Search Tips
sorted by
30 shown of 97 entities
Minorities and effective political participation: a survey of law and national practices 2010, para. 35
- Paragraph text
- The right to effective participation, the prohibition of discrimination and special measures are firmly rooted in international human rights law. The right of all persons to take part in the conduct of public affairs, directly or through freely chosen representatives, as well as to vote and be elected in genuine periodic elections is affirmed in article 25 of the International Covenant on Civil and Political Rights. This provision is an elaboration of article 21 of the Universal Declaration of Human Rights, which states: "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 11
- Paragraph text
- The Committee on the Elimination of Racial Discrimination in its general recommendation No. XVII on the establishment of national institutions to facilitate implementation of the Convention (see A/48/18, chap. VIII.B), recommends that States parties to the International Convention on the Elimination of All Forms of Racial Discrimination "establish national commissions or other appropriate bodies … to serve, inter alia … (a) to promote respect for the enjoyment of human rights without any discrimination; … (b) to review government policy towards protection against racial discrimination; (c) to monitor legislative compliance with the provisions of the Convention; (d) to educate the public about the obligations of States under the Convention; (e) to assist in the preparation of reports to the Committee on the Elimination of Racial Discrimination".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 24
- Paragraph text
- Article 20 of the International Covenant on Civil and Political Rights (see General Assembly resolution 2200 A (XXI), annex) states that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence represents an important step taken by the international community to assist States in implementing their obligations, and provides guidance on balancing freedom of expression, which is protected under article 19 of the Covenant, with article 20. As recommended in the Plan of Action, States should ensure intercultural dialogue and mechanisms and dialogues to foster intercultural and interreligious understanding and learning. States should also promote human rights education and sensitize law enforcement and security forces.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 68
- Paragraph text
- The establishment of mechanisms and processes to raise and respond to alarms is essential to preventing and stopping violence. Ensuring appropriate community liaison promotes trust and establishes and maintains strong and efficient channels of communication between communities and law-enforcement bodies. Identifying the individuals, communities or locations, community leaders or high profile places of worship or congregations that are most at risk is an important step. Increasing a visible security presence in key locations, including places of worship or nearby identified at-risk communities, is a deterrent to violence. In remote locations where there is a low presence of authorities, it may be necessary to establish a security presence to protect local communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Minorities in the criminal justice system 2015, para. 44
- Paragraph text
- It has been suggested that harsher sentencing can result from bias introduced by interpretation, because of cultural differences unintentional expression of the interpreter's preconceptions, or negative perceptions of the accused's or the witness's credibility by the court or jury due to interpretation. Caution must be exercised when using a non-certified translator or interpreter, and all interrogation and other records should specify the identity and status of any such person. If translation is a minimum requirement in all cases, it is clear that it does not necessarily provide the fullest possible guarantee of fairness.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 76
- Paragraph text
- In Nepal, in the agricultural sector, Haliyas ("ones who plough") are labourers effectively caught in a debt bondage system. They plough the land, a task considered dirty. They are often forced to take out loans from landowners to cover personal expenses and are charged exorbitant rates of interest, making their debts extremely difficult to pay back and effectively trapping them in a never-ending cycle of submission. According to civil society reports, despite criminalization by the Government in 2010, the practice still persists and there is currently no legislation in place for the rehabilitation of Haliyas.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2016
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 43
- Paragraph text
- States must fully investigate incidents of violence and, where business actors prove to be instigators or perpetrators, impose appropriate sanctions in accordance with the law, including the termination of contracts and criminal prosecution. Victims must be adequately and swiftly compensated. As stated by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises (A/HRC/17/32, para. 5), conflict-affected areas are commonly where the most egregious business-related human rights abuses take place.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 69
- Paragraph text
- The creation of community or neighbourhood watch and early warning mechanisms that enable at-risk communities to identify threats and quickly contact law enforcement authorities is another measure that has been put in place, including in Nigeria where violence and intercommunal tensions have been present. Having local "eyes and ears" to report potential incidents offers valuable, community-based, early warning potential, although it remains reliant on a rapid response by law enforcement bodies to alerts if it is to be effective.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 94
- Paragraph text
- Predicting and preventing violence must not remain an academic exercise. Post-violence analysis has helped to develop indicators and improve the potential to raise alarms and trigger early warning mechanisms; however, analysis conducted after violence has begun means that the action taken is often too little and too late. The lessons of past atrocities must be put into practice when the warning signs are clear and, even when they are not, States must become more capable of responding to them.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Protection of minority rights in conflict prevention 2010, para. 35
- Paragraph text
- Many States are engaged in ongoing efforts to accommodate the interests of diverse communities. Finding the optimal arrangement may be a dynamic process and may not be resolved at the first attempt. Some States have repeatedly adjusted the structure of their systems of federalism over many years in an effort to defuse conflict over power and resources. What is important is to ensure that the State provides channels to raise issues and to participate in decision-making; that it constantly reassesses the success of efforts to accommodate diversity; and that it is aware of the different options available.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 36
- Paragraph text
- The United Nations Human Rights Committee has interpreted the conduct of public affairs broadly as the exercise of power in the legislative, executive and administrative branches. In the view of the Committee, the provision covers all aspects of public administration, including the formulation and implementation of policy at international, national, regional and local levels. Furthermore, citizens may participate in the conduct of public affairs directly or indirectly. Once a mode of participation is established, no distinction should be made between citizens as regards their participation on such grounds as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and no unreasonable restrictions should be imposed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 38
- Paragraph text
- Article 25 of the International Covenant on Civil and Political Rights places explicit emphasis on non-discrimination in the exercise of the rights contained therein, as they are to be enjoyed "without any of the distinctions mentioned in article 2 [of the Covenant]". Article 2 secures the respect for the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, political or other opinion, national or social origin, property, birth or other status. This basic principle of prohibition of discrimination is repeated elsewhere in the Covenant and articulated in a number of instruments.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 34
- Paragraph text
- In the Durban Declaration and Programme of Action (A/CONF.189/12 and Corr.1, chap. I), the outcome document of the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the participating States expressed their concern that socio-economic development was being hampered by widespread internal conflicts which were due, among other causes, to gross violations of human rights, including those arising from racism, racial discrimination, xenophobia and related intolerance, and from lack of democratic, inclusive and participatory governance. It urged States to recognize that techniques, mechanisms, policies and programmes for reconciling conflicts based on factors related to race, colour, descent, language, religion, or national or ethnic origin and for developing harmonious multiracial and multicultural societies needed to be systematically considered and developed (ibid., paras. 21 and 171).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 55
- Paragraph text
- All of the above might be forced upon them on the grounds that it is "respectful" of the laws of their religion, but may do so without asking them what their religion or belief is, how they interpret it and which legal system they ascribe to. Most worryingly, it may do so without giving them any opportunity for a civil alternative, any option for exit from such legal provisions and, indeed, no opportunity for adopting or changing their religion or belief. The State should not only be mindful of these vast arenas of discrimination, which may indeed have a coercive impact on the freedom to hold religion or belief, but needs to ensure that it fulfils its due diligence obligations with respect to all such violations. This includes obligations with respect to violations that may result from the actions of non-State actors, and violations that may primarily occur in the private sphere.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 91g
- Paragraph text
- [The Independent Expert provides the following broad recommendations to national Governments and the international community:] In multi-faith societies, efforts to build a climate of trust, understanding, acceptance and interfaith cooperation and exchange benefit the whole of society and are essential elements of good governance and measures to prevent grievances, tensions and conflict. The active engagement and leadership of religious, community and political actors is essential to such efforts and should be encouraged and supported, including through the establishment of formal and informal mechanisms for dialogue, exchanges of views and consideration of interfaith and intercommunity initiatives.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 74
- Paragraph text
- Civil society has a vital role to play in detecting the early signs of impending violence, alerting national and international bodies and taking local initiatives to counter it. Violence prevention efforts should not be left only to non-governmental organizations, however. Effective prevention benefits greatly from the full participation of diverse actors, including non-governmental organizations, human rights institutions, businesses, faith groups and community leaders, educational institutions and other stakeholders. Preparing the infrastructure for and promoting a culture of violence prevention necessarily involves many actors with different skills, powers and relationships.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 87
- Paragraph text
- Accountability and tackling impunity for violent crimes are essential to ensuring justice and post-violence reconciliation. Transitional justice requires that the truth about the past be investigated and told, the provision of compensation for material and immaterial losses, the return to societal stability and the restoration of full respect for human rights. Perpetrators on all sides must be held accountable as a means of rebuilding societies damaged and fractured by violence and as a deterrent to further violence. Justice and accountability may be achieved in various ways, which can include truth, justice and reconciliation processes; commissions of inquiry; judicial processes; and incorporation of traditional forms of resolution and reconciliation. Such mechanisms have demonstrated an ability to begin a process of healing the wounds inflicted on communities and societies in such cases as Rwanda, South Africa and Northern Ireland.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Minorities in the criminal justice system 2015, para. 14
- Paragraph text
- For minority victims of crime, standards on the right to effective remedy and reparation, and to participation and protection in the criminal justice process, are relevant.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 46
- Paragraph text
- The International Convention on the Elimination of All Forms of Discrimination obligates States to condemn "all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination" (art. 4). Furthermore, three situations constitute offences punishable by law: (a) all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (b) organizations, organized and all other propaganda activities which promote and incite discrimination-which must be declared illegal and prohibited-, and participation in such organizations or activities; (c) promotion or incitement of racial discrimination by public authorities or public institutions, national or local.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 49
- Paragraph text
- The African Charter on Human and Peoples' Rights does not contain provisions referring specifically to the prohibition of incitement to national, racial or religious hatred. However the Charter states that: "all peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another" (art. 19) and that "every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance" (art. 28). The American Convention on Human Rights states that: "any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law" (art. 13.5).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 106
- Paragraph text
- Legislation must fully respect the right to freedom of speech and expression and avoid any arbitrary or abusive interpretation of anti-hate speech laws. States should establish proportionate thresholds for the assessment of forms of expression which may amount to incitement to hatred, including careful consideration, on a case-by-case basis, of the context, speaker, intent, content, extent or magnitude and likelihood or probability of harm occurring. Legislation prohibiting incitement to hatred should provide effective and adequate remedies to victims, including civil remedies for damages, and guarantee the right of correction and reply.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 53
- Paragraph text
- Discussion over what constitutes hate speech poses a recurring dilemma vis-à-vis the right to freedom of expression and its limits. It remains necessary to protect freedom of expression while at the same time guaranteeing the rights of others, public order and, in some cases, national security. Nevertheless, as stressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, far from being incompatible, the right to freedom of opinion and expression and the prohibition of incitement to hatred are "mutually supportive", as the public debate of ideas as well as interfaith and intercultural dialogue can prevent hate and intolerance.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 54
- Paragraph text
- In order to develop consistent and effective legislation and measures to prohibit and penalize incitement to hatred, hate speech should not be confused with other types of inflammatory, hateful or offensive speech. As experts have stated, the intended or actual effects of speech can be a useful indicator to distinguish incitement to hatred from other categories of hate speech: in the case of incitement to hatred, the speaker seeks to provoke reactions on the part of the audience, specifically to influence the audience to share the views expressed or implied in the speech and to respond against the victim groups with hostility, discrimination or violence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 96
- Paragraph text
- States should ensure that individuals are not selected for identity checks, questioning, stops and searches, surveillance or other policing measures solely or primarily on the basis of their membership in a minority. Use by the police of their power to conduct identity checks or to stop and search individuals should be based on the requirement of individualized suspicion; and the use of broader preventive powers should be strictly circumscribed. Police should be required to record the reason for stopping, questioning or searching any person and to provide the person with a copy of the record.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 75
- Paragraph text
- The format of the media environment has undergone a dramatic transformation to host Internet and online media platforms, allowing live interaction and more rapid outreach worldwide. In the digital age, media has also widened its scope to include social media, where people share and/or exchange information, ideas and initiatives across vast national and international networks and virtual communities. New forms of online media which allow those who advocate hate speech or cyberhate to easily access large audiences are subject to less regulation than traditional media and provide anonymity to those who wish to exploit it.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Protection of minority rights in conflict prevention 2010, para. 51
- Paragraph text
- To denigrate a community's identity as inferior or stereotype it as violent, criminal or "foreign" is discriminatory, a violation of rights and may constitute incitement to racial or religious hatred. It impacts negatively on community members' sense of inclusion in the national identity and encourages prejudicial attitudes and even violent attacks on the community by members of the public. The slope is steep and slippery between statements of disrespect coming from national leaders and hate crimes committed by individuals who feel they have been given licence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 55
- Paragraph text
- To denigrate a community's identity as inferior or stereotype it as violent, criminal or "foreign" is discriminatory, a violation of rights and may constitute incitement to racial or religious hatred. It impacts negatively on community members' sense of inclusion in the national identity and encourages prejudicial attitudes and even violent attacks on the community by members of the public. The slope is steep and slippery between statements of disrespect coming from national leaders and hate crimes committed by individuals who feel they have been given license.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 34
- Paragraph text
- The present thematic study provides an overview of the role of media in relation to hate speech and incitement to hatred and violence. It refers to the role of international standards and processes with regard to the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and will address the major challenges to combating hate speech in the media. Different measures and good practices that can be implemented by States and civil society actors will be analysed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 23
- Paragraph text
- Studies are required to understand how hate speech transforms into acts of hate and violence. Hate speech is a factor in a process which seeks to scapegoat, demonize or, in extreme cases, dehumanize others considered outsiders or different, and to portray them as the cause of societal ills or as a threat. The power of hate speech to turn a nucleus of extremist hatred into a mass movement of violence is well documented and measures to counter its impact are essential. Several countries, including some that have experienced atrocities, such as Bosnia and Herzegovina, have adopted legislation to prosecute hate-motivated crimes and incitement to national, racial or religious hatred. Countries such as Canada and the United States of America have created hate crime units within the police force.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Minorities in the criminal justice system 2015, para. 37
- Paragraph text
- Even in the absence of such courts, States should ensure that the cultural background of the accused, the victims and the witnesses is appropriately recognized, respected and accommodated by the authorities throughout criminal proceedings.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph