This is the case summary of the French Court of Cassation decision in Case No. 00-44.686.

This is the case summary of the French Court of Cassation decision in case No. 01-85.650.

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.

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

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.

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 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.

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.

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.

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.