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Minorities in the criminal justice system 2015, para. 63
- Paragraph text
- Minority victims of crimes are entitled to equal access to justice and reparation; indeed, the special needs of minorities should be taken into account in the provision of victim services and assistance. In practice however, these rights are often not respected or fulfilled.
- 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
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 57
- Paragraph text
- In the following paragraphs, the Special Rapporteur highlights issues that have consistently emerged during the course of her work, including country visits, which she considers as requiring greater attention by Governments, the international community and minority groups.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 74
- Paragraph text
- Rules of general application concerning formalities, such as appropriate dress in the courtroom (removal of headwear for instance), may, if applied without exception, be perceived as means of excluding or denigrating minorities, negatively impacting on their participation, cooperation and attitude towards the court.
- 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
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 51
- Paragraph text
- Independent professional bodies for judges, prosecutors and lawyers should ensure that codes of conduct prohibit discrimination against minorities, that complaints of discrimination are promptly and impartially investigated, and that disciplinary proceedings follow whenever complaints are well founded.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- 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. 53
- Paragraph text
- During the course of 2012 the independent expert looks forward to participating in a variety of events to mark the 20th anniversary. Among these events will be a series of sub-regional conferences organized by the Office of the High Commissioner for Human Rights and hosted by some of its regional offices. These events will seek to bring together a variety of stakeholders from the regions in question including representatives of national Governments, civil society actors working in the field of minority rights, and regional staff from OHCHR and United Nations specialized agencies. The events will promote awareness of the Declaration and consider specific issues most relevant to minorities in the region in question. Regional events will also provide a valuable opportunity for the independent expert and OHCHR to deliver the recommendations of the Forum on Minority Issues and other relevant recommendations, guidelines and resources to decision makers and stakeholders in a sub-regional context.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 87
- Paragraph text
- During her tenure, the Special Rapporteur has promoted the work of and the recommendations emanating from the Forum on Minority Issues in other forums. As a regional follow-up activity to the Forum, she travelled to Banjul in April 2013 to attend the fifty-third ordinary session of the African Commission on Human and Peoples' Rights where, among other activities, she organized a public side event with the participation of Commissioner Soyata Maïga, who served as Chair of the fifth session of the Forum. That event provided an opportunity to brief the participants about the mandate and the Forum, and to share information related to minorities with different African human rights mechanisms. In November 2015, the Special Rapporteur organized a side event during the eighth session of the Forum to consider, inter alia, ways to improve the structure and working methods of the Forum, to share best practices on how to better mainstream its recommendations and to discuss how United Nations mechanisms, in particular the Forum, could remain relevant for and accessible to minorities on the ground. In October 2016, on the occasion of the presentation of her report to the General Assembly, she convened a consultative session in New York that served as an opportunity to discuss the draft recommendations of the Forum ahead of its ninth session as well as to raise awareness of the work of the Forum outside Geneva and engage relevant stakeholders in New York.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 86
- Paragraph text
- The mandate of the Special Rapporteur thus complements and enhances the work of the Forum, and the Special Rapporteur has fostered the complementary and mutual reinforcement of both mechanisms throughout her tenure. She has guided a total of six sessions of the Forum on the following themes: "Guaranteeing the rights of minority women" (2011), "Implementing the United Nations declaration on minority rights: identifying positive practices and opportunities" (2012), "Guaranteeing the rights of religious minorities" (2013), "Preventing and addressing violence and atrocity crimes targeted against minorities" (2014), "Minorities in the criminal justice system" (2015) and "Minorities in situations of humanitarian crises" (2016). Since 2013, the Special Rapporteur has devoted her annual thematic report to the General Assembly to the same topic as the Forum session, as a means to contribute to and inform the discussions within the Forum. The Special Rapporteur notes that the themes she selected for the annual sessions focused on areas that had emerged as particularly concerning or problematic for minorities and where they believed that minority rights should be better applied and mainstreamed. She believes that the Forum makes a vital contribution to deepening international understanding on these important and topical areas as well as to international standard and norm setting.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 84
- Paragraph text
- The Special Rapporteur encourages United Nations offices and agencies, Member States and civil society and minority representatives to organize specific initiatives to mark this important anniversary to further promote awareness of the Declaration and consider specific issues most relevant to minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 64
- Paragraph text
- In some instances, States are reluctant to recognize the existence of minority groups within their territories, and therefore reject the concept of "minority" and the recognition of minority status for those groups. In other cases, States legally recognize certain groups as minorities in their constitution, but apply restrictive definitions or discriminatory criteria, for example, when introducing citizenship as a distinguishing criterion for granting minority rights (ibid., para. 10).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 60
- Paragraph text
- The Special Rapporteur is concerned that in some regions and in several countries, minority rights protection is not seen to be important, or even relevant, owing to deliberate denial or lack of understanding of its legitimacy. There is a need for stronger awareness-raising on what the entire minority rights protection regime entails, that it also includes wide-ranging issues around religious and linguistic identity, and that the effective promotion and protection of the rights of minorities contribute to the political and social stability of States and, therefore, are always timely and important. It is essential to understand that majority-minority relations should be assessed not only from a national perspective but also specifically in the context of smaller territorial and local levels, where the dynamics and dimensions of identity, ethnicity, religion, language and access to power and resources are frequently more important and play a greater role in the daily lives of individuals and communities. The notions of "majority" and "minority" may be interchangeable and depend on the particular context, as a group that constitutes a dominant majority nationally or regionally may be numerically inferior and non-dominant in another region. Therefore, minority rights standards must also be applied to those groups constituting de facto minorities in the localities where they live.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 50
- Paragraph text
- The Special Rapporteur sought further opportunities to build on the work of the previous mandate holder on the role of minority rights protection in conflict prevention presented to the General Assembly in 2010 and the Human Rights Council in 2011, and dedicated her report to the General Assembly in 2014 (A/69/266) as well as the seventh session of the Forum on Minority Issues to preventing and addressing violence and atrocities against minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 35
- Paragraph text
- The Forum on Minority Issues continued to serve as a unique platform for dialogue between minority representatives, civil society, academia, United Nations agencies and Member States on the challenges and progress made relevant to minority rights protection. In section E below the Special Rapporteur discusses the current state of the Forum and makes recommendations on how to improve it further.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 47
- Paragraph text
- The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities requires States to take measures to ensure "that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law" (art. 4 (1)).
- 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
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Minorities in situations of humanitarian crises 2016, para. 50
- Paragraph text
- Indeed, displacement of minority communities continued unabated in 2014 and 2015. In Iraq, visited by the Special Rapporteur in February 2016, the Yezidi minority have been targeted on the basis of their identity by the Islamic State, and forced to flee their homes, in particular in Sinjar, Northern Iraq. Other Iraqi minority communities, including Christians, Turkmen, and certain Sunni Arab tribes, have also been particularly exposed to attacks by members of the Islamic State.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Minorities in situations of humanitarian crises 2016, para. 41
- Paragraph text
- Finally, UNHCR's Working with National or Ethnic, Religious and Linguistic Minorities and Indigenous Peoples in Forced Displacement (2011) is a very useful tool which acknowledges the potential vulnerabilities of minorities who are displaced, and recognizes that these obstacles may be multiplied during forced displacement and increase protection risks.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Minorities in situations of humanitarian crises 2016, para. 35
- Paragraph text
- The Inter-Agency Standing Committee (IASC), the primary mechanism for inter-agency coordination of humanitarian assistance, has developed Operational Guidelines on protection of persons in situations of natural disaster. This document also contains important references to minorities and an annex on the protection of specific groups, cross-referencing the relevant guidelines.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Minorities in situations of humanitarian crises 2016, para. 34
- Paragraph text
- Underlying International Humanitarian Law are the principles of humanity, impartiality, neutrality, and independence, and the key norm of "Do no harm". In the context of minority rights, this is inherently interlinked with the principle of non discrimination, and therefore all humanitarian action should therefore strive to treat minorities equally, without adverse distinction.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Minorities in situations of humanitarian crises 2016, para. 33
- Paragraph text
- Given that minorities are often at risk of statelessness, the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness are also relevant. Article 9 of the 1961 Convention stipulates that "A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 93
- Paragraph text
- Participation of minorities in the media landscape encompasses the possibility for minority professionals to work in media outlets. Some media outlets have developed specific programmes and internships to recruit and train minority media workers in order to promote ethnic diversity in the newsrooms and press offices.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 91
- Paragraph text
- Several self-regulatory media bodies have started to operate in Africa, some of them in countries with a history of hate speech and incitement to violence against minority groups. The Rwanda Media Commission was established in 2013 with the mandate to promote ethical journalism, defend media freedom and adjudicate complaints against the media; some commentators have alleged censorship and serious restrictions on media freedoms.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 83
- Paragraph text
- Participation of minorities in designing laws and policies and advising on procedures is important to ensure that these laws, policies and procedures are vetted for any disproportionate impact on minorities. This implies better representation of minorities within all branches of government and a greater degree of consultation with the relevant communities.
- 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
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 79
- Paragraph text
- Minorities are largely underrepresented in law enforcement agencies, judiciaries, prosecution services and legal professions around the world. Diversity not only reinforces the legitimacy of the criminal justice process, but also ensures that it can draw on the range of experiences of the society as a whole, and contributes to ensuring effective minority participation.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 68
- Paragraph text
- Minorities may be at higher risk generally of being victims of ordinary crime, or may need access to justice and reparation particularly in relation to hate crimes motivated by their minority status. Yet, many jurisdictions lack definitions and working protocols for the recording, investigation and prosecution of hate crimes. This leads to the rapid erosion of minorities' trust in justice. Responding effectively to hate crimes can assist in rebuilding trust.
- 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
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 66
- Paragraph text
- Members of a minority may also view the justice system as a whole as "alien" and to be avoided, particularly if the State has failed to make efforts to guarantee effective participation of the minority by ensuring: that minorities are represented in the police, judiciary, prosecution and legal profession; that law enforcement agencies have an accessible and welcoming physical presence in the community; and that practices and symbols of the justice system are inclusive of the minority.
- 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
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 56
- Paragraph text
- International standards recognize that proactive measures designed to protect and promote the rights of prisoners with special needs are required. As recognized by the Luanda Guidelines on the Conditions of Arrest, Police Custody and Pretrial Detention in Africa, this requirement should be understood to include vulnerable minorities. Such measures, including special programmes for minority women and children in custody, should be developed in consultation with the affected prisoners and minority communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 48
- Paragraph text
- States parties should strive firmly to ensure the absence of discriminatory prejudice against minorities on the part of judges, jury members and other judicial personnel. States should also prevent all direct influence by pressure groups, ideologies or religions on the functioning of the system of justice and on the decision of judges, which may have a discriminatory effect on certain groups.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 45
- Paragraph text
- Numerous States go beyond these minimum provisions and provide for the right of certain linguistic minorities to have the proceedings themselves conducted in their own language. This may apply to the territory of the State as a whole or to a particular region. Wherever possible, such an approach is to be encouraged, as it contributes to the fairness of the proceeding, equality, promotion of identity and effective participation.
- 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
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 32
- Paragraph text
- Particularly in legal systems where police and prosecutors have greater discretion over pretrial detention, such detention may be deployed against minorities as a form of duress in order to punish, obtain confessions or make it easier to fabricate evidence. Indeed, in some countries, the criminal justice system may at times contribute to the oppression of certain minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 30
- Paragraph text
- Minorities may face more frequent or longer periods of pretrial detention owing to: lack of access to a lawyer; lesser quality of the lawyers assigned to them; discriminatory attitudes shown by police and prosecutors, judges or even the lawyers assigned to defend them; ill preparedness with respect to responding to criminal procedures owing to poverty, stigmatization or lack of knowledge; or socioeconomics-related inability to post bail or otherwise meet conditions for release.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 28
- Paragraph text
- The Optional Protocol to the Convention against Torture requires, inter alia, the establishment of independent national preventive mechanisms empowered to carry out visits to all places of detention; the Protocol specifies that the mechanisms should include "adequate representation of ethnic and minority groups in the country".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph