A/HRC/38/52 is no question that achieving racial equality requires robust action to deal swiftly and simultaneously with explicit racism and xenophobia, and with policies and institutions that achieve racial and xenophobic discrimination, even absent discernible racial or xenophobic animus. 15. Section V concludes the report with recommendations for various stakeholders, outlining necessary actions to promote substantive equality. III. Prohibition of racial discrimination on the basis of citizenship, nationality and immigration status under international human rights law A. Overview of the applicable international legal framework 16. The Special Rapporteur recalls that international human rights law is based on the premise that all persons, by virtue of their humanity, should enjoy all human rights without discrimination on any grounds. The principles of equality and non-discrimination are therefore codified in all core human rights treaties. 11 The Human Rights Committee and the Committee on Economic, Social and Cultural Rights have frequently reiterated that the rights set out in the two International Covenants on Human Rights must generally be guaranteed to everyone, including non-citizens and persons belonging to racial and ethnic minorities. 12 Exceptional distinctions, for example between citizens and non-citizens or between different groups of non-citizens, are permissible only if they serve a legitimate objective and are proportional to the achievement of that objective. Differences in treatment on grounds of race or ethnicity are not permitted as the prohibition of racial discrimination has been recognized as part of customary international law, imposing immediate and absolute obligations from which no derogation is permitted, even in a state of emergency. 13 17. The most comprehensive prohibition of racial discrimination can be found in the International Convention on the Elimination of All Forms of Racial Discrimination. Article 1 (1) defines racial discrimination as “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”. While the provision does not mention discrimination on the basis of religion, the Committee on the Elimination of Racial Discrimination has found that the Convention may apply in cases where discrimination on religious grounds intersects with other forms of discrimination specifically prohibited under article 1 (1).14 18. The Special Rapporteur would like to highlight that the prohibition on racial discrimination in international human rights law aims at much more than a formal vision of equality. Equality in the international human rights framework is substantive, and requires States to take action to combat intentional or purposeful racial discrimination, as well as to combat de facto or unintentional racial discrimination. Indeed, in its general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention, the Committee on the Elimination of Racial Discrimination clarifies that the prohibition of racial discrimination under the Convention cannot be interpreted restrictively. It not only aims to 11 12 13 14 6 For an overview of international human rights instruments that specifically prohibit discrimination against certain groups, see A/HRC/32/50, paras. 10–14. The report also provides an overview of the prohibition of racial discrimination at the regional level, paras. 15–25. See, for example, Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the Covenant, paras. 1–2; Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, paras. 24 and 30. See, for example, A/HRC/7/23, para. 35. See, for example, Committee on the Elimination of Racial Discrimination, general recommendation No. 32, para. 7; and P.S.N. v. Denmark (CERD/C/71/D/36/2006), para. 6.3.