Search Tips
sorted by
30 shown of 30 entities
Hate speech and incitement to hatred against minorities in the media 2015, para. 45
- Paragraph text
- The International Covenant on Civil and Political Rights prohibits "any propaganda for war" as well as "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence" (art. 20).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 63
- Paragraph text
- Even if such crimes pass the first stage in the process, there are long pretrial periods and the acquittal rates for these crimes are extremely high. Lower castes are also disproportionately represented in pretrial detention, owing to indiscriminate arrests, slow investigations and prosecutions, weak legal aid systems and inadequate safeguards against lengthy detention periods.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 105
- Paragraph text
- The Special Rapporteur urges States to adopt domestic legislation, in conformity with article 20 of the International Covenant on Civil and Political Rights, prohibiting any "advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 60
- Paragraph text
- The Special Rapporteur considers that, while much attention is rightly paid to legal responses to hate speech, equal attention and discussion should be dedicated to non-legal and social responses. She was impressed by community initiatives, in which hate groups have been confronted and halted by ordinary citizens, and alternative and creative ways that have been initiated to tackle hate speech.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 44
- Paragraph text
- The Convention on the Prevention and Punishment of the Crime of Genocide recognizes that genocide is an international crime, which entails the national and international responsibility of individual persons and States. According to article 3 of the Convention, the following acts shall be punishable: (a) genocide; (b) conspiracy to commit genocide; (c) direct and public incitement to commit genocide; (d) attempt to commit genocide; and (e) complicity in genocide.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 87
- Paragraph text
- Media outlets can actively engage in fighting incitement to hatred and violence in the media by adopting principles and guidelines of ethical and responsible journalism to improve the quality of information and reporting to avoid bias, prejudice and manipulation, as well as by promoting diversity among media workers and investing in adequate training for media professionals.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 46
- Paragraph text
- The requirement of "impartial tribunal" as an aspect of the right to fair trial signifies that judges not only must be free from any actual prejudice but also must "appear to a reasonable observer to be impartial". In assessing whether conduct by a judge vis-à-vis a minority individual violates this standard, one should consider specifically how members of the minority would perceive that conduct.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 39
- Paragraph text
- Access to legal assistance often determines whether a person can participate in court proceedings in a meaningful way. The right to a fair trial under international and regional standards includes the right to a lawyer, free of charge if necessary, wherever the interests of justice so requires, at all stages of the process, including in police custody and pretrial detention.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 22
- Paragraph text
- The exercise of police powers on the basis of such racial or ethnic profiling has been held to violate international human rights law. Increased general surveillance of members of a particular religious faith, solely on the basis that some believers have engaged in terrorist or other crimes, would raise similar concerns.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 32
- Paragraph text
- Public participation is a broad concept. It comprises the right to take part in the conduct of public affairs, the right to vote and to be elected, and to have access to public services. Moreover, it entails participation in governmental bodies, the judiciary and other agencies of the criminal justice system, decentralized and local forms of government, consultation mechanisms, as well as through cultural or territorial autonomy arrangements.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 58
- Paragraph text
- A six-part test has been developed by the NGO Article 19 to determine the appropriate threshold for assessing the types of expressions constituting "incitement to hatred": (1) context of the expression, including consideration of existing conflicts within society, existence and history of institutionalized discrimination, history of clashes and conflicts over resources, the legal framework and the media landscape. In relation to media, issues to be examined include censorship, existence of barriers to establishing media outlets, limits to the independence of the media or journalists, broad and unclear restrictions on the content to publish or broadcast and evidence of bias in the application of the restrictions, absence of criticism of government or wide-ranging policy debate in the media and access by the audience to a range of alternative and easily accessible views and speeches; (2) speaker, including consideration of his/her official position, level of authority or influence over the audience and whether the statement was made by a person in his/her official capacity. Politicians and public officials or persons of similar status should be given special consideration; (3) intent of the speaker to incite hatred, not mere recklessness or negligence; (4) content of the expression, including what was said, the targeted audience and the targeted potential victims, tone and form of the speech; (5) extent and magnitude of the expression, including the means of dissemination (press, audiovisual media, work of art, etc.); (6) likelihood of harm occurring, including its imminence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 34
- Paragraph text
- The present thematic study provides an overview of the role of media in relation to hate speech and incitement to hatred and violence. It refers to the role of international standards and processes with regard to the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and will address the major challenges to combating hate speech in the media. Different measures and good practices that can be implemented by States and civil society actors will be analysed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Priorities for the work of the Independent Expert and the twentieth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 2012, para. 25
- Paragraph text
- The independent expert will seek to consult with Governments, religious communities and leaders, and other stakeholders to highlight the need for appropriate security for individuals and communities and to contribute the resources of her mandate to help in finding solutions to interreligious tensions and promote inter-faith dialogue. She will seek examples of positive practices from all regions that have the objective of enhancing security, mutual understanding, promoting dialogue, establishing cooperation and ensuring the peaceful coexistence of diverse religious groups.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 13
- Paragraph text
- The right to liberty and security of person, prohibition of torture and other ill treatment, right to a fair trial, right to privacy, and right to life are relevant to surveillance, stop and search, use of force, arrest, questioning, pretrial detention, criminal trial and sentencing. Additional United Nations and regional instruments address these issues in greater detail.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 106
- Paragraph text
- Legislation must fully respect the right to freedom of speech and expression and avoid any arbitrary or abusive interpretation of anti-hate speech laws. States should establish proportionate thresholds for the assessment of forms of expression which may amount to incitement to hatred, including careful consideration, on a case-by-case basis, of the context, speaker, intent, content, extent or magnitude and likelihood or probability of harm occurring. Legislation prohibiting incitement to hatred should provide effective and adequate remedies to victims, including civil remedies for damages, and guarantee the right of correction and reply.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 54
- Paragraph text
- In order to develop consistent and effective legislation and measures to prohibit and penalize incitement to hatred, hate speech should not be confused with other types of inflammatory, hateful or offensive speech. As experts have stated, the intended or actual effects of speech can be a useful indicator to distinguish incitement to hatred from other categories of hate speech: in the case of incitement to hatred, the speaker seeks to provoke reactions on the part of the audience, specifically to influence the audience to share the views expressed or implied in the speech and to respond against the victim groups with hostility, discrimination or violence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 53
- Paragraph text
- Discussion over what constitutes hate speech poses a recurring dilemma vis-à-vis the right to freedom of expression and its limits. It remains necessary to protect freedom of expression while at the same time guaranteeing the rights of others, public order and, in some cases, national security. Nevertheless, as stressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, far from being incompatible, the right to freedom of opinion and expression and the prohibition of incitement to hatred are "mutually supportive", as the public debate of ideas as well as interfaith and intercultural dialogue can prevent hate and intolerance.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 46
- Paragraph text
- The International Convention on the Elimination of All Forms of Discrimination obligates States to condemn "all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination" (art. 4). Furthermore, three situations constitute offences punishable by law: (a) all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (b) organizations, organized and all other propaganda activities which promote and incite discrimination-which must be declared illegal and prohibited-, and participation in such organizations or activities; (c) promotion or incitement of racial discrimination by public authorities or public institutions, national or local.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 96
- Paragraph text
- States should ensure that individuals are not selected for identity checks, questioning, stops and searches, surveillance or other policing measures solely or primarily on the basis of their membership in a minority. Use by the police of their power to conduct identity checks or to stop and search individuals should be based on the requirement of individualized suspicion; and the use of broader preventive powers should be strictly circumscribed. Police should be required to record the reason for stopping, questioning or searching any person and to provide the person with a copy of the record.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 73
- Paragraph text
- Each witness should be free to choose a form of oath that he or she considers appropriate to his or her religion, or to make a secular affirmation.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 44
- Paragraph text
- It has been suggested that harsher sentencing can result from bias introduced by interpretation, because of cultural differences unintentional expression of the interpreter's preconceptions, or negative perceptions of the accused's or the witness's credibility by the court or jury due to interpretation. Caution must be exercised when using a non-certified translator or interpreter, and all interrogation and other records should specify the identity and status of any such person. If translation is a minimum requirement in all cases, it is clear that it does not necessarily provide the fullest possible guarantee of fairness.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 41
- Paragraph text
- Access to an interpreter is an essential fair trial guarantee for any person accused who does not understand the language in which the proceedings will be conducted. This right, however, is not always fully implemented or respected in practice.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 38
- Paragraph text
- Where States have religious courts, they must ensure the rights of those not belonging to the same religion, through exercise of their right to choose whether they wish to be tried by a religious or a secular court, and the availability of appeals in all cases.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 37
- Paragraph text
- Even in the absence of such courts, States should ensure that the cultural background of the accused, the victims and the witnesses is appropriately recognized, respected and accommodated by the authorities throughout criminal proceedings.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 14
- Paragraph text
- For minority victims of crime, standards on the right to effective remedy and reparation, and to participation and protection in the criminal justice process, are relevant.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 82
- Paragraph text
- If the Government manifestly demonstrates its refusal or inaction to stop the crimes, collective action should be urgently considered. Under the third pillar of the strategy for the implementation of the responsibility to protect, Member States have the responsibility "to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter of the United Nations, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity" (see A/66/874-S/2012/578, para. 2). Such collective action may include sanctions, embargoes and restrictions on cooperation. Ultimately, the use of force can be authorized by the Security Council. In situations in which there is an imminent or ongoing killing of civilian populations, measures must be established to enable appropriate and rapid intervention.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 55
- Paragraph text
- All of the above might be forced upon them on the grounds that it is "respectful" of the laws of their religion, but may do so without asking them what their religion or belief is, how they interpret it and which legal system they ascribe to. Most worryingly, it may do so without giving them any opportunity for a civil alternative, any option for exit from such legal provisions and, indeed, no opportunity for adopting or changing their religion or belief. The State should not only be mindful of these vast arenas of discrimination, which may indeed have a coercive impact on the freedom to hold religion or belief, but needs to ensure that it fulfils its due diligence obligations with respect to all such violations. This includes obligations with respect to violations that may result from the actions of non-State actors, and violations that may primarily occur in the private sphere.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 38
- Paragraph text
- Article 25 of the International Covenant on Civil and Political Rights places explicit emphasis on non-discrimination in the exercise of the rights contained therein, as they are to be enjoyed "without any of the distinctions mentioned in article 2 [of the Covenant]". Article 2 secures the respect for the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, political or other opinion, national or social origin, property, birth or other status. This basic principle of prohibition of discrimination is repeated elsewhere in the Covenant and articulated in a number of instruments.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 36
- Paragraph text
- The United Nations Human Rights Committee has interpreted the conduct of public affairs broadly as the exercise of power in the legislative, executive and administrative branches. In the view of the Committee, the provision covers all aspects of public administration, including the formulation and implementation of policy at international, national, regional and local levels. Furthermore, citizens may participate in the conduct of public affairs directly or indirectly. Once a mode of participation is established, no distinction should be made between citizens as regards their participation on such grounds as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and no unreasonable restrictions should be imposed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 35
- Paragraph text
- The right to effective participation, the prohibition of discrimination and special measures are firmly rooted in international human rights law. The right of all persons to take part in the conduct of public affairs, directly or through freely chosen representatives, as well as to vote and be elected in genuine periodic elections is affirmed in article 25 of the International Covenant on Civil and Political Rights. This provision is an elaboration of article 21 of the Universal Declaration of Human Rights, which states: "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
30 shown of 30 entities