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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
- Paragraph text
- 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.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2009
Párrafo
Combatting racist hate speech 2013, para. 25
- Paragraph text
- 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.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 14
- Paragraph text
- 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.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 9
- Paragraph text
- 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.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 27
- Paragraph text
- 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.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Application of article 8, paragraph 1, of the Convention 1990, para. 2
- Paragraph text
- Recalling article 8, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination,
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 1990
Párrafo
Implementation of article 4 1985, para. 6
- Paragraph text
- 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,
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 1985
Párrafo
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;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2004
Párrafo
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [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.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [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.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 36
- Paragraph text
- 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.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 26
- Paragraph text
- In addition to its inclusion in article 5, freedom of opinion and expression is recognized as a fundamental right in a broad range of international instruments, including the Universal Declaration of Human Rights, which affirm that everyone has the right to hold opinions and to seek, receive and impart information and ideas of all kinds through any media and regardless of frontiers. The right to freedom of expression is not unlimited but carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only if they are provided by law and are necessary for protection of the rights or reputations of others and for the protection of national security or of public order, or of public health or morals. Freedom of expression should not aim at the destruction of the rights and freedoms of others, including the right to equality and non-discrimination.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 20
- Paragraph text
- By employing the phrase "shall not be deemed racial discrimination", article 1, paragraph 4, of the Convention makes it clear that special measures taken by States parties under the terms of the Convention do not constitute discrimination, a clarification reinforced by the travaux préparatoires of the Convention which record the drafting change from "should not be deemed racial discrimination" to "shall not be deemed racial discrimination". Accordingly, special measures are not an exception to the principle of non-discrimination but are integral to its meaning and essential to the Convention project of eliminating racial discrimination and advancing human dignity and effective equality.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2009
Párrafo
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 21
- Paragraph text
- In order to conform to the Convention, special measures do not amount to discrimination when taken for the "sole purpose" of ensuring equal enjoyment of human rights and fundamental freedoms. Such a motivation should be made apparent from the nature of the measures themselves, the arguments used by the authorities to justify the measures and the instruments designed to put the measures into effect. The reference to "sole purpose" limits the scope of acceptable motivations for special measures within the terms of the Convention.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2009
Párrafo
Article 5 of the Convention 1996, para. 5
- Paragraph text
- The rights and freedoms referred to in article 5 of the Convention and any similar rights shall be protected by a State party. Such protection may be achieved in different ways, be it by the use of public institutions or through the activities of private institutions. In any case, it is the obligation of the State party concerned to ensure the effective implementation of the Convention and to report thereon under article 9 of the Convention. To the extent that private institutions influence the exercise of rights or the availability of opportunities, the State party must ensure that the result has neither the purpose nor the effect of creating or perpetuating racial discrimination.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 1996
Párrafo
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 9
- Paragraph text
- Convinced that, even though the system of justice may be regarded as impartial and not affected by racism, racial discrimination or xenophobia, when racial or ethnic discrimination does exist in the administration and functioning of the system of justice, it constitutes a particularly serious violation of the rule of law, the principle of equality before the law, the principle of fair trial and the right to an independent and impartial tribunal, through its direct effect on persons belonging to groups which it is the very role of justice to protect,
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2004
Párrafo
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;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2004
Párrafo
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 14
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In cases of allegations of torture, ill treatment or executions, investigations should be conducted in accordance with the Principles on the Effective Prevention and Investigation of Extra legal, Arbitrary and Summary Executions and the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2004
Párrafo
Combatting racist hate speech 2013, para. 20
- Paragraph text
- The Committee observes with concern that broad or vague restrictions on freedom of speech have been used to the detriment of groups protected by the Convention. States parties should formulate restrictions on speech with sufficient precision, according to the standards in the Convention as elaborated in the present recommendation. The Committee stresses that measures to monitor and combat racist speech should not be used as a pretext to curtail expressions of protest at injustice, social discontent or opposition.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 29
- Paragraph text
- Freedom of expression, indispensable for the articulation of human rights and the dissemination of knowledge regarding the state of enjoyment of civil, political, economic, social and cultural rights, assists vulnerable groups in redressing the balance of power among the components of society, promotes intercultural understanding and tolerance, assists in the deconstruction of racial stereotypes, facilitates the free exchange of ideas, and offers alternative views and counterpoints. States parties should adopt policies empowering all groups within the purview of the Convention to exercise their right to freedom of expression.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 42
- Paragraph text
- The Committee encourages self-regulation and compliance with codes of ethics by Internet service providers, as underlined in the Durban Declaration and Programme of Action.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- All
- Año
- 2013
Párrafo
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 23
- Paragraph text
- The term "protection" in the same paragraph signifies protection from violations of human rights emanating from any source, including discriminatory activities of private persons, in order to ensure the equal enjoyment of human rights and fundamental freedoms. The term "protection" also indicates that special measures may have preventive (of human rights violations) as well as corrective functions.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2009
Párrafo
Article 5 of the Convention 1996, para. 2
- Paragraph text
- Whenever a State imposes a restriction upon one of the rights listed in article 5 of the Convention which applies ostensibly to all within its jurisdiction, it must ensure that neither in purpose nor effect is the restriction incompatible with article 1 of the Convention as an integral part of international human rights standards. To ascertain whether this is the case, the Committee is obliged to inquire further to make sure that any such restriction does not entail racial discrimination.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 1996
Párrafo
Establishment of an international tribunal to prosecute crimes against humanity 1994, para. 1
- Paragraph text
- Considers that an international tribunal with general jurisdiction should be established urgently to prosecute genocide, crimes against humanity, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecutions on political, racial and religious grounds and other inhumane acts directed against any civilian population, and grave breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977 thereto;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 1994
Párrafo
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 32
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] They should prevent all direct influence by pressure groups, ideologies, religions and churches on the functioning of the system of justice and on the decisions of judges, which may have a discriminatory effect on certain groups.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2004
Párrafo
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 22
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should ensure the observance of the general principle of proportionality and strict necessity in recourse to force against persons belonging to the groups referred to in the last paragraph of the preamble, in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2004
Párrafo
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 7
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] In order to facilitate access to justice for the victims of racism, States parties should strive to supply the requisite legal information to persons belonging to the most vulnerable social groups, who are often unaware of their rights.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2004
Párrafo
Discrimination against non-citizens 2004, para. 38
- 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 the right of non-citizens, without discrimination based on race, colour, descent, and national or ethnic origin, to have access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafés, theatres and parks;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2004
Párrafo
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 1f
- 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 handing down by the courts of harsher or inappropriate sentences against persons belonging to those groups;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2004
Párrafo
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17c
- 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:] Ensuring that victims have information about the progress of the proceedings;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2004
Párrafo