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Follow-up to the Durban Review Conference 2009, para. 1

Paragraph text
Welcoming the adoption of the Outcome Document of the Durban Review Conference, held at the United Nations Office at Geneva from 20 to 24 April 2009,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2009
Date added
Aug 19, 2019
Paragraph

Article 1, paragraph 1, of the Convention (Descent) 2002, para. 12

Paragraph text
Commending the efforts of those States that have taken measures to eliminate descent based discrimination and remedy its consequences,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2002
Date added
Aug 19, 2019
Paragraph

Discrimination against non-citizens 2004, para. 5

Paragraph text
Recognizing the need to clarify the responsibilities of States parties to the International Convention on the Elimination of All Forms of Racial Discrimination with regard to non citizens,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2004
Date added
Aug 19, 2019
Paragraph

The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 33

Paragraph text
The reference in article 2, paragraph 2, regarding the objective of special measures to ensure "adequate development and protection" of groups and individuals may be compared with the use of the term "advancement" in article 1, paragraph 4. The terms of the Convention signify that special measures should clearly benefit groups and individuals in their enjoyment of human rights. The naming of fields of action in the paragraph - "social, economic, cultural and other fields" - does not describe a closed list. In principle, special measures can reach into all fields of human rights deprivation, including deprivation of the enjoyment of any human rights expressly or impliedly protected by article 5 of the Convention. In all cases, it is clear that the reference to limitations of "development" relates only to the situation or condition in which groups or individuals find themselves and is not a reflection on any individual or group characteristic.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • N.A.
Year
2009
Date added
Aug 19, 2019
Paragraph

Article 1, paragraph 1, of the Convention (Descent) 2002, para. 8

Paragraph text
Noting that the existence of such discrimination has become evident from the Committee's examination of reports of a number of States parties to the Convention,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2002
Date added
Aug 19, 2019
Paragraph

Article 6 of the Convention 2000, para. 1

Paragraph text
The Committee on the Elimination of Racial Discrimination believes that the degree to which acts of racial discrimination and racial insults damage the injured party's perception of his/her own worth and reputation is often underestimated.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • N.A.
Year
2000
Date added
Aug 19, 2019
Paragraph

Article 3 of the Convention 1995, para. 2

Paragraph text
The Committee believes that the obligation to eradicate all practices of this nature includes the obligation to eradicate the consequences of such practices undertaken or tolerated by previous Governments in the State or imposed by forces outside the State.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1995
Date added
Aug 19, 2019
Paragraph

Successor States 1993, para. 1

Paragraph text
Encourages successor States that have not yet done so to confirm to the Secretary General, as depositary of the International Convention on the Elimination of All Forms of Racial Discrimination, that they continue to be bound by obligations under that Convention, if predecessor States were parties to it;
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1993
Date added
Aug 19, 2019
Paragraph

Application of article 9 of the Convention 1993, para. 2

Paragraph text
With respect to this obligation of the States parties, the Committee has noted that, on some occasions, reports have made references to situations existing in other States.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1993
Date added
Aug 19, 2019
Paragraph

Technical assistance 1991, para. 2

Paragraph text
Recommends that the services of the staff of the Centre for Human Rights as well as of the experts of the Committee on the Elimination of Racial Discrimination should be utilized, as appropriate, in the conduct of such training courses and workshops.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Education
  • Equality & Inclusion
Person(s) affected
  • All
  • N.A.
Year
1991
Date added
Aug 19, 2019
Paragraph

Application of article 8, paragraph 1, of the Convention 1990, para. 4

Paragraph text
Strongly recommends that they respect unreservedly the status of its members as independent experts of acknowledged impartiality serving in their personal capacity.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1990
Date added
Aug 19, 2019
Paragraph

Application of article 8, paragraph 1, of the Convention 1990, para. 3

Paragraph text
Alarmed by the tendency of the representatives of States, organizations and groups to put pressure upon experts, especially those serving as country rapporteurs,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1990
Date added
Aug 19, 2019
Paragraph

Application of article 8, paragraph 1, of the Convention 1990, para. 1

Paragraph text
Considering that respect for the independence of the experts is essential to secure full observance of human rights and fundamental freedoms,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
1990
Date added
Aug 19, 2019
Paragraph

Implementation of article 4 1985, para. 1

Paragraph text
Recommends that those States parties whose legislation does not satisfy the provisions of article 4 (a) and (b) of the Convention take the necessary steps with a view to satisfying the mandatory requirements of that article;
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1985
Date added
Aug 19, 2019
Paragraph

Implementation of article 4 1985, para. 4

Paragraph text
Noting, however, that in a number of States parties the necessary legislation to implement article 4 of the Convention has not been enacted, and that many States parties have not yet fulfilled all the requirements of article 4 (a) and (b) of the Convention,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1985
Date added
Aug 19, 2019
Paragraph

Implementation of article 4 1985, para. 3

Paragraph text
Noting with satisfaction that in a number of reports States parties have provided information on specific cases dealing with the implementation of article 4 of the Convention with regard to acts of racial discrimination,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1985
Date added
Aug 19, 2019
Paragraph

Overdue reports 1982, para. 4

Paragraph text
Stating that at present no less than 89 reports are overdue from 62 States, that 42 of those reports are overdue from 15 States, each with two or more outstanding reports, and that four initial reports which were due between 1973 and 1978 have not been received,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1982
Date added
Aug 19, 2019
Paragraph

Reporting by States parties (article 7 of the Convention) 1977, para. 5

Paragraph text
Recalling that, in accordance with article 9, paragraph 1, of the Convention, the Committee may request further information from the States parties,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1977
Date added
Aug 19, 2019
Paragraph

Reporting by States parties (article 7 of the Convention) 1977, para. 1

Paragraph text
Bearing in mind the provisions of articles 7 and 9 of the International Convention on the Elimination of All Forms of Racial Discrimination,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • All
  • N.A.
Year
1977
Date added
Aug 19, 2019
Paragraph

Reporting by States parties 1972, para. 5

Paragraph text
The Committee expresses the view that measures adopted on the national level to give effect to the provisions of the Convention are interrelated with measures taken on the international level to encourage respect everywhere for the principles of the Convention.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1972
Date added
Aug 19, 2019
Paragraph

Reporting by States parties 1972, para. 1

Paragraph text
The Committee has considered some reports from States parties containing information about measures taken to implement resolutions of United Nations organs concerning relations with the racist regimes in southern Africa.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
1972
Date added
Aug 19, 2019
Paragraph

The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 7

Paragraph text
The principle of enjoyment of human rights on an equal footing is integral to the Convention's prohibition of discrimination on grounds of race, colour, descent, and national or ethnic origin. The "grounds" of discrimination are extended in practice by the notion of "intersectionality" whereby the Committee addresses situations of double or multiple discrimination - such as discrimination on grounds of gender or religion - when discrimination on such a ground appears to exist in combination with a ground or grounds listed in article 1 of the Convention. Discrimination under the Convention includes purposive or intentional discrimination and discrimination in effect. Discrimination is constituted not simply by an unjustifiable "distinction, exclusion or restriction" but also by an unjustifiable "preference", making it especially important that States parties distinguish "special measures" from unjustifiable preferences.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • N.A.
Year
2009
Date added
Aug 19, 2019
Paragraph

Follow-up to the Durban Review Conference 2009, para. 3d

Paragraph text
[Expresses its willingness:] To fully take into account in its activity the recommendations and conclusions retained in the Outcome Document of the Review Conference.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2009
Date added
Aug 19, 2019
Paragraph

Follow-up to the Durban Review Conference 2009, para. 8

Paragraph text
Expressing its satisfaction at the recognition by the Durban Review Conference of the role and contribution of the Committee in promoting the implementation of the Convention,
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2009
Date added
Aug 19, 2019
Paragraph

Combatting racist hate speech 2013, para. 47

Paragraph text
The Committee regards the adoption by States parties of targets and monitoring procedures to support laws and policies combating racist hate speech to be of the utmost importance. States parties are urged to include measures against racist hate speech in national plans of action against racism, integration strategies and national human rights plans and programmes.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2013
Date added
Aug 19, 2019
Paragraph

Combatting racist hate speech 2013, para. 45

Paragraph text
The relationship between proscription of racist hate speech and the flourishing of freedom of expression should be seen as complementary and not the expression of a zero sum game where the priority given to one necessitates the diminution of the other. The rights to equality and freedom from discrimination, and the right to freedom of expression, should be fully reflected in law, policy and practice as mutually supportive human rights.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • N.A.
Year
2013
Date added
Aug 19, 2019
Paragraph

Combatting racist hate speech 2013, para. 10

Paragraph text
The chapeau of article 4 incorporates the obligation to take "immediate and positive measures" to eradicate incitement and discrimination, a stipulation that complements and reinforces obligations under other articles of the Convention to dedicate the widest possible range of resources to the eradication of hate speech. In general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, the Committee summarized "measures" as comprising "legislative, executive, administrative, budgetary and regulatory instruments…as well as plans, policies, programmes and…regimes". The Committee recalls the mandatory nature of article 4, and observes that during the adoption of the Convention, it "was regarded as central to the struggle against racial discrimination", an evaluation which has been maintained in Committee practice. Article 4 comprises elements relating to speech and the organizational context for the production of speech, serves the functions of prevention and deterrence, and provides for sanctions when deterrence fails. The article also has an expressive function in underlining the international community's abhorrence of racist hate speech, understood as a form of other-directed speech which rejects the core human rights principles of human dignity and equality and seeks to degrade the standing of individuals and groups in the estimation of society.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
Person(s) affected
  • N.A.
Year
2013
Date added
Aug 19, 2019
Paragraph

Racial discrimination against people of African descent 2011, para. 65

Paragraph text
[Formulates the following recommendations addressed to States parties:] Act with determination to eliminate any discrimination against students of African descent.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
Person(s) affected
  • N.A.
Year
2011
Date added
Aug 19, 2019
Paragraph

Racial discrimination against people of African descent 2011, para. 64

Paragraph text
[Formulates the following recommendations addressed to States parties:] Consider adopting special measures aimed at promoting the education of all students of African descent, guarantee equitable access to higher education for people of African descent and facilitate professional educational careers.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Education
  • Equality & Inclusion
Person(s) affected
  • N.A.
Year
2011
Date added
Aug 19, 2019
Paragraph

Racial discrimination against people of African descent 2011, para. 60

Paragraph text
[Formulates the following recommendations addressed to States parties:] Develop and implement policies and projects aimed at avoiding the segregation of people of African descent in housing, and involve communities of people of African descent as partners in housing project construction, rehabilitation and maintenance.
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Topic(s)
  • Equality & Inclusion
  • Social & Cultural Rights
Person(s) affected
  • N.A.
Year
2011
Date added
Aug 19, 2019
Paragraph

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