A/HRC/11/36
page 10
27. A key principle in the set-up of data collection programmes should also be the involvement
of minority communities in all stages of the exercise, including design and implementation.
Minority groups often do not have confidence in Government authorities and the uses that will
be made of ethnically disaggregated data. By including them in the design and implementation of
data-gathering exercises, not only will mutual confidence be built, but it will also lead to a better
design of surveys that take into account the concerns of minorities from the onset.
B. Right to non-discrimination
28. The first obligation of States when addressing the socio-economic vulnerability of
minorities is to implement fully the right to non-discrimination in all realms, and specifically in
areas of economic, social and cultural rights. The right to non-discrimination is enshrined in the
Universal Declaration of Human Rights, the International Covenant on Civil and Political
Rights, the International Convention on the Elimination of All Forms of Racial Discrimination
and the main international human rights instruments. As such, non-discrimination is a
cornerstone and cross-cutting right that affects the enjoyment of all other human rights. In
addition to international instruments, non-discrimination is considered a constitutional right in
most legal systems.
29. Despite the robustness and overarching nature of the right to non-discrimination, the
Special Rapporteur recalls that this obligation is still far from being fulfilled by States across the
globe. Many forms of discrimination, including racial discrimination, are still pervasive, often
formalized in State policies and legislation. Such cases have been the subject of attention by the
mandate of the Special Rapporteur since its inception.
30. The Special Rapporteur has previously reported on the unequal provision of economic,
social and cultural rights to minority groups. Some key examples include health installations,
such as hospitals and clinics, as well as water pipelines and other projects that have been
deliberately excluded from geographic regions that are predominantly inhabited by minority and
indigenous groups; members of minority groups are unable to have access to medical services
because of administrative measures and regulations that demand official authorization from
Government officials for travel outside certain areas; and persons arbitrarily deprived of their
nationality were denied access to health care and basic medical treatment.4
31. Discrimination on the provision of the right to education has also contributed to
perpetuating imbalances among members of minorities. Clear examples of this form of
discrimination include authorities refusing to issue identity documents to members of certain
ethnic minorities, preventing them from attending school or university;5 students from ethnic
minority or lower castes being prevented by schoolteachers from attending school;6 lack of
4
A/HRC/4/19/Add.1, paras. 122, 126 and 178.
5
A/HRC/7/19/Add.5, paras. 82-84.
6
E/CN.4/2005/18/Add.1, para. 31.