A/HRC/62/55 not take part in any act of racial discrimination or further programmes that lead to racial inequality. Furthermore, where racism, racial inequality or racial discrimination exists, including in systemic, structural and intersectional forms, States Parties have an obligation to take effective and immediate action. 49. Obligations to achieve racial equality and ensure non-discrimination extend to all areas of government policy and influence, including the public governance of sports and the regulation of the business entities that are involved in sports governance. Whether the racial discrimination occurring within sporting domains is intentional or not is irrelevant to the duty of States Parties to act, given the scope of the prohibition of racial discrimination under the International Convention on the Elimination of All Forms of Racial Discrimination and other human rights treaties. 50. States Parties must also ensure that all racial and ethnic groups enjoy the full scope of their human rights in the context of sport as encompassed in article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination. Article 5 provides for equality before the law, including the rights to equal participation in cultural activities and to equal treatment before the tribunals and all other organs administering justice. Article 15 of the International Covenant on Economic, Social and Cultural Rights also establishes the right to equal participation in cultural life. As stated by the Special Rapporteur in the field of cultural rights, “the right to participate in sports, whether grass-roots, amateur, professional, or elite, falls firmly within the scope of cultural rights, defined as rights relating to identities and ways of life”.59 51. In relation to the racist incidents that occur at sporting events and racial hatred on social media, the Special Rapporteur highlights the importance of article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. Pursuant to article 4, States Parties are to condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination. Additional human rights standards, including general recommendation No. 35 (2013) of the Committee on the Elimination of Racial Discrimination and the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, elaborate further on the obligations of States to prevent, address and remedy hate speech, including online hatred.60 52. International human rights law, including article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination, provides that all persons who are subjected to racial discrimination have a right of access to remedies, which also applies in cases in which discrimination occurs within the context of sport. 53. The Durban Declaration and Programme of Action recognizes that racism and racial discrimination persist in many areas of life, including cultural and sporting activities. In paragraph 218 of the Programme of Action, States are urged to work, in cooperation with intergovernmental organizations, the International Olympic Committee and international and regional sports federations, to intensify the fight against racism in sport. In that regard, States are encouraged to promote tolerance, respect and intercultural dialogue through sport and undertake educational and awareness-raising initiatives through sport, especially targeting youth. 54. Private entities play a significant role in the management of sports. The Guiding Principles on Business and Human Rights outline the relevant obligations of Governments and the relevant human rights responsibilities of both Governments and businesses. The Guiding Principles establish that States must protect against human rights abuses committed by third parties within their territory and/or jurisdiction, including business enterprises. States should provide such protection by ensuring effective policies, legislation, regulations and adjudication, among other actions. The Guiding Principles establish the responsibility of 59 60 14 A/79/299, para. 4. See also A/78/538. GE.26-07112