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Título | Fecha de adición | Plantilla | Organo | Condicón jurídica | Tipo de documento | Año | Código de documento | Document | Paragraph text | Thematics | Temas | Personas afectadas | Año |
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The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 18 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | States parties should ensure that special measures are designed and implemented on the basis of prior consultation with affected communities and the active participation of such communities. |
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| 2009 | ||||
Combatting racist hate speech 2013, para. 25 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Committee considers that the expression of ideas and opinions made in the context of academic debates, political engagement or similar activity, and without incitement to hatred, contempt, violence or discrimination, should be regarded as legitimate exercises of the right to freedom of expression, even when such ideas are controversial. |
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| 2013 | ||||
Combatting racist hate speech 2013, para. 14 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Committee recommends that public denials or attempts to justify crimes of genocide and crimes against humanity, as defined by international law, should be declared as offences punishable by law, provided that they clearly constitute incitement to racial violence or hatred. The Committee also underlines that "the expression of opinions about historical facts" should not be prohibited or punished. |
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| 2013 | ||||
Combatting racist hate speech 2013, para. 9 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | As a minimum requirement, and without prejudice to further measures, comprehensive legislation against racial discrimination, including civil and administrative law as well as criminal law, is indispensable to combating racist hate speech effectively. |
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| 2013 | ||||
Follow-up to the Durban Review Conference 2009, para. 5 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Welcoming the expression of appreciation by the Durban Review Conference with regard to the early-warning and urgent-action procedure and the follow-up procedure established by the Committee, |
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| 2009 | ||||
Combatting racist hate speech 2013, para. 27 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference affirm the positive role of the right to freedom of opinion and expression in combating racial hatred. |
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| 2013 | ||||
Racial discrimination against people of African descent 2011, para. 4 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Notes also the condemnation of discrimination against people of African descent as expressed in the Durban Declaration and Programme of Action, |
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| 2011 | ||||
Rights of indigenous peoples 1997, para. 4c | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [The Committee calls in particular upon States parties to:] Provide indigenous peoples with conditions allowing for a sustainable economic and social development compatible with their cultural characteristics; |
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| 1997 | ||||
Reporting by States parties (article 1 of the Convention) 1973, para. 2 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Bearing in mind the need for the reports sent by States parties to the Committee to be as informative as possible, |
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| 1973 | ||||
Application of article 8, paragraph 1, of the Convention 1990, para. 2 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Recalling article 8, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, |
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| 1990 | ||||
Article 1, paragraph 1, of the Convention 1993, para. 3 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Article 1, paragraph 1, of the Convention also refers to the political, economic, social and cultural fields; the related rights and freedoms are set up in article 5. |
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| 1993 | ||||
Article 1, paragraph 1, of the Convention (Descent) 2002, para. 13 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Strongly encouraging those affected States that have yet to recognize and address this phenomenon to take steps to do so, |
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| 2002 | ||||
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 13 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Measures include the full span of legislative, executive, administrative, budgetary and regulatory instruments, at every level in the State apparatus, as well as plans, policies, programmes and preferential regimes in areas such as employment, housing, education, culture and participation in public life for disfavoured groups, devised and implemented on the basis of such instruments. States parties should include, as required in order to fulfil their obligations under the Convention, provisions on special measures in their legal systems, whether through general legislation or legislation directed to specific sectors in the light of the range of human rights referred to in article 5 of the Convention, and through plans, programmes and other policy initiatives referred to above at national, regional and local levels. |
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| 2009 | ||||
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 24 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Although the Convention designates "racial or ethnic groups or individuals requiring … protection" (article 1, paragraph 4), and "racial groups or individuals belonging to them" (article 2, paragraph 2), as the beneficiaries of special measures, the measures shall in principle be available to any group or person covered by article 1 of the Convention, as clearly indicated by the travaux préparatoires of the Convention, as well as by the practice of States parties and the relevant concluding observations of the Committee. |
| 2009 | |||||
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 30 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The use in the paragraph of the verb "shall" in relation to taking special measures clearly indicates the mandatory nature of the obligation to take such measures. The mandatory nature of the obligation is not weakened by the addition of the phrase "when the circumstances so warrant", a phrase that should be read as providing context for the application of the measures. The phrase has, in principle, an objective meaning in relation to the disparate enjoyment of human rights by persons and groups in the State party and the ensuing need to correct such imbalances. |
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| 2009 | ||||
Overdue reports 1982, para. 5 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Noting with regret that neither reminders sent through the Secretary-General to States parties nor the inclusion of the relevant information in the annual reports to the General Assembly has had the desired effect, in all cases, |
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| 1982 | ||||
Implementation of article 4 1985, para. 6 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Bearing in mind the preventive aspects of article 4 to deter racism and racial discrimination as well as activities aimed at their promotion or incitement, |
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| 1985 | ||||
Reporting by States parties 1972, para. 3 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | It notes also that, in article 3 of the Convention, "States parties particularly condemn racial segregation and apartheid". |
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| 1972 | ||||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17a | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [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; |
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| 2004 | ||||
Gender-related dimensions of racial discrimination 2000, para. 3 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Recognizing that some forms of racial discrimination have a unique and specific impact on women, the Committee will endeavour in its work to take into account gender factors or issues which may be interlinked with racial discrimination. The Committee believes that its practices in this regard would benefit from developing, in conjunction with the States parties, a more systematic and consistent approach to evaluating and monitoring racial discrimination against women, as well as the disadvantages, obstacles and difficulties women face in the full exercise and enjoyment of their civil, political, economic, social and cultural rights on grounds of race, colour, descent, or national or ethnic origin. |
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| 2000 | ||||
Discrimination against Roma 2000, para. 37 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To encourage awareness among professionals of all media of the particular responsibility to not disseminate prejudices and to avoid reporting incidents involving individual members of Roma communities in a way which blames such communities as a whole. |
| 2000 | |||||
Discrimination against non-citizens 2004, para. 24 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Regulate the burden of proof in civil proceedings involving discrimination based on race, colour, descent, and national or ethnic origin so that once a non-citizen has established a prima facie case that he or she has been a victim of such discrimination, it shall be for the respondent to provide evidence of an objective and reasonable justification for the differential treatment; |
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| 2004 | ||||
Combatting racist hate speech 2013, para. 1 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | At its eightieth session, the Committee on the Elimination of Racial Discrimination (the Committee) decided to hold a thematic discussion on racist hate speech during its eighty-first session. The discussion took place on 28 August 2012 and focused on understanding the causes and consequences of racist hate speech, and how the resources of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) may be mobilized to combat it. Participants in the discussion included, in addition to members of the Committee, representatives from permanent missions to the United Nations Office in Geneva, national human rights institutions, non-governmental organizations, academics and interested individuals. |
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| 2013 | ||||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 33 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [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: Judges should be aware of the diversity of society and differences linked with background, in particular racial origins; |
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| 2004 | ||||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 36 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] In the case of persons belonging to indigenous peoples, States parties should give preference to alternatives to imprisonment and to other forms of punishment that are better adapted to their legal system, bearing in mind in particular International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries. |
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| 2004 | ||||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38c | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Comply, in this regard, with the United Nations norms in this field, and particularly the Standard Minimum Rules for the Treatment of Prisoners, the Basic Principles for the Treatment of Prisoners and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; |
| 2004 | |||||
Combatting racist hate speech 2013, para. 15 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:] The content and form of speech: whether the speech is provocative and direct, in what form it is constructed and disseminated, and the style in which it is delivered. |
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| 2013 | ||||
Combatting racist hate speech 2013, para. 15 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:] The reach of the speech, including the nature of the audience and the means of transmission: whether the speech was disseminated through mainstream media or the Internet, and the frequency and extent of the communication, in particular when repetition suggests the existence of a deliberate strategy to engender hostility towards ethnic and racial groups. |
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| 2013 | ||||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 39 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [Formulates the following recommendations addressed to States parties:] Further, the independent authorities in the States parties that are responsible for supervising prison institutions should include members who have expertise in the field of racial discrimination and sound knowledge of the problems of racial and ethnic groups and the other vulnerable groups referred to in the last paragraph of the preamble; when necessary, such supervisory authorities should have an effective visit and complaint mechanism. |
| 2004 | |||||
Combatting racist hate speech 2013, para. 36 | 19 de ago. de 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Information campaigns and educational policies calling attention to the harms produced by racist hate speech should engage the general public; civil society, including religious and community associations; parliamentarians and other politicians; educational professionals; public administration personnel; police and other bodies dealing with public order; and legal personnel, including the judiciary. The Committee draws the attention of States parties to general recommendation No. 13 (1993) on the training of law enforcement officials in the protection of human rights and to general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system. In these and other cases, familiarization with international norms protecting freedom of opinion and expression and norms protecting against racist hate speech is essential. |
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| 2013 |