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Titre | Date ajouter | Modèle | Organe | Status juridique | Type de document | Année | Code du document | Document | Paragraph text | Thematics | Thèmes | Personnes concernées | Année |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 41 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Beliefs that potions containing body parts of persons with albinism can help with relationship problems or restore peace in the family also exist. Further, it is believed that when used in a fragrance, hairs of persons with albinism can be useful for women who want to seduce white men, or for keeping employment. The use for good luck of perfumes or soaps made with body parts of persons with albinism was also reported. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 31 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | This seems to be a historical trend, as the nineteenth century Scottish missionary David Livingstone described the killing of a young boy with albinism by his mother: "the mother is said to have become tired of living apart from the father, who refused to have her while she retained their son. She took him out one day, and killed him close to the village of Mabotsa, and nothing was done to her by the authorities". |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 40 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | There is a witchcraft belief that the screams of a victim being attacked for muti or juju enhance the power of the body parts; hence victims are often hacked while alive. In addition, there is a witchcraft belief that the greater the innocence of the victim whose body parts are being used, the greater the potency of the potion or amulet. This renders children, already vulnerable to attacks, a preferred target. |
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Vision for the mandate 2016, para. 45a | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Effective protection of persons with albinism and members of their families; |
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Witchcraft and the human rights of persons with albinism 2017, para. 39 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The question of whether to criminalize acts of witchcraft was examined by Philip Alston. After considering various arguments in favour of criminalization, including that local customs should be reflected in national law; that criminal law should protect against all types of violence, including violence committed by occult means; and that the failure of criminal law to address such acts leads individuals to take the law into their own hands to achieve what is popularly considered to be a just and fair result, he concluded that the weight of the arguments against criminalization was superior. Criminalization would reinforce the social stigmatization of those accused, and such a prohibition of witchcraft might be socially perceived as providing legitimacy to the killing and ill-treatment of alleged witches. In addition, the very subjective nature of witchcraft, illustrated by the difficulty of finding a clear definition of the concept and the impossibility of identifying objective factors as evidence to be weighed in a court of law were sufficient bases on which to conclude that acts of witchcraft as such should not be criminalized. This does not mean that criminal action becomes legitimate when committed for witchcraft purposes, but rather that a licit action should not be considered a criminal act because it is conducted for witchcraft purposes. Objective criminal acts should be prosecuted, regardless of their (mere or inextricable) link to witchcraft. |
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Witchcraft and the human rights of persons with albinism 2017, para. 72 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Second are the inherent limits of self-regulation, weak law enforcement and the absence of a far-reaching oversight mechanism for both urban and rural areas. Further, self-regulation by organizations of traditional healers have done little to prevent purported practitioners of traditional medicine from establishing themselves on their own, with no oversight at all. Weak enforcement of government licensing systems has also led to similar situations. |
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Vision for the mandate 2016, para. 45e | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Increased education and public awareness-raising activities; |
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| 2016 | ||||
Witchcraft and the human rights of persons with albinism 2017, para. 64 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | In 2016, the Independent Expert, in collaboration with regional human rights mechanisms, launched a process towards the development of a regional action plan to address attacks against persons with albinism in sub-Saharan Africa. The action plan seeks to identify concrete measures for implementing recommendations made by various human rights and other bodies and to translate them into a concrete road map for action with time-bound measures. |
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Vision for the mandate 2016, para. 45c | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Prosecution of perpetrators of attacks against persons with albinism; |
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Witchcraft and the human rights of persons with albinism 2017, para. 46b | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They constitute discrimination against women or children and are harmful insofar as they result in negative consequences for them as individuals or groups, including physical, psychological, economic and social harm and/or violence and limitations on their capacity to participate fully in society or develop and reach their full potential; |
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| 2017 | ||||
Vision for the mandate 2016, para. 40 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Yet, there are several effective ways to prevent skin cancer, including the use of sun protection cream, which is topically applied, or wearing sun-protective clothing with long sleeves, wide-brimmed hats and sunglasses. Given the accessibility and effectiveness of protective clothing, skin cancer could be significantly prevented at little cost with the right level of public education and early intervention programmes targeting persons with albinism and their families. |
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| 2016 | ||||
Witchcraft and the human rights of persons with albinism 2017, para. 29 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Although both children and adults are victims of attacks for the removal of body parts, civil society reports that children constitute the majority of victims. The apparent targeting of children is reportedly linked to the pursuit of innocence, which is believed to enhance the potency of the muti or juju. Further, children are more vulnerable to attacks because they are easy to find and capture and do not have the physical strength to fend off attackers. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 25 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | In addition, such fear of contagion can be extended to objects touched by persons with albinism. In the words of a person with albinism, "some people will not touch what I touch. In the bus no one wants to sit next to me. People don't want to shake hands with me, share utensils, touch me or come near". Similarly, another person with albinism reported that people refuse to share a taxi with him. Further, as a result of such beliefs, people are sometimes reluctant to eat any food that has been touched by persons with albinism. This is particularly stigmatizing in a context where persons eat from a common pot. It also raises difficulties for persons with albinism working at markets, as customers may prefer other sellers. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 83 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | [The Independent Expert makes the following recommendations to States affected by attacks against persons with albinism:] [Legal action] Consider regulating the practice of traditional medicine where ambiguity exists, in practice, between witchcraft on the one hand and traditional, herbal or alternative medicine on the other. Such regulation might include an effective monitoring mechanism that reaches rural, remote and border areas, particularly where attacks against persons with albinism have been reported; |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 54 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The Human Development Index, which is a strong indicator of poverty and correlating factors, showed in 2014 that of the 26 countries where attacks have been reported, 20 were listed as countries with a low human development coefficient; the other six affected countries were listed in the medium human development category. That said, it is noteworthy that, overall, the affected countries had a level of income inequality that ranged from relative equality to relative inequality, with a GINI coefficient range of 30.8 to 63.9, the average for all 26 countries being 44.3. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 66 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Witchcraft is therefore, at least in part, a means of reconciling the traditional with the modern, the former promising to answer questions deemed unanswered by the latter. However the explanations provided by witchcraft are often not grounded on fact but are based on myths and pre-existing beliefs, for which the witchdoctor has a solution at a price. The situation bears strong elements of fraud. To the extent that it solves socioeconomic problems, at best, it supplies only a limited form of social justice and equity as it fails to address the real causes of problems and ultimately leads people to resign themselves to their "misfortunes" instead of accurately understanding and resolving them. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 75 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The characterization of persons with albinism in films and literature has largely been belittling, negative and caricature-peddling. Although there is reason to be optimistic on the basis of new trends in the past five years, there remains a lot of work to be done because "modern movies, novels, television programs, etc. still insist on using albinism for its shock value…¸ rather than present the facts about the condition since these do not lend themselves to an interesting story. Storytellers choose to use the physical appearance of albinism to invent their own fantasies, and expose their own superstitions and fears" [about the condition]. It has also been reported that the Nigerian film industry, by similarly portraying persons with albinism and normalizing witchcraft, contributes to the spreading of myths and encourages resort to witchdoctors in times of misfortune or hardship. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 49 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Civil society reports nearly 500 cases of attacks against persons with albinism across 26 countries. They include various forms of attack, including physical assault, murder and sexual violence tied to witchcraft beliefs and practices. In relation to the relatively small numbers of persons with albinism, usually in the single digits of thousands to tens of thousands per country, this number of cases is highly concerning. Moreover, these are reported cases alone. Civil society activists on the issue believe far more cases go unreported owing to family collusion and the secrecy surrounding witchcraft practices. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 77 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The proportion of reported cases that have been prosecuted is small. This is due to the interplay of several factors, including lack of resources and specialization on the part of law enforcement, such as the absence of electronic databases and the need for enhanced forensic capacity. Similarly, where investigation has an international element, such as cross-border trafficking of persons or body parts, complications often arise, highlighting the lack of international law enforcement cooperation. Such factors are detrimental to a coherent judicial response. Police corruption has also been reported as a factor in the unwillingness to prosecute cases. |
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Vision for the mandate 2016, para. 27 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | In addition, as a protection measure, children have been transported to shelters, including police stations, schools or centres built for other needs, such as for people living with leprosy. Most of these shelters were neither designed nor prepared for an influx of persons with albinism, nor are they equipped to address the special needs of persons with albinism. Reports show that inhabitants with albinism are exposed to early skin cancer risk and various forms of abuse. Furthermore, as pointed out by the Human Rights Council Advisory Committee in its study on the situation of human rights of persons living with albinism, an assessment by the OHCHR field presence of the situation of displaced persons with albinism in Burundi showed the precarious security situation of some of them and the negative impact of the measure on the right to an adequate standard of living. |
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| 2016 | ||||
Vision for the mandate 2016, para. 33 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Discrimination, stigma and bullying of persons with albinism owing to their appearance have been reported in all regions of the world, to varying degrees. Such discrimination has been described as discrimination based on skin tone or shade, including within the same ethnic group. While discrimination based on skin colour is an everyday reality for most persons with albinism, discourse on discrimination based on colour has rarely been applied to albinism. This is for various reasons such as the lack of visibility of albinism, until very recently, the lack of understanding of what persons with albinism experience and lastly, but perhaps most significantly, strong historical ties of racial discrimination discourse to race or ethnicity. Yet, there is potential to address albinism under the International Convention on the Elimination of All Forms of Racial Discrimination, as the governing concept is not "race" but "racial discrimination", which may be based on any of five "grounds": race, colour, descent, national origin and ethnic origin. |
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| 2016 | ||||
Vision for the mandate 2016, para. 46 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The Independent Expert is of the view that specific measures to end attacks against persons with albinism should include immediate investigation of allegations and prosecution of alleged perpetrators, legal representation and adequate protection for victims and witnesses and sensitization of the judiciary and law enforcement officers on the issue. Furthermore, protection measures for persons with albinism should be adopted and implemented in their communities. Victims of attacks should be provided with the appropriate remedy and redress, not only legal, but also social, psychological and medical. The Independent Expert will also seek the adoption of measures to prevent the trafficking in body parts, as well as specific measures for improving conditions at temporary shelters for displaced persons with albinism and the execution of safe strategies for reintegrating them into their homes and communities. In that regard, she encourages international and regional cooperation. |
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Vision for the mandate 2016, para. 36 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Legal frameworks for the enjoyment of human rights by persons with disabilities, including the Convention, could address issues faced by persons with albinism on the basis of their vision impairment. The Convention in particular identifies areas where adaptations have to be made so that persons with disabilities can fully enjoy their human rights, including access to education, employment, information and health care. Furthermore, the Convention has established as principles respect for inherent dignity, equality of opportunity, full and effective participation and inclusion in society and non-discrimination. On that basis, urgent measures could be implemented to address pressing issues relating to the visual impairment of persons with albinism. However, those measures would need to be combined with other measures designed to address other forms of discrimination faced by persons with albinism as well as to address attacks and to ensure access to health care. |
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Witchcraft and the human rights of persons with albinism 2017, para. 17 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | In the international human rights framework, persons with albinism have normative protection in the International Bill of Rights covering all their fundamental human rights, including the rights to life, physical integrity, liberty, security, the highest attainable standard of physical and mental health and an adequate standard of living. Further protection can be found in specific instruments, including the Convention on the Rights of Persons with Disabilities and the International Convention on the Elimination of All Forms of Racial Discrimination, which proscribes "racial discrimination" based on colour. |
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Witchcraft and the human rights of persons with albinism 2017, para. 66 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Measures identified can be implemented by integrating them into existing, broader frameworks, including laws and policies to implement the rights of persons with disabilities, on access to health, on the rights of women and children, on access to justice services, on victim support services and to eliminate racial discrimination (including discrimination based on colour). Such measures should be extended to the family members of persons with albinism and, in particular, to mothers of children with albinism and women generally. At the same time, specific measures of protection and anti-discrimination for persons with albinism should also be carried out where possible, particularly in countries affected by attacks against persons with albinism and where neglect of this group has been historical and dire. |
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Witchcraft and the human rights of persons with albinism 2017, para. 65 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The Independent Expert emphasizes the need to incorporate in the plan, as in all initiatives on the issue, a dual or twin-track approach. This includes, on the one hand, an emergency and priority response in the area of protection against and prevention of attacks and, on the other hand, the adoption of long-term policies to fight discrimination; address rampant myths, dangerous misconceptions, stigma and witchcraft practices affecting persons with albinism; and ensure full enjoyment by those persons of their socioeconomic rights, among others. |
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Witchcraft and the human rights of persons with albinism 2017, para. 91 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | Witchcraft practice, in particular the use of body parts of persons with albinism for muti or juju, is undeniably one of the main root causes of attacks against persons with albinism. However, owing to challenges in conceptualizing "witchcraft" using objective elements, attempts at establishing clear legal boundaries around such practices - including to deter related harmful practices - have been elusive. One key exception is witchcraft accusations, an aspect of witchcraft practice that can be, and has been, legally captured with objective elements because there is no need to define "witchcraft" itself to achieve the purpose of preventing accusations and related violence. |
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Witchcraft and the human rights of persons with albinism 2017, para. 69 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | It is likely that similar laws, including those inherited from the colonial era, when examined in the light of the principles of human rights, including the rule of law and the right to a fair trial, would lead to outcomes similar to the ones prescribed by the Commission. They include repealing outdated legislation on witchcraft, while emphasizing the necessity of sanctioning persons who accuse others of witchcraft; making it generally known that harmful practices related to witchcraft would be prosecuted; and ensuring that mere belief in witchcraft is not criminalized. However, as witchcraft in general has yet to feature prominently on the radar of human rights mechanisms, the initiation of a system-wide approach, beginning with a scaled-up version of the exercise conducted in Papua New Guinea, including an exercise in definition, is timely. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 62 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The insecurity of persons with albinism is directly affected by their poor living conditions. Some abductions and attacks have reportedly occurred in houses that do not have the most basic security features, including windows, wooden doors or locks. Most families living in such conditions do not have access to a phone line to call for help and do not have any means of transportation to rush persons who have been attacked to the closest medical facilities. |
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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 82 | 19 août 2019 | Paragraph | Independent Expert on the enjoyment of human rights by persons with albinism | Non-negotiated soft law | Special Procedures' report | The recommendations below, with the exception of those on witchcraft, have been identified through wide consultation with relevant stakeholders. They were identified by the 150 participants, including participants from civil society, government and national human rights institutions, in the Consultative Forum: Action on Albinism in Africa, hosted by the Independent Expert in Dar es Salaam, from 17 to 19 June 2016. |
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