Combating discrimination and promoting equality as a fundamental human right and a basic principle of social justice
Citizenship (nationality)
List of files matching your search
Date
10th Jul 2012
Summary
This is the commentary accompanying ERT's Guidelines to Protect Stateless Persons from Arbitrary Detention.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
10th Jul 2012
Summary
These are the endorsements accompanying ERT's Guidelines to Protect Stateless Persons from Arbitrary Detention.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
10th Jul 2012
Summary
This is the Guidelines section of ERT's Guidelines to Protect Stateless Persons from Arbitrary Detention.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
8th Sept 2005
Summary
This is a case summary of the decision of the Federal Magistartes Court of Australia in the case of AB v New South Wales.
Countries
Geographical Location / A-D / Australia
Issues
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Education
Issues / International and Regional Standards / Regional Standards
Date
14th Feb 2008
Summary
This is a case summary of the Belgian Constitutional Court's decision in the case of Arrêt no 12/2008.
Countries
Geographical Location / A-D / Belgium
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Education
Date
16th Mar 2006
Summary
This is a case summary of the the Belgian Correctional Tribunal in Brussels' decision in the case of Arrêt of 16 March 2006.
Countries
Geographical Location / A-D / Belgium
Issues
Issues / Concepts / Types of Discrimination / Incitement
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Date
26th Oct 1955
Summary
This is the full text of the Federal Constitutional Law, enacted by Austria. Chapter VIII sets out the date of entry into force of the different provisions contained in the Law.
Countries
Issues
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Grounds / Other Grounds
Issues / Concepts / Legal definitions
Date
6th Jul 2009
Summary
This is an article by David C. Baluarte entitled Detention at Guantanamo Bay and the Creation of a New Brand of Statelessness. It was published in volume three of The Equal rights Review.
Countries
Geographical Location / S - U / USA
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
10th Aug 2010
Summary
This is the article "The New Single Equality Act in Britain", authored by Bob Hepple, published in Volume 5 of The Equal Rights Review.
Countries
Geographical Location / S - U / United Kingdom
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Concepts / Types of Discrimination / Harassment
Issues / Concepts / The ideas of equality and non-discrimination
Issues / Reasonable Accommodation
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Multiple Discrimination
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Sexual Orientation
Issues / Remedies and Enforcement / Victimisation
Date
16th Feb 2010
Summary
This document outlines some laws relating to equality and anti-discrimination in Bosnia and Herzegovina.
Countries
Geographical Location / A-D / Bosnia and Herzegovina
Issues
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Date
2nd Jul 2012
Summary
This situation report provides an overview of the violence against and human rights abuse of Rohingya within Rakhine State in Myanmar in June 2012. The Rohingya are a stateless, ethnic and religious minority who were arbitrarily deprived of a nationality in 1982 and have suffered systematic arbitrary and discriminatory treatment in Myanmar for many decades. In this report, ERT presents the findings and observations of our researchers and the legal obligations of the parties to this crisis; and makes recommendations to the governments of Myanmar and Bangladesh, the UNHCR and the international community.
Countries
Geographical Location / A-D / Bangladesh
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Race and Ethnicity
Date
1st Jan 1970
Summary
Article 1(1) defines discrimination to include "(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; (b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies." Article 5 of the Convention lays down that special measures adopted to meet the specific requirements of individuals by reason of their "sex, age, disablement, family responsibilities or social or cultural status" shall not be deemed to be discrimination."
Countries
Issues
Issues / Discrimination Grounds / Race and Ethnicity
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Date
17th Dec 2002
Summary
This is the case summary of the French Court of Cassation decision in case No. 01-85.650.
Countries
Geographical Location / E-H / France
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Instruction to discriminate
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Public Services
Issues / Discrimination Areas / Other Discrimination Areas
Date
10th Dec 2002
Summary
This is the case summary of the French Court of Cassation decision in case No. 00-42.158.
Countries
Geographical Location / E-H / France
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Employment
Date
16th Jul 2012
Summary
On 16 July 2012, a coalition of 58 civil society groups - led by The Equal Rights Trust (ERT), the Arakan Project (AP) and Refugees International (RI) ? condemned the abuse and violence carried out by state authorities in Myanmar against the Rohingya community for over one month. What began as inter-communal violence between Rohingya and Rakhine, escalated into large-scale state sponsored violence against the Rohingya, following the deployment of the military. This joint statement also charges Bangladesh with flouting international law in its attempts to prevent fleeing Rohingya from reaching safety, and pushing them back into dangerous waters.
Countries
Geographical Location / A-D / Bangladesh
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
8th May 1999
Summary
This is the case summary of the African Commission on Human and Peoples' Rights decision of Communication 212/98, Amnesty International v. Zambia.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Grounds / Race and Ethnicity
Date
8th May 2003
Summary
This is the case summary of the African Commission on Human and Peoples' Rights decision in the case of Communication 227/99, Democratic Republic of Congo v. Burundi, Rwanda and Uganda.
Countries
Geographical Location / A-D / Congo, Democratic Republic of the
Geographical Location / A-D / Burundi
Geographical Location / M - R / Rwanda
Geographical Location / S - U / Uganda
Issues
Issues / International and Regional Standards / International Standards
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Grounds / Citizenship (nationality)
Date
14th Oct 1986
Summary
This is a case summary of the French Court of Cassation's Criminal Chamber in the case number 85-96.369.
Countries
Geographical Location / E-H / France
Issues
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Citizenship (nationality)
Date
17th Apr 2008
Summary
This is a case summary of the French Labour Chamber of the Court of Cassation's decision in the case number 06-45270.
Countries
Geographical Location / E-H / France
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Employment
Date
13th Apr 2004
Summary
This is a case summary of the French Court of Appeal's decision in the case of 03/01408.
Countries
Geographical Location / E-H / France
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Instruction to discriminate
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Issues / Discrimination Areas / Public Services
Date
6th Jul 2009
Summary
This is the Editorial of volume three of the Equal Rights Review.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Areas / Education
Date
2nd Nov 2012
Summary
ERT's Emergency Report on urgent action essential to protect Muslims in Myanmar, November 2012
Countries
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Date
10th Dec 2012
Summary
This is the statement put our by the European Network on Statelessness on Human Rights Day 2012, calling on European and other states to end statelessness and ensure that those without a nationality are not deprived of a voice.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
5th Jul 2012
Summary
This document provides a case summary Kuric and others v Slovenia. The case had been brought by eight of the roughly 18,000 people who had been left stateless after the state "erased" their names from the civil registry following their failure to claim citizenship in the months after the country?s declaration of independence on 25 June 1991.
On 26 June 2012, the Grand Chamber of the European Court of Human Rights (the Court) delivered its judgment. The Court found that Slovenia had violated Article 8 and Articles 13 and 14 taken in conjunction with Article 8 of the European Convention on Human Rights (the Convention). In respect to Article 14, the Grand Chamber approach departed from the Chamber approach of 2009.
Countries
Geographical Location / S - U / Slovenia
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
28th May 1985
Summary
This is the ERT case summary of the European Court of Human Rights decision in the case of Abdulaziz, Cabales and Balkandali v UK (Application nos. 9214/80; 9473/81; 9474/81).
Countries
Geographical Location / S - U / United Kingdom
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Remedies and Enforcement / Evidence and Proof / Proving Direct Discrimination
Date
16th Apr 2002
Summary
This is the ERT case summary of The European Court of Human Rights decision of Ahmad Najaati Sadic v Denmark, Communication No. 25/2002, U.N. Doc. CERD/C/62/D/25/2002.
Countries
Geographical Location / A-D / Denmark
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / International Standards
Issues / Concepts / Types of Discrimination / Harassment
Issues / Remedies and Enforcement / Victimisation
Issues / International and Regional Standards / Regional Standards
Issues / Concepts / Legal definitions
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Criminal Justice System
Issues / Discrimination Areas / Employment
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Issues / Discrimination Grounds / Citizenship (nationality)
Date
18th Feb 2009
Summary
This is the ERT case summary of the European Court of Human Rights case of Andrejeva v. Latvia (Application no. 55707/00). The case was handed down by the Grand Chamber of the Court and found a violation of article 14 in conjunction with article 1 of Protocol No. 1.
Countries
Geographical Location / I - L / Latvia
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Social Assistance
Issues / Discrimination Areas / Other Discrimination Areas
Date
2nd Feb 1989
Summary
This is the ERT case summary of the Canadian Supreme Court decision of Andrews v Law Society of British Columbia [1989] 1 S.C.R. 143.
Countries
Geographical Location / A-D / Canada
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / The ideas of equality and non-discrimination
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Citizenship (nationality)
Date
12th Jun 2001
Summary
This is the ERT case summary of the Canadian Federal Court decision in the case of British Columbia Native Women’s Society (BCNWS) and Jane Gottfriedson v. Her Majesty The Queen (T-2179-99); Pauktuutit, Inuit Women’s Association and Veronica Dewar v. Her Majesty The Queen (T-2175-99).
Countries
Geographical Location / A-D / Canada
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Discrimination Areas / Employment
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Education
Date
17th Aug 1998
Summary
This is the ERT case summary of the UN Committee on the Elimination of racial Discrimination decision of D. S. v Sweden Communication No. 9/1997, U.N. Doc. CERD/C/53/D/9/1997 (1998).
Countries
Geographical Location / S - U / Sweden
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Positive Action
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Date
6th Mar 2006
Summary
This is the ERT case summary of the UN Committee on the Elimination of Racial Discrimination of Dragan Durmic v Serbia and Montenegro, Communication No. 29/2003, U.N. Doc. CERD/C/68/D/29/2003 (2006).
Countries
Geographical Location / S - U / Serbia
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Criminal Justice System
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Issues / Remedies and Enforcement / NGOs Role
Date
5th Mar 1856
Summary
This is the ERT case summary of the United States Supreme Court decision of Dred Scott v John F. A. Sandford 60 U.S. 393 (1856).
Countries
Geographical Location / S - U / USA
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Date
7th Mar 2005
Summary
This is the ERT case summary of the UN Committee on the Elimination of Racial Discrimination decision of Emir Sefic v Denmark, Communication No. 32/2003, U.N. Doc. CERD/C/66/D/32/2003 (2005).
Countries
Geographical Location / A-D / Denmark
Issues
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / International and Regional Standards / International Standards
Issues / International and Regional Standards / Regional Standards
Issues / Concepts / Legal definitions
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Criminal Justice System
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Date
1st Aug 2001
Summary
This is the ERT case summary of the UN Committee on the Elimination of Racial Discrimination decision of ERT Case Summary: D. S. v Sweden, Communication No. 14/1998, U.N. Doc. CERD/C/59/D/14/1998 (2001).
Countries
Geographical Location / S - U / Sweden
Issues
Issues / International and Regional Standards / International Standards
Issues / International and Regional Standards / Regional Standards
Issues / Concepts / Legal definitions
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Other Discrimination Areas
Date
13th Jun 2011
Summary
This is an ERT case summary of the Supreme Court of the United States decision in the case of Flores-Villar vs. United States (09 - 5801).
Countries
Geographical Location / S - U / USA
Issues
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Sex
Date
18th Mar 1991
Summary
This is the ERT case summary of the UN Committee on the Elimination of Racial Discrimination decision of G.A.C. Enkelaar v France, Communication No. 2/1989, U.N. Doc. CERD/C/39/D/2/1989 (1991).
Countries
Geographical Location / E-H / France
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Date
3rd Apr 1989
Summary
This is the ERT case summary of the UN Human Rights Committee, Thirty-Fifth session, decision of Ibrahima Gueye et al. v France, Communication No. 196/1985, U.N. Doc. CCPR/C/35/D/196/1985 (1989).
Countries
Geographical Location / E-H / France
Issues
Issues / Discrimination Grounds / Race and Ethnicity
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Concepts / The ideas of equality and non-discrimination
Issues / Remedies and Enforcement / Social Dialogue
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Date
6th Mar 2003
Summary
This is the ERT case summary of the European Court of Justice decision in the case of Kaba v Secretary of State for the Home Department (No 2), C-466/00.
Countries
Geographical Location / E-H / European Union
Geographical Location / S - U / United Kingdom
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Remedies and Enforcement / Evidence and Proof / Proving Direct Discrimination
Issues / Discrimination Areas / Employment
Date
23rd Oct 2002
Summary
This is the ERT case summary of the UN Committee on the Elimination of Racial Discrimination decision of Kamal Quereshi v Denmark Communication No. 27/2002 U.N. Doc. CERD/C/63/D/27/2002 (2003).
Countries
Geographical Location / A-D / Denmark
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Harassment
Issues / Concepts / Types of Discrimination / Incitement
Issues / International and Regional Standards / Regional Standards
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Grounds / Religion
Issues / Discrimination Areas / Criminal Justice System
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Date
2nd Mar 2006
Summary
This is the ERT case summary of the Canadian Federal Court decision in the case of Kunlun Zhang v. the Attorney General of Canada (T-769-05).
Countries
Geographical Location / A-D / Canada
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Criminal Justice System
Issues / Exceptions
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Date
23rd Oct 1992
Summary
This is the ERT case summary of the UN Human Rights Committee, Forty-sixth session, decision of Lahcen B. M. Oulajin and Mohamed Kaiss v Netherlands, Communication No. 426/1990, UN Doc. CCPR/C/46/D/426/1990 (1992).
Countries
Geographical Location / M - R / The Netherlands
Issues
Issues / International and Regional Standards / International Standards
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
26th Nov 1997
Summary
This is the ERT case summary of the Constitutional Court of South Africa decision of Larbi-Odam and others v MEC for Education (North-West Province) and another 1996 (12) BCLR 1612 (B).
Countries
Geographical Location / S - U / South Africa
Issues
Issues / Concepts / The ideas of equality and non-discrimination
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Education
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Date
30th Jan 2007
Summary
This is the ERT case summary of the Irish Equality Tribunal decision of Michael Corcoran, Tony Corcoran, Kathleen Ward, Martin Ward, Francie Stokes, Bridget Stokes (represented by Oliver Roche & Co., Solicitors) v The One Foot Inn, Burnfoot, Co. Donegal (DEC-S2007-004).
Countries
Geographical Location / I - L / Ireland
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Public Services
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Citizenship (nationality)
Date
30th Mar 1987
Summary
This is the ERT case summary of the Indian Supreme Court decision in the case of Miss Lena Khan v. Union of India and others (AIR 1515).
Countries
Geographical Location / I - L / India
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Employment
Date
6th Mar 2006
Summary
This is the ERT case summary of the UN Committee on the Elimination of All Forms of Discrimination decision of Mohammed Hassan Gelle v Denmark, Communication No. 34/2004, U.N. Doc. CERD/C/68/D/34/2004 (2006).
Countries
Geographical Location / A-D / Denmark
Issues
Issues / Concepts / Legal definitions
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Criminal Justice System
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Issues / Positive Obligations / Employer policies
Date
1st Nov 2005
Summary
This is the ERT case summary of the UN Human Rights Committee, Eighty-fifth session, decision of Mr Zdenìk Køíž v Czech Republic, Communication No. 1054/2002, U.N. Doc. CCPR/C/85/D/1054/2002 (2005).
Countries
Geographical Location / A-D / Czech Republic
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
| ERT Case Summary: Ms. K. R. C. v Denmark, Communication No. 23/2002, U.N. Doc. A/57/18 at 134 (2002) |  |
Date
13th Aug 2002
Summary
This is the ERT case summary of the UN Committee on the Elimination of Racial Discrimination decision of Ms. K. R. C. v Denmark, Communication No. 23/2002, U.N. Doc. A/57/18 at 134 (2002).
Countries
Geographical Location / A-D / Denmark
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / Regional Standards
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Areas / Criminal Justice System
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Date
2nd Dec 1999
Summary
This is the ERT case summary of the Constitutional Court of South Africa decision of National Coalition for Gay and Lesbian Equality and others v Minister of Home Affairs and others CCT 10/99.
Countries
Geographical Location / S - U / South Africa
Issues
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Grounds / Citizenship (nationality)
Date
22nd Jan 2003
Summary
This is the case summary of the French Court of Cassation decision in Case No. 00-44.686.
Countries
Geographical Location / E-H / France
Issues
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Citizenship (nationality)
Date
3rd Dec 2002
Summary
This is the ERT case summary of the UN Committee on the Elimination of Racial Discrimination decision of The Documentation and Advisory Centre on Racial Discrimination (DACRD) v Denmark, Communication No. 28/2003, U.N. Doc. CERD/C/63/D/28/2003 (2003).
Countries
Geographical Location / A-D / Denmark
Issues
Issues / Concepts / Legal definitions
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Employment
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Issues / Discrimination Areas / Other Discrimination Areas
Date
26th Jul 2004
Summary
This is the ERT case summary of the UN Human Rights Committee, Eighty-first session decision of Vjatšeslav Borzov v Estonia, Communication No. 1136/2002, U.N. Doc. CCPR/C/81/D/1136/2002 (2004).
Countries
Geographical Location / E-H / Estonia
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
27th Jan 2010
Summary
This is an expert opinion on Article 16 (Equality of Rights) of the Moldovan Constitution which was sent to the Acting President Ghimpu of the Republic of Moldova. This opinion urges the Commission on Constitutional Reform to amend Article 16 of the Constitution to make it consistent with Moldova's international human rights obligations.
Countries
Geographical Location / M - R / Moldova
Issues
Issues / International and Regional Standards / International Standards
Issues / Concepts / Legal definitions
Issues / Discrimination Grounds / Citizenship (nationality)
Date
4th Feb 2009
Summary
This legal mapping paper has been produced as part of an Equal Rights Trust (ERT) project to document the detention or restriction of stateless persons. It explores and critiques the legal protection available to stateless persons whose liberty has been unduly constrained.
Countries
Issues
Issues / International and Regional Standards / Regional Standards
Issues / International and Regional Standards / International Standards
Issues / Concepts / Legal definitions
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Criminal Justice System
Date
14th Sept 2010
Summary
In this letter, The Equal Rights Trust (ERT) urges the Prime Minister of India to review and change in the country’s visa and immigration policy, which discriminates against UK citizens of Pakistani origin. ERT’s letter refers to guidance on application processing time provided on the Indian High Commission’s visa application website for the United Kingdom. The guidance indicates that processing time for UK citizens of Pakistani origin is a minimum of 7-8 weeks, compared to a suggested minimum processing time of 5-7 days for all other UK citizens.
Countries
Geographical Location / I - L / India
Geographical Location / S - U / United Kingdom
Geographical Location / A-D / Australia
Issues
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Race and Ethnicity
Date
2nd Nov 2012
Summary
ERT's letter to U Thein Sein, President of the Republic of the Union of Myanmar, expressing concern regarding ongoing violence in Rakhine State.
Countries
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Date
20th Sept 2010
Summary
In this letter, The Equal Rights Trust (ERT) urges the UK Foreign Secretary to raise concerns with the Government of India with regards to India's visa and immigration policy, which discriminates against UK citizens of Pakistani origin. ERT’s letter refers to guidance on application processing time provided on the Indian High Commission’s visa application website for the United Kingdom. The guidance indicates that processing time for UK citizens of Pakistani origin is a minimum of 7-8 weeks, compared to a suggested minimum processing time of 5-7 days for all other UK citizens.
Countries
Geographical Location / I - L / India
Geographical Location / S - U / United Kingdom
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Other Discrimination Areas
Date
22nd Jul 2008
Summary
This is The Equal Rights Trust’s Non-Discrimination and Equality Standards Compendium. The Compendium has been developed as an information and educational resource to guide lawyers, policy makers and human rights activists working to promote the right to equality and non-discrimination.
Countries
Issues
Issues / International and Regional Standards / Regional Standards
Issues / International and Regional Standards / International Standards
Issues / Exceptions
Issues / Reasonable Accommodation
Issues / Positive Action
Issues / Specialised Bodies
Issues / Development and Equal Rights
Issues / Concepts / The ideas of equality and non-discrimination
Issues / Concepts / Legal definitions
Issues / Concepts / The unified perspective on equality
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Concepts / Types of Discrimination / Harassment
Issues / Concepts / Types of Discrimination / Incitement
Issues / Concepts / Types of Discrimination / Instruction to discriminate
Issues / Concepts / Types of Discrimination / Segregation
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Multiple Discrimination
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Criminal Justice System
Issues / Discrimination Areas / Education
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Environment
Issues / Discrimination Areas / Health
Issues / Discrimination Areas / Housing
Issues / Discrimination Areas / Public Services
Issues / Discrimination Areas / Social Assistance
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Social equality and equal rights
Issues / Remedies and Enforcement / Defence of Rights (Procedure)
Issues / Remedies and Enforcement / Evidence and Proof / Proving Direct Discrimination
Issues / Remedies and Enforcement / Evidence and Proof / Proving Indirect Discrimination
Issues / Remedies and Enforcement / Good Practices
Issues / Remedies and Enforcement / NGOs Role
Issues / Remedies and Enforcement / Public Education (Dissemination of Information)
Issues / Remedies and Enforcement / Sanctions
Issues / Remedies and Enforcement / Social Dialogue
Issues / Remedies and Enforcement / Statistics on discrimination
Issues / Remedies and Enforcement / Victimisation
Issues / Positive Obligations / Employer policies
Issues / Positive Obligations / National Action Plans
Issues / Concepts / Types of Discrimination / Victimisation
Date
4th Feb 2009
Summary
This paper has been produced as part of an Equal Rights Trust (ERT) project to document the detention or restriction of stateless persons. Its purpose is to explore how a lack of effective nationality can impact on the right to be free from arbitrary detention or restriction of liberty. The paper highlights how stateless persons in a number of countries appear at risk of arbitrary detention.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Multiple Discrimination
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Criminal Justice System
Date
26th Jan 2012
Summary
In this submission, ERT highlights some of the most significant concerns and challenges with regard to the human rights of stateless persons in the UK: a. The lack of a statelessness determination procedure in the UK; b. Immigration detention practices which do not take into consideration the unique context of statelessness; c. Other human rights concerns, including enjoyment of socio-economic rights.
The submission reflects ERT's view that the failure of the UK to systematically identify stateless persons subject to its jurisdiction, and the consequent failure of the UK to respect, protect and fulfil the rights of such persons under all aspects of its law and policy including in the exercise of immigration control, amounts to the violation of its international human rights obligations as well as its obligations under the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention).
Countries
Geographical Location / S - U / United Kingdom
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
8th Nov 2007
Summary
On 8 November 2007 The Equal Rights Trust call on Janez Janša, the Slovenian Prime Minister, to recall the Draft Constitutional Law, presented to the Parliament on 30 October, which is intended to resolve the status of the “erased” – people unlawfully removed from the registry of permanent residents in 1992. ERT urged Slovenian government to introduce instead legislation that is in line with international human rights law and the relevant decisions of the Slovenian Constitutional Court.
Countries
Geographical Location / S - U / Slovenia
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / Regional Standards
Issues / International and Regional Standards / International Standards
Date
15th Oct 2007
Summary
The Equal Rights Trust's written comments to the European Court of Human Rights in the case of Makuc and Others v. Slovenia (Application No. 26828/06)
Countries
Geographical Location / S - U / Slovenia
Issues
Issues / Discrimination Grounds / Multiple Discrimination
Issues / Discrimination Areas / Social Assistance
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / International and Regional Standards / Regional Standards
Date
15th Jun 2012
Summary
This is ERT's letter Mr. Mohamed Mijarul Quayes, Foreign Secretary of the People?s Republic of Bangladesh, expressing concern regarding the closing of Bangladeshi Border to Rohingya Refugees.
Countries
Geographical Location / A-D / Bangladesh
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Date
15th Jun 2012
Summary
This is ERT's letter to H.E. Dr. Dipu Moni, MP, Honourable Foreign Minister of the People?s Republic of Bangladesh, expressing concern regarding the closing of Bangladeshi Border to Rohingya Refugees.
Countries
Geographical Location / A-D / Bangladesh
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Date
15th Jun 2012
Summary
This is ERT's letter to H.E. Dr. M. Sayeedur Rahman Khan, High Commissioner of the People?s Republic of Bangladesh in the UK, expressing concern regarding the closing of Bangladeshi Border to Rohingya Refugees.
Countries
Geographical Location / A-D / Bangladesh
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Date
15th Jun 2012
Summary
This is ERT's letter to H.E. U Nay Win, Ambassador of the Republic of the Union of Myanmar to the UK, expressing concern regarding the violence in North Rakhine State.
Countries
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Date
15th Jun 2012
Summary
This is ERT's letter to U Thein Sein, President of the Republic of the Union of Myanmar, expressing concern regarding the violence in North Rakhine State.
Countries
Geographical Location / M - R / Myanmar
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Date
1st Jan 2004
Summary
This is the consolidated text of the Chancellor of Justice Act, enacted by Estonia. The original Act was adopted on 25 February 1999 and came into force on 1 June 1999. This text includes all amendments up to 1 January 2004.
Countries
Geographical Location / E-H / Estonia
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Sexual Orientation
Date
1st May 2004
Summary
This Green Paper on "Equality and non-discrimination in an enlarged EU", adopted by the European Commission on 26 May, outlines the steps that the EU has already taken to ban discrimination in employment and beyond. It identifies areas where further action is required to ensure that people across the enlarged EU can benefit from these new rights, as well as a range of practical measures that could support the efforts of national authorities, civil society and other stakeholders. The Green Paper invites comments on a range of options for the future development of EU policy in this area.
This document is copyright protected by the European Communities, 2004.
Countries
Geographical Location / E-H / European Union
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Sexual Orientation
Date
1st Feb 2005
Summary
This is a report of the European Commission written by Professor O. De Schutter. The report "offers an overview of the protection from discrimination under the 1950 European Convention on Human Rights and the 1961 European Social Charter as well as the 1996 Revised European Social Charter, which are the main human rights treaties of the Council of Europe. The report seeks to identify aspects of that protection which could influence the outstanding questions of interpretation of Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation".
The report is protected by copyright of the European Communities 2005.
Countries
Geographical Location / E-H / European Union
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Sex
Date
1st Nov 1998
Summary
Articles 1 - 18 cover substantive rights, including the right to life, the right not to be tortured and right to freedom of expression. In addition, there are also protocols to the Convention that guarantee other substantive rights, such as the right to property (Article 1 of Protocol 1), and prohibit the collective expulsion of aliens (Article 4 of Protocol 4). Article 14 of the Convention provides that no one shall be discriminated against in their enjoyment of the rights provided under the Convention. The list of grounds is not exhaustive and the European Court of Human Rights has read Article 14 to cover grounds of discrimination that are not expressly provided for in Article 14. The main drawback of Article 14 is that its protection extends only to those rights included in the Convention.
Countries
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Date
1st Mar 2000
Summary
This convention lays down rules and principles relating to the nationality of natural persons. Article 5 of the Convention prohibits discrimination on the ground of sex, religion, race, colour, national or ethnic origin in the rules governing nationality. It also prohibits discrimination between people who have acquired nationality upon birth and those whose have acquired nationality subsequently.
Countries
Issues
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Areas / Other Discrimination Areas
Date
1st Jan 2007
Summary
This is the text of the Employment Contracts Act, originally enacted by Finland in 2001. It originally came into force on 1 June 2001. The text includes all amendments made in regard to this Act up to 2006.
Countries
Geographical Location / E-H / Finland
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Sexual Orientation
Date
12th Mar 2007
Summary
This is the full text (in French only) of the Labour Code, enacted by France. The Code was first adopted on 2 January 1973 and has been substantively modified by Ordinance 2007-329. The current Code was adopted on 12 March 2007 and has been in force since 1 March 2008.
Countries
Geographical Location / E-H / France
Issues
Issues / Concepts / Legal definitions
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Other Grounds
Date
12th Oct 2005
Summary
This is the text of the French Penal Code (Code Pénale). This version was last updated on the 12 October 2005.
Countries
Geographical Location / E-H / France
Issues
Issues / Discrimination Areas / Criminal Justice System
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Employment
Date
18th Jan 2010
Summary
This report is one of the outputs of a global research and advocacy project of the Equal Rights Trust (ERT) on stateless persons in detention. It highlights some of the key challenges faced by the U.S. Administration pertaining to the detention of stateless persons both in the context of immigration and national security.
Countries
Geographical Location / S - U / USA
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / International Standards
Issues / Discrimination Areas / Criminal Justice System
Date
10th Jul 2012
Summary
The Equal Rights Trust Guidelines to Protect Stateless Persons from Arbitrary Detention provide detailed guidance on how states should treat stateless persons in the context of immigration detention in order to comply with their obligations under international human rights law; in particular, the rights to equality and non-discrimination and the right to be free from arbitrary detention.
The Guidelines were drafted through a consultation process which sought to be comprehensive and inclusive and have been reviewed by experts in the complementary fields of human rights, equality, immigration, detention, refugees and statelessness.
The Guidelines have been welcomed by many key individuals and organisations, and ERT intends to use them both as a practical protection tool to assist those representing stateless persons in detention and as an advocacy tool to influence policy and legislative change.
The Guidelines are open for further endorsement from both individuals and organisations. Everyone who wishes to support the Guidelines and their purpose is invited to send a message to amal.dechickera@equalrightstrust.org copying info@equalrightstrust.org.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
10th Jul 2012
Summary
This is the foreword to ERT's Guidelines to Protect Stateless Persons from Arbitrary Detention.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
10th Jul 2012
Summary
This is the introduction to ERT's Guidelines to Protect Stateless Persons from Arbitrary Detention.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
28th Dec 2003
Summary
This is the full text of the Act CXXV of 2003. It was adopted on 12/28/2003 and it has been in force since 1/27/2004.
Countries
Geographical Location / E-H / Hungary
Issues
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Social Assistance
Issues / Discrimination Areas / Health
Issues / Discrimination Areas / Housing
Issues / Discrimination Areas / Education
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Date
22nd Dec 2003
Summary
This is the text of the Equal Treatment and the Promotion of Equal Opportunities Act, enacted by Hungary. It was adopted on 22 December 2003.
Countries
Geographical Location / E-H / Hungary
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Concepts / Types of Discrimination / Harassment
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Social Assistance
Issues / Discrimination Areas / Public Services
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Health
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Age
Date
3rd Apr 1989
Summary
This is a case summary of the UN Human Right Committee decision in the case of Ibrahima Gueye et al. v. France.
Countries
Geographical Location / E-H / France
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Social Assistance
Date
15th Jun 1960
Summary
Article 1(1) defines discrimination to include "(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; (b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies." Article 5 of the Convention lays down that special measures adopted to meet the specific requirements of individuals by reason of their "sex, age, disablement, family responsibilities or social or cultural status" shall not be deemed to be discrimination."
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Multiple Discrimination
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Other Grounds
Date
27th Feb 2012
Summary
For those seeking greater equality in Kenya, this is a time of hope. In 2010, the people of Kenya seized the opportunity for national renewal presented in the wake of the 2008 post-election violence, and adopted a new Constitution that enshrined a strong right to equality. Coming at the end of a decade which saw the introduction of laws prohibiting discrimination on grounds of disability, race and ethnicity and HIV status, and on a range of grounds in respect of employment, the Constitution marked the largest improvement in Kenya's legal framework on equality and non-discrimination.
This report looks at the situation of the young Turkana man struggling to find work in the marginalised desert town of Lodwar, the stateless Nubian in Kibera who can't obtain personal documents, the gay victim of violence and police extortion in Mombasa, the HIV+ sex worker denied medical attention, the child with albinism forced to attend a school for the blind, the rural widow going to court in order to keep her plot of land, and the cases of many other people suffering discrimination, inequality and disadvantage in today's Kenya. The report then analyses the legal, policy and enforcement framework of Kenya to see if it has begun to create change, so that all these people can live as equals in dignity and rights.
The report finds that while Kenya has made great progress, discrimination exists across a range of grounds and areas of life, and that major substantive inequalities remain. ERT and KHRC urge stronger participation in international human rights instruments; repeal and amendment of discriminatory laws; action to effectively prohibit discrimination by state actors; and the adoption of measures to address substantive inequalities.
Most importantly, the report argues that if Kenya is to give effect to the aspirations of its new Constitution, it must adopt comprehensive equality legislation providing protection from discrimination on all grounds and in all areas of life regulated by law.
The report is available in print as well as online.
Countries
Geographical Location / I - L / Kenya
Issues
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Multiple Discrimination
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Age
Date
18th Dec 1990
Summary
The aim of this Convention is to protect and promote the rights of migrant workers. Article 1 of the Convention provides that subject to the exceptions provided for therein, the Convention shall be applicable to all migrant workers and their family members without distinction on the ground of "sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status." Several provisions of the Convention emphasize the importance of not discriminating against migrant workers on the ground of nationality (for instance see Articles 18, 25, 28, 20, 43 and 54). It was adopted by General Assembly resolution 45/158 of 18 December 1990.
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Sex
Issues / Discrimination Areas / Employment
Date
16th Dec 1966
Summary
This treaty is part of the international bill of human rights. It guarantees several rights, including the right to work, the right to social security and the right to education. Under Article 2(2), the rights provided for in the Covenant should be available to all without discrimination on the ground of "race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." Article 3 emphasizes the importance of gender equality by requiring states to "ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant." The Covenant was adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966.
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Other Grounds
Date
6th Jul 2009
Summary
This is the introduction to the Special section on statelessness which is published in volume three of The Equal Rights Review.
Countries
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Date
11th Oct 2010
Summary
.
Countries
Issues
Issues / International and Regional Standards / Regional Standards
Issues / International and Regional Standards / International Standards
Issues / Concepts / The unified perspective on equality
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Harassment
Issues / Concepts / Types of Discrimination / Incitement
Issues / Concepts / Types of Discrimination / Segregation
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Other Discrimination Areas
Date
7th May 2001
Summary
This is the case summary of the African Commission on Human and Peoples' Rights decision in the case of Legal Resources Foundation v Zambia, Communication No. 211/98.
Countries
Geographical Location / V - Z / Zambia
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Grounds / Citizenship (nationality)
Date
1st Nov 2005
Summary
This is a case summary of the UN Human Rights Committee decision in the case of Mr. Zdenìk Køíž v. Czech Republic.
Countries
Geographical Location / A-D / Czech Republic
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Date
8th Oct 1996
Summary
This is the case summary of the African Commission on Human and Peoples' Rights decision in the case of OMT v Rwanda, Communication Nos. 27/89, 46/91, 49/91 and 99/93.
Countries
Geographical Location / M - R / Rwanda
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Other Discrimination Areas
Date
29th Jul 2004
Summary
This document calls on member states to enact or strengthen laws that penalise discrimination and incitement to hatred based on "race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status", consider establishing training programmes for police and judicial officials on hate crimes, collect statistics on hate crimes and report them to the ODIHR, promote intercultural dialogue between different groups and so on. The decision also calls on ODIHR to, inter alia, systematically collect best practices from across OSCE countries on preventing and responding to racism, xenophobia and intolerance.
Countries
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Incitement
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Positive Action
Date
23rd Oct 1992
Summary
This is a case summary of the UN Human Rights Committee decision in the case of Oulajin & Kaiss v. The Netherlands.
Countries
Geographical Location / M - R / The Netherlands
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Social Assistance
Issues / Positive Action
Date
10th Jul 2009
Summary
This is an article by Katherine Perks and Amal de Chickera entitled The Silent Stateless and the Unhearing World: Can Equality Compel Us to Listen? It was published in volume three of The Equal Rights Review.
Countries
Issues
Issues / Concepts / The ideas of equality and non-discrimination
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Criminal Justice System
Issues / Discrimination Areas / Other Discrimination Areas
Date
10th May 1991
Summary
This is the PILI case summary of the United Nations Committee on the Elimination of Racial Discrimination decision Diop v. France (Communication No. 2/1989: France. 10/05/91 CERD/C/39/D/2/1989).
Countries
Geographical Location / E-H / France
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Employment
Date
26th Jul 2002
Summary
This is the PILI case summary of the United Nations Human Rights Committee Communication Gillot et al v. France (Communication No 932/2000 France. 26/07/2002.CCPR/C/75/D/932/2000.
Countries
Geographical Location / E-H / France
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
6th Apr 1999
Summary
This is the PILI case summary of the United Nations Commitee on the Elimination of Racial Discrimination decision Habassi v. Denmark (Communication No 10/1997: Denmark. 06/04/99CERD/C/54/D/10/1997).
Countries
Geographical Location / A-D / Denmark
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
18th Feb 1991
Summary
This is the PILI case summary of the European Court of Human Rights case of Moustaquim v. Belgium (Application No. 12313/86).
Countries
Geographical Location / A-D / Belgium
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Criminal Justice System
Date
21st Oct 1991
Summary
This protocol amends provisions of the European Social Charter relating to monitoring state compliance with the Charter.
Countries
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Disability
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Health
Issues / Discrimination Areas / Social Assistance
Date
30th Jun 2003
Summary
This is a case summary of the Belgian Court of Appeal's decision in the case of Rachid N.
Countries
Geographical Location / A-D / Belgium
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Incitement
Issues / Concepts / Types of Discrimination / Instruction to discriminate
Issues / Remedies and Enforcement / Victimisation
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Criminal Justice System
Date
24th Oct 1997
Summary
This is a case summary of the African Commission on Human and Peoples' Rights in the case of Recontre Africane pour la Defense des Droits de l'Homme v. Zambia.
Countries
Geographical Location / V - Z / Zambia
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
18th Jan 2010
Summary
This report is one of the outputs of a global research and advocacy project of the Equal Rights Trust (ERT) on stateless persons in detention. It draws attention to the plight of stateless persons in detention in the USA, focussing on immigration detention in Part One, and security detention practices in Part Two of the report.
The report's findings indicate that the U.S. system, by not addressing the unique challenges posed by statelessness, has failed its international human rights obligations both in the context of immigration detention and security detention.
The security detention regime, in particular, has been increasingly under the scrutiny of the international community, after President Obama’s pledge to close down the Guantanamo Bay facility by January 2010 – a target which, he himself has admitted, cannot be met. One of the primary reasons for this failure is that many of the remaining detainees who have been cleared for release are stateless and cannot be safely returned to their countries of habitual residence.
Countries
Issues
Issues / Discrimination Areas / Criminal Justice System
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / International Standards
Date
23rd Jun 2004
Summary
This is the full text (in Romanian only) of Law 272 of 21 June 2004 for the Protection and Promotion of the Rights of Children enacted by the Parliament. It was adopted on 23 June 2004 and it has been in force since 1 January 2005, except the provision of Art. 17 (2), Art 19(3), Art 84, (2), Art 104 (2), Art. 105 (5), Art. 107 (2) and Art. 117, which entered into force on 26 June 2004.
Countries
Geographical Location / M - R / Romania
Issues
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Disability
Issues / International and Regional Standards / International Standards
Date
31st Aug 2000
Summary
This is the text of the Ordinance No 137/2000 on Preventing and Sanctioning All Forms of Discrimination, enacted by Romania. It was adopted on 31 August 2000 has been in force since October 2000.
Countries
Geographical Location / M - R / Romania
Issues
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Concepts / Types of Discrimination / Harassment
Issues / Concepts / Types of Discrimination / Instruction to discriminate
Issues / Concepts / Legal definitions
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Areas / Health
Issues / Discrimination Areas / Housing
Issues / Discrimination Areas / Education
Issues / Discrimination Areas / Employment
Issues / Positive Obligations / Employer policies
Issues / Discrimination Areas / Social Assistance
Issues / Discrimination Areas / Public Services
Issues / Discrimination Areas / Criminal Justice System
Date
3rd Sept 2000
Summary
This is the full text (in Romanian only) of “Ordinance nr. 102 of 2000 regarding the status and regime of refugees in Romania” enacted by the Government on 3 September 2000. It has been in force since 6 September 2000.
Countries
Geographical Location / M - R / Romania
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
8th Dec 1991
Summary
This is the full text of Paragraph 2, Article 4 of the Romanian Constitution (regarding the “Unity of the peoples and equality among citizens”) enacted by the Constituent Assembly on 21 November 1991, and approved by a national referendum on 8 December 1991. The article has been in force since 8 December 1991. In 2003 there was a Constitutional revision, which was approved on 18-19 October 2003 by a national referendum. The latter was published on 29 October 2003. It entered into force on 29 October 2003. However, Paragraph 2, Article 4 of the Constitution has been in force since 8 December 1991. It was not modified during the 2003 Constitutional revision.
Countries
Geographical Location / M - R / Romania
Issues
Issues / Concepts / Legal definitions
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Date
1st Dec 1997
Summary
This is the full text, in French only, of the Labor Code, enacted by Senegal. It was adopted on and has been in force since 1 December 1997.
Countries
Geographical Location / S - U / Senegal
Issues
Issues / Discrimination Areas / Employment
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
10th Jul 2009
Summary
This is the testimony of a stateless child in detention in Egypt. It was published in volume three of The Equal Rights Review.
Countries
Geographical Location / E-H / Egypt
Issues
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
28th Mar 2008
Summary
"Testimony of an “erased” stateless person from Slovenia, taken by Donatella Fregonese" appears in The Equal Rights Review (vol.1).
Countries
Geographical Location / S - U / Slovenia
Issues
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Citizenship (nationality)
Date
16th Mar 2011
Summary
The Equal Rights Trust - Universal Periodic Review Submission: Thailand and its treatment of Rohingya boat people (14 March 2011)
Countries
Geographical Location / S - U / Thailand
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / International Standards
Date
2nd Mar 1994
Summary
This is the full text of the Equal Treatment Act 1994 (Algemene Wet Gelijke Behandeling), enacted by the Netherlands. It was adopted on 2 March 1994.
Countries
Geographical Location / M - R / The Netherlands
Issues
Issues / Concepts / Types of Discrimination / Harassment
Issues / Concepts / Types of Discrimination / Direct discrimination
Issues / Concepts / Types of Discrimination / Indirect discrimination
Issues / Specialised Bodies
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Other Discrimination Areas
Issues / Discrimination Areas / Public Services
Issues / Discrimination Areas / Housing
Issues / Discrimination Areas / Employment
Issues / Discrimination Areas / Social Assistance
Date
4th Jan 2010
Summary
This report is one of the outputs of a global research and advocacy project of the Equal Rights Trust (ERT) on stateless persons in detention. It draws attention to the plight of Rohingya who have successfully made the hazardous journey to Malaysia – a present focus, and ‘hotspot’, for Rohingya migration. It focuses on detention practices in Malaysia and the cycle of deportation and trafficking, which must be broken.
The report documents the ways in which immigration related laws, practices and policies of Malaysia are discriminatory and detrimental to the rights and well-being of all irregular migrants in the country. The Rohingya are merely one – albeit particularly vulnerable – group amongst many others. By focussing on the Rohingya in Malaysia, this report raises grave human rights concerns about the treatment of all irregular migrants in the country. It also establishes the need for a robust, holistic and regional solution to the problems faced by the Rohingya, which is embedded in human rights principles.
Countries
Geographical Location / M - R / Malaysia
Issues
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Areas / Criminal Justice System
Date
7th Jun 2004
Summary
This is the UN Committee on Economic, Social and Cultural Rights, concluding observation on the initial periodic report of Greece.
Countries
Geographical Location / E-H / Greece
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Areas / Housing
Issues / Discrimination Areas / Health
Issues / Discrimination Areas / Education
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Areas / Criminal Justice System
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Date
18th Dec 1992
Summary
This declaration requires states to protect the existence and identities of minorities. It also calls upon states to encourage the promotion of national or ethnic, cultural, religious and linguistic identities. Under Article 2(1) of this declaration, minorities shall have the right to practice their religion, enjoy their culture and use their own language in both public and private settings without any kind of discrimination. Article 3 of this declaration guarantees persons belonging to minorities the right to exercise their rights individually and in community with others without discrimination. It was adopted by the General Assembly resolution 47/135 of 18 December 1992.
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Date
7th Apr 1989
Summary
The Comment calls attention to and clarifies the rights of children, noting that they are granted special protections that go beyond those granted to adults. Children are protected from discrimination on grounds such as race, colour, sex, language, religion, national or social origin, property or birth. Children also have a right to family and State protection. The Comment points to certain provisions of the International Covenant on Civil and Political Rights that apply greater protection to minors. For example, States Parties are under obligation to ensure that every child has a nationality and a registered name, especially those children who are born out of wedlock. While certain rights specific to children are enumerated in the Covenant (e.g., that children ought not be given the death penalty), the Comment also stresses the importance of States Parties in determining many of the particulars concerning the protection of children, especially with regard to their education, their developmental opportunities, and their protection from abusive family members. The responsibility to provide the necessary protection lies with the family, State and society.
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Religion
Date
10th Apr 1992
Summary
Article 10 of the International Covenant on Civil and Political Rights, which guarantees humane treatment of persons deprived of liberty, applies to everyone without any distinction or discrimination based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The Comment emphasizes the "positive obligation" Article 10 places on States Parties to prevent the torture or inhuman, degrading treatment of detained persons. States Parties' reports must specify in detail what measures have been taken to monitor treatment of detained persons in order to prevent inhuman treatment.
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Other Grounds
Date
4th Nov 1994
Summary
The Comment discusses the procedure by which States Parties may express reservations to the International Covenant on Civil and Political Rights. Reservations made by States Parties that are discriminatory will not be accepted. States cannot reserve the right to practice slavery, torture, the execution of pregnant women and children, or the advocacy of national, racial or religious hatred; nor may they reserve the right to restrict the rights of minorities to maintain their culture or to restrict freedom of religion. It is the Committee's duty to review each and every reservation for approval.
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Sexual Orientation
Date
12th Jul 1996
Summary
The Comment discusses the responsibility of States Parties to ensure every citizen's rights to participate in public affairs, have access to public services, vote and be elected with no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 25 of the International Covenant on Civil and Political Rights gives people the right to determine their political status and form of government freely. The Comment also clarifies the proper nature of representation, the importance of the secret ballot and other related issues. Rights enumerated in this article are guaranteed to citizens, but not to all individuals.
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sexual Orientation
Date
26th May 2004
Summary
The Comment discusses the responsibility of States Parties' to ensure protection and enforcement of rights and freedoms guaranteed by the International Covenant on Civil and Political Rights for all people in their territory, regardless of citizenship. These rights and freedoms include protection from discrimination. The obligation to respect and ensure the rights that are guaranteed by the Covenant should take effect immediately. The Comment emphasizes that States Parties are not only required to refrain from violating the rights of individuals, but must also prevent the violation of individual rights by private persons. States Parties must adopt and implement various programmes and measures to fulfill their obligations. While adopting these remedies, special categories of persons, such as children, must be taken into account.
Countries
Issues
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Age
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Remedies and Enforcement / Sanctions
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Other Grounds
Date
27th Nov 1978
Summary
This declaration adopted under the auspices of UNESCO is based on the principle that racism violates human worth and dignity. Article 1(2) provides that "all individuals and groups have the right to be different, to consider themselves as different and to be regarded as such. However, the diversity of life styles and the right to be different may not, in any circumstances, serve as a pretext for racial prejudice; they may not justify either in law or in fact any discriminatory practice whatsoever, nor provide a ground for the policy of apartheid, which is the extreme form of racism."
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Date
11th Nov 1997
Summary
This is a case summary of the African Commission on Human and Peoples' Rights in the case of Union Inter-Africaine des Droits de l’Homme, FIDH and others v. Angola. Communication No. 159/96 (1997).
Countries
Geographical Location / A-D / Angola
Issues
Issues / International and Regional Standards / Regional Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Areas / Other Discrimination Areas
Date
10th Dec 1948
Summary
Article 1 states that "all human beings are born free and equal in dignity and rights." Article 2 provides that no one shall be discriminated against in the enjoyment of the rights laid down in the Declaration on the grounds of "race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." Article 7 provides that "All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination." Article 16 guarantees men and women of full age the right to marry without "without any limitation due to race, nationality or religion."
Countries
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Date
19th Jul 2010
Summary
Stateless persons are those who have no nationality, or whose nationality is ineffective. This report approaches the subject through the prism of detention - a crucial issue which offers unique insight into the broader challenge of statelessness. The stateless person who cannot legally travel, reside in a country, work, study or receive health care, and whose life is a tightrope walk along the dividing line between legality and illegality is very vulnerable to detention. How a state treats stateless detainees is a reflection of how committed it is to protect those whose rights are most at risk.
In 1949, stateless persons – marginalised from society – were described as an “anomaly”. This was because legal systems were ill-equipped to deal with them. Sixty years, two international statelessness conventions, an international organisation mandated to address their situation and many human rights treaties later, the stateless remain an anomaly and continue to be marginalised.
In this report, The Equal Rights Trust attempts to unravel the anomaly. The report finds that inequality and discrimination lie at the heart of the statelessness problem, as does the eternal tug-of-war between universal human rights and national sovereignty. It also finds that many persons who are held in long term immigration detention “awaiting removal” are in reality stateless, and therefore cannot be removed. The report argues that statelessness should primarily be seen as a human rights issue, that the UNHCR and human rights treaty bodies should work in partnership to address the challenge, that all countries should implement statelessness determination procedures and that authoritative guidelines should be developed for the detention of stateless persons.
Countries
Geographical Location / S - U / USA
Geographical Location / S - U / United Kingdom
Geographical Location / A-D / Australia
Geographical Location / A-D / Bangladesh
Geographical Location / M - R / Malaysia
Geographical Location / I - L / Kenya
Geographical Location / M - R / Myanmar
Geographical Location / S - U / Thailand
Geographical Location / E-H / Egypt
Geographical Location / S - U / Spain
Geographical Location / E-H / European Union
Geographical Location / S - U / Somalia
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Concepts / The ideas of equality and non-discrimination
Issues / International and Regional Standards / Regional Standards
Issues / International and Regional Standards / International Standards
Issues / Concepts / Legal definitions
Issues / Remedies and Enforcement / Good Practices
Issues / Discrimination Areas / Other Discrimination Areas
Date
26th Jul 2004
Summary
This is a case summary of the UN Human Rights Committee decision in the case of Vjatšeslav Borzov v. Estonia.
Countries
Geographical Location / E-H / Estonia
Issues
Issues / International and Regional Standards / International Standards
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Other Grounds
Date
12th Nov 2012
Summary
Washing the Tigers: Addressing Discrimination and Inequality in Malaysia is the second report in ERT?s country report series. It is the first ever comprehensive account of discrimination and inequalities on all grounds and in all areas of life in Malaysia. It is based on extensive field research and makes a set of detailed recommendations for reforms to law, policy and practice in respect of equality and non-discrimination.
Countries
Geographical Location / M - R / Malaysia
Issues
Issues / Discrimination Grounds / Age
Issues / Discrimination Grounds / Citizenship (nationality)
Issues / Discrimination Grounds / Disability
Issues / Discrimination Grounds / Gender Identity
Issues / Discrimination Grounds / Multiple Discrimination
Issues / Discrimination Grounds / Race and Ethnicity
Issues / Discrimination Grounds / Religion
Issues / Discrimination Grounds / Sex
Issues / Discrimination Grounds / Sexual Orientation
Issues / Discrimination Grounds / Other Grounds
