that states adopt measures to include the outlawing of all forms of discrimination based on descent; and recommends the introduction of special measures in favour of descent-based groups, in order to ensure their enjoyment of all human rights. It also stresses the need to protect women from multiple discrimination, and includes the request that states provide disaggregated data to the committee. The recommendation lays out a large number of specific measures to be taken in the areas of the administration of justice, civil, political, economic and social rights, education, eradication of segregation and the media. General Comments of the Committee on Economic, Social and Cultural Rights Protection from eviction General Comment no. 7 on forced evictions may have particular relevance to minorities and indigenous peoples. The CESCR defines forced evictions as: ‘the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without provision of, and access to, appropriate forms of legal or other protection’ .29 It notes that many forced evictions are associated with conflicts, including communal or ethnic violence, while some occur in the name of development and may be associated with conflict over land rights. It states that minorities and indigenous peoples, among other vulnerable groups, suffer disproportionately from forced evictions, and says that women in these groups are especially vulnerable. The CESCR reminded states that the nondiscrimination provisions of the Covenant impose additional obligations on governments to ensure that when evictions occur, no form of discrimination is involved. The committee emphasized that the nature of forced evictions means that: ‘progressive achievement based on the availability or resources will rarely be relevant’; states must refrain from forced evictions and must punish its agents or third parties who carry out forced evictions. States cannot cite a lack of resources as a reason for nonfulfilment. Education General Comment no. 13 on the right to education highlights that one of the aims of education is to promote understanding among nations, ethnic, racial and religious groups.30 It stresses that education must be accessible to all, in law and fact, without discrimination on any grounds. The CESCR reiterates that temporary 20 special measures in favour of disadvantaged groups do not qualify as discrimination as long as they do not lead to the maintenance of unequal or separate standards, and are not continued after the objectives are met. The principle of non-discrimination: ‘extends to all persons of school age residing in the territory of a State party, including non-nationals, and irrespective of their legal status’. The committee notes that the progressive realization of the right to education means that states have a continuing obligation to move towards full realization; regressive measures are presumed to be in violation, unless the state can prove they are fully justified. Part of the ‘minimum core obligation’31 on states is to ensure access on a non-discriminatory basis; the committee also highlighted that the introduction of, or failure to repeal, discriminatory legislation, or the use of curricula inconsistent with the education objectives, would constitute a violation of the Covenant. Health The importance of non-discrimination in access was reiterated by the CESCR in relation to health in General Comment no. 14.32 Health facilities, goods and services must be available to all, including the most marginalized groups in society, without discrimination. As with education, the committee notes in both General Comments that there is a presumption that regressive measures are not permitted. General Comment no. 14 states that health facilities, goods and services must be culturally appropriate to minorities and indigenous peoples, and gender sensitive. The CESCR highlights that health services should take into account the traditional healing practices and medicines of indigenous peoples, and that indigenous peoples should design, deliver and control these services. States should also protect vital medicinal plants. The committee acknowledges the collective aspect of health and considers that: ‘development-related activities that lead to the displacement of indigenous peoples against their will from their traditional territories [...] has a deleterious effect on their health’. As with other rights in the Covenant, the committee has emphasized the obligation of international assistance and cooperation in realizing the right to health in other countries, including states parties who are members of international financial institutions such as the World Bank. States have an obligation to ensure that their actions as members of these institutions take due account of the right to health. Water General Comment no. 15, on water, again stresses nondiscrimination in access as one of the minimum core obligations to be implemented immediately.33 States should pay particular attention to individuals and groups MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS

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