A/71/301
many cases can neither condemn the party found guilty of discrimination to a fine
nor award compensation payments to the victim.
56. The Special Rapporteur has also noticed that, where they exist, nation al plans
of action to combat racism, racial discrimination, xenophobia and related
intolerance do not necessarily create national specialized equality bodies. Similarly,
when these bodies are already in existence, national action plans rarely involve
them in their activities. In this regard, Member States should take into account the
unique potential of national specialized bodies as instruments of implementation of
the different activities described in national plans of action.
E.
Examples of work undertaken by national specialized bodies and
in national action plans to combat racism, racial discrimination,
xenophobia and related intolerance
1.
International and regional levels
57. The Anti-Racial Discrimination Section in OHCHR has developed guidelines
on national human rights action plans, as well as guidelines for national plans of
action for human rights education. It has provided guidance to several States on how
to develop national action plans against racial discrimination, has followed up on
the implementation of various such plans and has provided technical assistance to
States that are currently developing, implementing or considering the development
of such a plan. 33 Similarly, the Section has engaged in partnerships with national
specialized bodies and with regional and international bodies working on the issues
of equality, racism, racial discrimination, xenophobia and related intolerance.
58. The European Network of Equality Bodies brings together 45 organizations
from 33 European countries with the task of counteracting discrimination across the
range of grounds, including age, disability, gender, race or ethnic origin, religion or
belief, and sexual orientation. The Network aims to promote equality in Europe by
supporting and enabling the work of national specialized bodies so that they can be
valuable catalysts for more equal societies. 34
59. An interesting initiative is shown in a case study from 2010, in which the
European Network of Equality Bodies working group on dynamic interpreta tion
sent real-life cases to equality bodies in order to analyse how European Union
directive 2000/43/EC and national legislation are applied in practice. This resulted
in a comparison of the different national legal solutions to the cases in order to
achieve a number of objectives: identifying patterns in the way in which the
directive has been implemented and applied in national laws; identifying potential
gaps in protection or areas requiring legal clarification in the directive; and
identifying potential and existing legislative gaps in national legal systems. 35 As a
result of the study, the working group sent a recommendation to members of the
Network relating to discrimination in the housing sector on the grounds of Roma
origin.
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33
34
35
16-13565
See Developing National Action Plans against Racial Discrimination: A Practical Guide (United
Nations publication, Sales No. E.13.XIV.3).
See www.equineteurope.org/-About-us-.
European Network of Equality Bodies, Dynamic Interpretation: European Anti-Discrimination
Law in Practice V (Brussels, 2010), p. 5.
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