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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
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 46
- Paragraph text
- The Universal Declaration of Human Rights establishes that all human beings are born free and equal in dignity and rights. The principle of inherent dignity of all persons permeates the entire Declaration; the preamble refers to this principle, together with the equality of human rights, as the "foundation of freedom, justice and peace in the world".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Minorities in situations of humanitarian crises 2016, para. 25
- Paragraph text
- A humanitarian crisis can be defined as the experience of a country, region or society of a total or considerable breakdown of authority resulting from internal or external conflict and which requires an international response that goes beyond the mandate or capacity of any single agency and/or the ongoing United Nations country programme.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 90
- Paragraph text
- States should implement fully the Declaration and other relevant regional and international human rights standards, including comprehensive anti-discrimination legislation that prohibits all forms of discrimination, and identify State agencies tasked with monitoring and combating discrimination.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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. 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. 97
- Paragraph text
- States should ensure that rules for use of force by police respect the principles of necessity and proportionality, and that intentional use of lethal force is restricted to situations where it is strictly unavoidable in order to save life. Discriminatory patterns of use of excessive or otherwise unlawful force should be independently and impartially investigated and the results should be publicized.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- 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
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 66
- Paragraph text
- The State also has due diligence obligations with regard to the enjoyment of human rights. Those obligations relate to preventing violations and protecting persons from them. When violations have occurred, the State has the obligation to appropriately investigate, to compensate victims and to exert serious efforts to prevent repetition. The prevention of violations relates to those carried out by non State actors and even in the private sphere.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 86
- Paragraph text
- States should implement comprehensive anti-discrimination legislation, including measures to prohibit discrimination by both State and private actors. Legislation must provide for effective, transparent enforcement mechanisms which can be accessed easily by all.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- 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
Protection of minority rights in conflict prevention 2010, para. 94
- Paragraph text
- States should implement comprehensive anti-discrimination legislation, including measures to prohibit discrimination by both State and private actors. Legislation must provide for effective, transparent enforcement mechanisms which can be accessed easily by all.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- 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. 100
- Paragraph text
- Civil society organizations have formed networks to combat cyberhate, lobby for international legislation against discrimination on the Internet and exchange information and best practices. The International Network Against CyberHate (INACH) comprises 15 organizations from different countries with the purpose of uniting and empowering organizations to promote respect, responsibility and citizenship on the Internet through countering cyberhate and raising awareness about online discrimination.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- 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. 114
- Paragraph text
- Internet service providers (ISPs) should establish detailed terms of service, guidelines and notice-and-takedown procedures regarding hate speech and incitement, in line with national legislation and international standards, and ensure transparent implementation of those polices. The Special Rapporteur encourages ISPs to collaborate with government and civil society organizations to combat hate speech, including providing adequate channels for the reporting of illegal hateful content posted on their services.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- 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. 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
Preventing and addressing violence and atrocities against minorities 2014, para. 90
- Paragraph text
- In 2008, Kenya established the National Cohesion and Integration Commission, following ethnically-based violence after the 2007 elections. The Commission is entrusted with facilitating and promoting a Kenyan society whose values are harmonious and non-discriminatory, with the aim of achieving peaceful coexistence and integration. The Commission conducts activities to combat discrimination and enhance tolerance and management of diversity, and advises the Government in the promotion of harmony and peaceful coexistence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 64
- Paragraph text
- Good and inclusive governance and political will are paramount. Governments have the primary responsibility to prevent violence and the greatest capacity to deal with issues that might lead to violence, including hate speech and gross inequalities. They can lead efforts that involve numerous governmental and public bodies, including law enforcement bodies that are multisectoral and involve the participation of many different actors. An independent and efficient judiciary is key to ensuring timely accountability and to strengthening democracy and the rule of law.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 43
- Paragraph text
- States must fully investigate incidents of violence and, where business actors prove to be instigators or perpetrators, impose appropriate sanctions in accordance with the law, including the termination of contracts and criminal prosecution. Victims must be adequately and swiftly compensated. As stated by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises (A/HRC/17/32, para. 5), conflict-affected areas are commonly where the most egregious business-related human rights abuses take place.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 65
- Paragraph text
- While no single, one-size-fits-all solution exists to ensure proper implementation of the right to effective participation, a number of features of participation models and mechanisms can be identified. As regards the choice of a particular electoral system, international law does not impose any specific solution either. The Human Rights Committee has held that "the system must be compatible with the rights protected by article 25 (of the Covenant) and must guarantee and give effect to the free expression of the will of the electors".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 85
- Paragraph text
- The Sri Lanka experience contributed to the development of the Secretary-General's "Rights up front" initiative which seeks to ensure better organizational preparedness to meet the challenges of safeguarding human rights and protecting civilians in complex crises.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
- 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. 49
- Paragraph text
- The African Charter on Human and Peoples' Rights does not contain provisions referring specifically to the prohibition of incitement to national, racial or religious hatred. However the Charter states that: "all peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another" (art. 19) and that "every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance" (art. 28). The American Convention on Human Rights states that: "any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law" (art. 13.5).
- 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
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 48
- Paragraph text
- The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence constitutes a comprehensive framework to assist States in implementing their obligations to combat incitement to hatred. It contains specific recommendations and guidance on balancing freedom of expression enshrined in article 19 of the International Covenant on Civil and Political Rights, with the prohibitions in article 20, through a six-part threshold test for forms of speech that are prohibited under criminal law. Among the key factors put forward in the Plan to prevent incitement to hatred are the collective responsibility of States, media and society, and the need to foster social consciousness, tolerance, mutual respect, and intercultural dialogue.
- 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
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 75
- Paragraph text
- The format of the media environment has undergone a dramatic transformation to host Internet and online media platforms, allowing live interaction and more rapid outreach worldwide. In the digital age, media has also widened its scope to include social media, where people share and/or exchange information, ideas and initiatives across vast national and international networks and virtual communities. New forms of online media which allow those who advocate hate speech or cyberhate to easily access large audiences are subject to less regulation than traditional media and provide anonymity to those who wish to exploit it.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- 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. 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. 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. 87
- Paragraph text
- Accountability and tackling impunity for violent crimes are essential to ensuring justice and post-violence reconciliation. Transitional justice requires that the truth about the past be investigated and told, the provision of compensation for material and immaterial losses, the return to societal stability and the restoration of full respect for human rights. Perpetrators on all sides must be held accountable as a means of rebuilding societies damaged and fractured by violence and as a deterrent to further violence. Justice and accountability may be achieved in various ways, which can include truth, justice and reconciliation processes; commissions of inquiry; judicial processes; and incorporation of traditional forms of resolution and reconciliation. Such mechanisms have demonstrated an ability to begin a process of healing the wounds inflicted on communities and societies in such cases as Rwanda, South Africa and Northern Ireland.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph