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Article 1, paragraph 1, of the Convention (Descent) 2002, para. (a)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Steps to identify those descent-based communities under their jurisdiction who suffer from discrimination, especially on the basis of caste and analogous systems of inherited status, and whose existence may be recognized on the basis of various factors including some or all of the following: inability or restricted ability to alter inherited status; socially enforced restrictions on marriage outside the community; private and public segregation, including in housing and education, access to public spaces, places of worship and public sources of food and water; limitation of freedom to renounce inherited occupations or degrading or hazardous work; subjection to debt bondage; subjection to dehumanizing discourses referring to pollution or untouchability; and generalized lack of respect for their human dignity and equality;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2002
- Date added
- Aug 19, 2019
Paragraph
Discrimination against non-citizens 2004, para. 12
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Take resolute action to counter any tendency to target, stigmatize, stereotype or profile, on the basis of race, colour, descent, and national or ethnic origin, members of "non citizen" population groups, especially by politicians, officials, educators and the media, on the Internet and other electronic communications networks and in society at large;
- 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
- Date added
- Aug 19, 2019
Paragraph
Discrimination against non-citizens 2004, para. 18
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Ensure that non-citizens enjoy equal protection and recognition before the law and in this context, to take action against racially motivated violence and to ensure the access of victims to effective legal remedies and the right to seek just and adequate reparation for any damage suffered as a result of such violence;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The number and percentage of persons belonging to the groups referred to in the last paragraph of the preamble who are victims of aggression or other offences, especially when they are committed by police officers or other State officials;
- 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
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The absence or small number of complaints, prosecutions and convictions relating to acts of racial discrimination in the country. Such a statistic should not be viewed as necessarily positive, contrary to the belief of some States. It may also reveal either that victims have inadequate information concerning their rights, or that they fear social censure or reprisals, or that victims with limited resources fear the cost and complexity of the judicial process, or that there is a lack of trust in the police and judicial authorities, or that the authorities are insufficiently alert to or aware of offences involving racism;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pay the greatest attention to the following possible indicators of racial discrimination:] The proportionately higher crime rates attributed to persons belonging to those groups, particularly as regards petty street crime and offences related to drugs and prostitution, as indicators of the exclusion or the non integration of such persons into society;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 3
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In particular, States parties should have access to comprehensive statistical or other information on complaints, prosecutions and convictions relating to acts of racism and xenophobia, as well as on compensation awarded to the victims of such acts, whether such compensation is paid by the perpetrators of the offences or under State compensation plans financed from public funds.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 4a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The following should be regarded as indicators of potential causes of racial discrimination:] Any gaps in domestic legislation on racial discrimination. In this regard, States parties should fully comply with the requirements of article 4 of the Convention and criminalize all acts of racism as provided by that article, in particular the dissemination of ideas based on racial superiority or hatred, incitement to racial hatred, violence or incitement to racial violence, but also racist propaganda activities and participation in racist organizations. States parties are also encouraged to incorporate a provision in their criminal legislation to the effect that committing offences for racial reasons generally constitutes an aggravating circumstance;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 6
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In accordance with article 6 of the Convention, States parties are obliged to guarantee the right of every person within their jurisdiction to an effective remedy against the perpetrators of acts of racial discrimination, without discrimination of any kind, whether such acts are committed by private individuals or State officials, as well as the right to seek just and adequate reparation for the damage suffered.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 11
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] The competent services should be instructed to receive the victims of acts of racism in police stations in a satisfactory manner, so that complaints are recorded immediately, investigations are pursued without delay and in an effective, independent and impartial manner, and files relating to racist or xenophobic incidents are retained and incorporated into databases.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 13
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Conversely, it should be the right and duty of any police official or State employee to refuse to obey orders or instructions that require him or her to commit violations of human rights, particularly those based on racial discrimination. States parties should guarantee the freedom of any official to invoke this right without fear of punishment.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 16
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In advance of the initiation of proceedings, States parties could also encourage, with a view to respecting the rights of the victims, the use of parajudicial procedures for conflict resolution, including customary procedures compatible with human rights, mediation or conciliation, which can serve as useful options for the victims of acts of racism and to which less stigma may be attached.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:] Offering procedural status for the victims of racism and xenophobia and associations for the protection of the rights of such victims, such as an opportunity to associate themselves with the criminal proceedings, or other similar procedures that might enable them to assert their rights in the criminal proceedings, at no cost to themselves;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 21
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should prevent and most severely punish violence, acts of torture, cruel, inhuman or degrading treatment and all violations of human rights affecting persons belonging to the groups referred to in the last paragraph of the preamble which are committed by State officials, particularly police and army personnel, customs authorities, and persons working in airports, penal institutions and social, medical and psychiatric services.
- 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
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 26a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:] That the mere fact of belonging to a racial or ethnic group or one of the aforementioned groups is not a sufficient reason, de jure or de facto, to place a person in pretrial detention. Such pretrial detention can be justified only on objective grounds stipulated in the law, such as the risk of flight, the risk that the person might destroy evidence or influence witnesses, or the risk of a serious disturbance of public order;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 33
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] States parties may, in this regard, take into account the Bangalore Principles of Judicial Conduct adopted in 2002 (E/CN.4/2003/65, annex), which recommend in particular that: They should oppose the manifestation of prejudice by the persons under their direction and by lawyers or their adoption of discriminatory behaviour towards a person or group on the basis of their colour, racial, national, religious or sexual origin, or on other irrelevant grounds.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 35
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] Special attention should be paid in this regard to the system of minimum punishments and obligatory detention applicable to certain offences and to capital punishment in countries which have not abolished it, bearing in mind reports that this punishment is imposed and carried out more frequently against persons belonging to specific racial or ethnic groups.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
- Date added
- Aug 19, 2019
Paragraph
Racial discrimination against people of African descent 2011, para. 4b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [People of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights:] The right to their cultural identity, to keep, maintain and foster their mode of life and forms of organization, culture, languages and religious expressions;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 51
- Paragraph text
- People of African descent are often categorized as a different race; but "race" is a socially constructed concept. Paragraph 6 of the outcome document of the Durban Review Conference reaffirms that "all peoples and individuals constitute one human family, rich in diversity, and that all human beings are born free and equal in dignity and rights"; although throughout the history of humanity, people have been assigned identity based on race, both as a means of distinguishing one group from another, but more importantly as a means of control and domination. Therefore, an important step in the recognition of people of African descent is the deconstruction of the concept of "race".
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 75b
- 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:] Set up research programmes and circulate information to deconstruct the (mis)representation of people of African descent;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 75c
- 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:] Increase the visibility and recognition of people of African descent and the continent of Africa contributions to their respective societies and to global development; promote research on past and present conditions of people of African descent and compile existing information on their contribution to their respective societies in order to foster the development of intercultural society from a democratic perspective, recognizing diversity and promoting knowledge and understanding of the causes and consequences of racism, racial discrimination and xenophobia;
- 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
- Date added
- Aug 19, 2019
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 75d
- 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:] Support radio, television and Internet programmes about history and cultures of people of African descent and promote more positive and inclusive representations which 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 75e
- 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:] Celebrate the richness and creativity in all forms of artistic expressions by people of African descent;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 75f
- 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:] Consider proclaiming a national day in countries that do not yet have such a day, in order to celebrate the heritage, culture and contribution to the world 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
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 81
- Paragraph text
- Another key enabling factor for ensuring the recognition of people of African descent and overcoming the historical "social invisibility" is through the collection, recording, monitoring and analysis of reliable information on their living conditions. Collecting, disaggregating and analysing data is an important step towards solving acute and long-lasting problems. It is also a demonstration of political will to monitor the human rights situation of groups facing discrimination.
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 87b
- Paragraph text
- [In accordance with paragraph 92 of the Durban Programme of Action, States should also:] Such statistical data should be disaggregated in accordance with domestic legislation. Any such information should, as appropriate, be collected with the explicit consent of the victims, based on their self-identification and in accordance with provisions on human rights and fundamental freedoms, such as data protection regulations and privacy guarantees. This information must not be misused. The statistical data and information should be collected with the objective of monitoring the situation of marginalized groups, and the development and evaluation of legislation, policies, practices and other measures aimed at preventing and combating racism, racial discrimination, xenophobia and related intolerance, as well as for the purpose of determining whether any measures have an unintentional disparate impact on victims. To that end, it recommends the development of voluntary, consensual and participatory strategies in the process of collecting, designing and using information. The information should take into account economic and social indicators, including, where appropriate, health and health status, infant and maternal mortality, life expectancy, literacy, education, employment, housing, land ownership, mental and physical health care, water, sanitation, energy and communications services, poverty and average disposable income in order to elaborate social and economic development policies with a view to closing the existing gaps in social and economic conditions;
- 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
- Date added
- Aug 19, 2019
Paragraph
Activities of the Working Group 2014, para. 84a
- 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:] 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
- 2014
- Date added
- Aug 19, 2019
Paragraph