genocide, and in conflict situations. Key general recommendations of the Committee that address hate speech include general recommendations No. 7 (1985) relating to the implementation of article 4; No. 15 (1993) on article 4, which stressed the compatibility between article 4 and the right to freedom of expression; No. 25 (2000) on gender-related dimensions of racial discrimination; No. 27 (2000) on discrimination against Roma; No. 29 (2002) on descent; No. 30 (2004) on discrimination against non-citizens; No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system; and No. 34 (2011) on racial discrimination against people of African descent. Many general recommendations adopted by the Committee relate directly or indirectly to hate speech issues, bearing in mind that effectively combating racist hate speech involves the mobilization of the full normative and procedural resources of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph
Embrace diversity and energize humanity 2017, para. 10
- Paragraph text
- Fourth, precisely because so many issues under the mandate reach out to an array of sectors and professions, it is essential to broaden the discourse and vistas for cooperation. For example, change in the medical and scientific sector is pivotal in helping to prevent violence and discrimination relating to health concerns. Where the situation was once pathologized, giving rise to potential or actual abuse and stigma, there is now momentum towards depathologizing and destigmatizing in relation to sexual orientation and gender identity, with due regard to ensuring access to comprehensive and quality health care for all. If the issue is interrelated with employment, there is now a call to interlink increasingly with the business sector. Where there are issues of faith and religion, it is important to reach out to spiritual leaders and actors and seek interfaith cooperation to complement international standards. Where there is a quest to shun hate speech and incitement to violence, a key catalyst is the ever-growing presence of social media and its responsiveness to human rights.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66c
- Paragraph text
- States are encouraged to ratify the core international human rights treaties (if they have not yet done so) and to implement them fully, including in regard to respect for sexual orientation and gender identity, in cooperation with partners. This requires a range of human rights-sensitive measures, such as laws, policies, programmes, practices, case enforcement, mechanisms and personnel, resources (material and non-material), information and monitoring, education and capacity-building, accountability and remedies, and a participatory process and broad mobilization and networking open to civil society, with space for dialogue and reforms.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 14
- Paragraph text
- The right to be free from discrimination is enshrined in article 2 of the Universal Declaration of Human Rights and all human rights treaties. Issues relating to sexual orientation and gender identity have been dealt with by the monitoring bodies under the human rights treaties in their relationship with States, and a number of those bodies, including those created under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of Persons with Disabilities, have adopted general comments that refer expressly to sexual orientation and gender identity. The mandate of the Independent Expert is founded on this bedrock of international human rights law.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 49
- Paragraph text
- The role of civil society and non-governmental organizations and of concerned communities and individuals is critical for action against violence and discrimination. Their dedicated efforts and inputs were instrumental in helping to set up this mandate, and there is a wealth of information emanating from their work which inspires the work of the Independent Expert. They are part and parcel of much-needed cooperation at both the national and international levels and act as human rights defenders in the most sensitive situations. Assistance and protection for their work are at the heart of this mandate, which is impelled by the quest for an all-inclusive approach that is respectful of public participation in countering violence and discrimination on the basis of sexual orientation and gender identity, worldwide. Indeed, this is living democracy in regard to sexual and gender diversity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59d
- Paragraph text
- States should explore more cooperation with independent national human rights institutions, such as national human rights commissions and ombudspersons, to interlink between international norms and national settings. Those institutions should be supported as part of the checks and balances to prevent and overcome abuses of power and human rights violations, as well to access justice and remedies. They should be paralleled by regional systems and initiatives to help to advance protection against violence and discrimination based on sexual orientation and gender identity;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 9
- Paragraph text
- Third, the mandate recognizes that the issue of sexual orientation and gender identity interplays with a variety of pillars of power at the national and international levels. For instance, there may be a healthy range of opinions at the national level in many countries, with the judiciary or parliamentary pillar being more progressive than the executive branch or vice versa, offering the possibility of reform in regard to those national measures that are not in conformity with international standards. The diversity of pillars will be further illustrated below (see table, sect. VI). There is also a call for more space for a strong civil society, national human rights institutions and human rights defenders. In fact, the need for effective checks and balances to prevent abuse of power and to ensure compliance with international human rights law invites a diversity of processes and mechanisms respectful of international law.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 38
- Paragraph text
- Constructive dialogue is an imperative for the mandate, and the Independent Expert has endeavoured to initiate this from the very first days of his work. He recognizes that it is essential to build bridges — not only to those who already have plenty of awareness, understanding and knowledge but also to those who have less. In the quest for amicable discourse, there is the understanding that there can be no justification for crimes, such as killings, rapes and torture, nor for discrimination. The opportunity for dialogue, consultation and cooperation was exemplified by the public consultation held in Geneva in January 2017. The consultation was open to States, United Nations agencies and other interested stakeholders. This consultation was planned to help the Independent Expert to identify priority work areas in carrying out his mandate and to develop effective strategies to accomplish them. Major issues discussed included the situation of violence and discrimination based on sexual orientation and gender identity and the various underpinnings referred to above and below. At the end of the consultation, the Independent Expert summarized key inputs from the various participants who advised him on his role and work in fulfilling the mandate as follows: • Analytical: The work of the mandate holder is based on independent and objective analysis of the situation drawn from a variety of information sources. • Pedagogical: The work has an educational role in raising awareness among the public and educating the public about the situation. • Intersectoral: The work invites the Independent Expert to cross-link with a variety of actors and stakeholders — governmental, non-governmental and intergovernmental. • Focal/vocal: The work is a focal point for those affected by transgressions, and it also helps them to vocalize their concerns, not simply as victims but also as survivors and experts on the subject. • Empirical: The work is an opportunity for encouraging and generating information and data, possibly disaggregated, to support a balanced evidence-based approach to address the issue.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 5
- Paragraph text
- Through the methodology outlined above, the Independent Expert wishes to give voice to the many national actors who are instrumental in prompting the review and repeal of laws that discriminate against people on the basis of their sexual orientation or gender identity and expression and who contribute to the adoption of non-discrimination provisions. He also wishes to highlight dynamics at the national level and the role of various pillars of the States which can activate the reform process. The report is not intended to provide a comprehensive and geographically inclusive overview of the two underpinnings.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 23
- Paragraph text
- Since the first report submitted by the Independent Expert, he has attended a range of conferences and consultations and participated in related activities. For example, he participated in a conference in New York in early 2017 on the role of the business sector in the integration of sexual orientation and gender identity into their policy and practices, as monitored by a gender equality index and as recognized through a number of awards for exemplary performance. Indicators for measuring performance include the need for specific corporate policy reflecting sexual orientation and gender identity at the administrative level as well as in the entire work place, with training for mutual respect and provision of remedies in the case of discrimination. The Independent Expert highlighted the importance of incentivization in the work place, side by side with accountability, as well as integration of the message of non-discrimination throughout the supply chain and interaction with small-scale industries, which are often closest to the general population, particularly in developing countries. When the workplace personifies an environment of non-discrimination and both management and workers feel a sense of inclusion and belonging, there is a key dividend in both economic and social terms, adding to the positive value chain in the global-local dynamic.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 17
- Paragraph text
- The entry point for the mandate holder is action against violence and discrimination. This is based on existing international human rights law and its interrelationship with sexual orientation and gender identity; there is no advocacy of new rights for particular groups.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 45b
- Original document
- Paragraph text
- [The Committee on Economic, Social and Cultural Rights has identified some indicators of whether a State has satisfied a standard of reasonableness, including:] Whether resource allocation is in accordance with international human rights standards;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2017
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.5
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] Communities and settlements, not just houses, should be rebuilt or resettled: Community structures and networks, to the extent that they respect international human rights standards including on gender equality, should be deliberately preserved and supported.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Year
- 2011
Paragraph
The World Bank and human rights 2015, para. 23
- Paragraph text
- There are, however, some Bank studies which enter into detail on the issue of human rights, such as those in its annual flagship publication, the World Development Report dealing with issues such as equity, gender equality, conflict resolution, HIV/AIDS and disability. In 2006 the World Development Report urged that equity should be a central concern in the design and implementation of development policy. It noted that the "international human rights regime testifies to the shared belief that all should have equal rights and be spared extreme deprivation," and acknowledged various other links between human rights and equity. In 2011, the World Development Report focused on conflict, security and development. The message of the report was that strengthening legitimate institutions and governance to provide security, justice and jobs for citizens is crucial to breaking cycles of violence in fragile countries. Building confidence is a major challenge and one that requires the protection of human rights. Detailed suggestions are explored for achieving that goal.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Year
- 2015
Paragraph
Unpaid care work and women's human rights 2013, para. 9
- Paragraph text
- The difficulties, intensity and gendered distribution of unpaid care work create and perpetuate unequal rights enjoyment and gender inequality, and cause human rights violations. States therefore have concrete obligations in this regard. Various international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities establish legally binding obligations that ought to compel States to address the issue of unpaid care.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph
Unpaid care work and women's human rights 2013, para. 74
- Paragraph text
- A wide range of laws and legislation are relevant to addressing unpaid care work. These include employment law, anti-discrimination law, family law, and legislation focused specifically on carer's rights. States must go beyond gender-neutral responses and ensure that laws and policies in all these areas actively alleviate the disadvantages that unpaid caregivers experience. To this end, States should develop mechanisms to ensure that laws and policies do not have unintended adverse effects on unpaid caregivers and do not enforce or perpetuate gender stereotypes.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 63
- Paragraph text
- The Government of Brazil has established institutional attention to Afro-Brazilians in recognition of discrimination and the disproportionate socioeconomic disadvantage of Afro-descendants, including through its ministry dedicated to promoting policies for racial equality, the Secretaria de Políticas de Promoção da Igualdade Racial (SEPPIR). A statute of racial equality (law 12.288), adopted in 2009, reinforces State obligations to guarantee equal opportunities to Afro-Brazilians. Affirmative action projects combat structural inequalities, in particular in respect of access to education, health and employment.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2012
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 34
- Paragraph text
- In Nepal, official data indicate that the Dalit population comprises approximately 3.6 million people, although civil society organizations estimate that number at 5 million. In Bangladesh and Pakistan, where most Dalits belong to the Hindu minority, the figures are also contested. In Bangladesh, unofficial data estimate the Dalit population to range between 3.5 and 5.5 million people. In Pakistan, the most recent official data, from 1998, estimate the Dalit population to be 330,000, but researchers calculate that the actual number could be at least two million.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 71
- Paragraph text
- Caste-based discrimination confines Dalits in South Asia to certain occupations associated with their caste, which often involve the most menial tasks, such as sanitation jobs. In Bangladesh, India, Nepal and Sri Lanka, street cleaning and the handling of human waste and animal carcasses are almost exclusively performed by Dalits.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Water & Sanitation
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 44
- Paragraph text
- Caste-affected groups have also been identified in other countries, such as Burkina Faso, Burundi, Cameroon, Côte d'Ivoire, the Gambia, Guinea, Guinea-Bissau, Liberia, Madagascar, Mali and Sierra Leone.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2016
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 41
- Paragraph text
- The Special Rapporteur notes that, due to the scant or total lack of information received from countries outside Europe, it was difficult for her to provide a balanced assessment of initiatives regarding Roma programmes across the regions. Nevertheless, she attempts to highlight some key examples using the pillar framework.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2015
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 104
- Paragraph text
- Governments, the United Nations and its specialized agencies, and other international and regional organizations should mainstream Roma rights into all aspects of their programming and make efforts to include Roma within their staff.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2015
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 118
- Paragraph text
- In 2002, Nepal established a National Dalit Commission tasked with a twofold objective: to increase the participation of Dalit communities "in the mainstream of national development" and to create a favourable environment for Dalit communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Year
- 2016
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 66
- Paragraph text
- Broad-based awareness-raising and advocacy campaigns on various issues are essential to achieve visibility. This can include posters, booklets, radio, television, magazines, websites and other media. The stigma index developed in the context of HIV/AIDS is an innovative tool aimed at measuring stigma and using the data for raising awareness, empowering the stigmatized, and advocating for change. In the context of menstrual hygiene, UNICEF Bangladesh aims to contribute to developing better menstrual hygiene in rural areas through the training of community hygiene promoters targeting 30 million rural Bangladeshis.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Year
- 2012
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 61
- Paragraph text
- In the context of sex workers, the Durbar Mahila Samanwaya Committee, a grassroots sex workers' collective in India, began organizing self-regulatory boards made up of its staff, doctors, advocates, national human rights commissioners, local politicians and officials, and sex workers themselves in a number of red-light districts. Their objectives included mitigating violence against sex workers, but also brought about improvements in access to water and sanitation.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Water & Sanitation
- Year
- 2012
Paragraph
Hate speech and incitement to hatred 2012, para. 50a
- Paragraph text
- [In any case, the Special Rapporteur reiterates that all hate speech laws should, at the very least, conform to the following elements outlined in the 2001 joint statement on racism and the media:] No one should be penalized for statements that are true;
- 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
- Gender
- Year
- 2012
Paragraph
Right to health in early childhood - Right to survival and development 2015, para. 84
- Paragraph text
- Intersex refers mainly to physical aspects of the body and includes a wide range of natural body variations that do not conform to prevailing notions of male and female bodies. Deeply rooted stereotypes around gender dichotomy and medical norms about male and female bodies have led to the establishment of a medical practice of routine interventions and surgeries on intersex people, including irreversible genital surgery and sterilization. These interventions are not always necessary on medical grounds and are often not performed with the informed consent of the persons concerned. Moreover, medical classifications currently codify intersex characteristics as pathologies or disorders.
- 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
- Gender
- Health
- Year
- 2015
Paragraph
Work of the mandate and priorities of the SR 2015, para. 31
- Paragraph text
- The Special Rapporteur concurs with his predecessors that a comprehensive right-to-health approach is necessary, which includes decriminalization of sexual orientation and gender identities, certain behaviours and health status, as well as the establishment of conducive legal and administrative frameworks with emphasis on human rights education, meaningful participation and empowerment of the groups targeted, and serious efforts to reduce stigma and discrimination in society as a whole.
- 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
- Gender
- Health
- Year
- 2015
Paragraph