Other Status

United Nations Declaration on the Rights of Minorities

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.

UN HRC. General Comment No. 24: Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant (Art. 41)

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.

UN HRC. General Comment No. 25: The right to participate in public affairs, voting rights and the right of equal access to public service (Art. 25)

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.

CCPR General Comment 23: Rights of Minorities

The Comment concerns the rights of minorities, who are not to be denied the right to enjoy their culture, practice their religion, or speak their own language. The Committee differentiates between the right to self-determination and the rights guaranteed in Article 27 of the International Covenant on Civil and Political Rights in order to avoid any future confusion between the two. Specifically, Article 27 guarantees rights to individuals, whereas the right to self-determination applies to groups.

CCPR General Comment 25: Right to participate in public affairs

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.

UN CCPR General Comment No. 31 [80]: Nature of the General Legal Obligation Imposed on States Parties to the Covenant (adopted on 26 May, 2004)

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.

European Union Anti-Discrimination Policy: FROM EQUAL OPPORTUNITIES BETWEEN WOMEN AND MEN TO COMBATING RACISM

This paper examines the options open to the EU in preparing new legislation in this field. Drawing on the experience of sexual equality legislation at both the European and national level, the paper examines both the strengths and weaknesses of the existing anti-discrimination legislation. The paper also points out the importance of a combination of criminal and civil law remedies. Specific action against discrimination is unlikely to be sufficient unless complemented by measures to promote equal opportunities for ethnic minorities in all aspects of EU policies.

OSCE Permanent Council Decision on Combating Prejudice

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.

UNCCPR General Comment 21: Humane treatment of persons deprived of liberty (Article 10)

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.

Protecting LGBT People Seeking Asylum: Guidelines on the Refugee Status Directive

This paper was published by ILGA-Europe to help identify which provisions of the Refugee Status Directive (Directive 2004/83/EC) are relevant to third-country LGBT nationals seeking asylum in the European Union. The paper first provides background and key points of the Directive, defining the terms “refugee” and “subsidiary protection,” and identifies the rights that people under these statuses are entitled to.

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