A/72/219
C.
Constitutional guarantees
17. It is crucial that persons belonging to minorities are included in the process of
drafting legislation and that their rights are reflected in the resulting normative
frameworks, starting with national constitutions. In order to encourage such
processes, the United Nations has taken various initiatives in different regions. For
example, the United Nations Human Rights Training and Documentation Centre for
South-West Asia and the Arab Region has organized regional expert consultations
on integrating minority rights in constitutional reform processes. The most recent
consultation took place in July 2016 in Amman, where experts examined
constitutional reforms in the region and explored how the rights of persons
belonging to minorities could be protected more effectively. 16
18. In this respect, a number of States also reported on measures that they have
employed to strengthen pertinent norms. Armenia, for example, reported that its
constitutional amendments introduced in December 2015 had provided a more
comprehensive protection of human rights generally and allowed for the
introduction of national minority seats in the National Assembly. 17 The importance
of constitutional reform processes for minorities has also been stressed in Sri Lanka,
including by the High Commissioner for Human Rights who, at the conclusion of
his visit in February 2016, expressed his hope that minorities and other groups who
had been neglected or discriminated against could now receive the attention that
they deserved, not least in the constitutional reform process. 18 The Special
Rapporteur on minority issues also underlined the importance of the constitutional
reform process following her visit to the country in October 2016. She urged Sri
Lanka to introduce a strong minority rights regime in the governance structure as
well as legal and institutional guarantees for equality and non-discrimination. 19
D.
Non-discrimination guarantees
19. While the rights of persons belonging to minorities stipulated in the
Declaration and other international human rights instruments extend beyond
non-discrimination, they are grounded in strong anti-discrimination guarantees. The
need to address intersecting forms of discrimination has been repeatedly stressed by
the Committee on the Elimination of Discrimination against Women. In its general
recommendation No. 34 (2016) on the rights of rural women, 20 the Committee urged
States parties to ensure that disadvantaged and marginalized groups of rural women,
including those belonging to afro-descendent, ethnic and religious minorities, are
protected from intersecting forms of discrimination and have access to education,
employment, water and sanitation and health care.
20. Several Member States are in the process of introducing or reinforcing antidiscrimination legislation, often reflecting recommendations made by human rights
mechanisms. For example, in Tunisia, OHCHR has supported the preparation of a
law on racial discrimination, in line with a recommendation made by the Committee
on the Elimination of Racial Discrimination. 21 The Commission on Human Rights of
the Philippines reported that the House of Representatives is deliberating eight draft
laws that aim to address multiple and intersecting forms of discrimination, including
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Submission by the United Nations Human Rights Training and Documentation Centre for South West Asia and the Arab Region.
Submission by Armenia.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17025&LangID=E.
See A/HRC/34/53/Add.3.
CEDAW/C/GC/34.
Submission by Tunisia.
17-12826