who traditionally experience difficulties in exercising the
right to water, including: minority groups, indigenous
peoples, women, refugees, internally displaced persons
and migrant workers. States should also take steps to
ensure that indigenous peoples’ access to water on their
ancestral lands is protected, and that indigenous peoples
can control their access. Access to adequate water should
also be available to nomadic and traveller communities at
traditional and designated sites. Retrogressive measures
are presumed to be prohibited by the Covenant. As with
other rights, when developing states are concluding
agreements that adversely affect the rights of people within their jurisdiction, the government may argue that they
cannot accept the agreement because there is an international standard (or minimum threshold) below which
individuals and groups may not fall.
General Recommendations of the
Committee on the Elimination of
Discrimination Against Women
Health
In General Recommendation no. 24, the CEDAW noted
that state reports should demonstrate that health legislation and policies are based on:
‘scientific and ethical research and assessment of the
health status and needs of women in that country
and take into account any ethnic, regional or community variations or practices based on religion, tradition or culture’.
Reports should also address diseases and health hazards
that: ‘affect women or certain groups of women differently to men’.
Special measures
General Recommendation no. 25 includes the recognition that women may suffer, in addition to gender discrimination: ‘from multiple forms of discrimination
based on additional grounds such as race, ethnic or religious identity, disability, age, class, caste or other factors’
that may affect them in different ways to men. It suggests
that states may need to take temporary special measures
to eliminate this multiple discrimination. It stresses that
specific measures taken on a temporary basis to bring
about equality do not constitute discrimination, and recommends that states clearly differentiate between temporary special measures and general social policies designed
to improve the situation of women.
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS
General Comments of the Committee on
the Rights of the Child
Education
General Comment no. 1 on the aims of education
acknowledges that, at first sight, some of the ideas in Article 29 of the CRC may appear contradictory:
‘efforts to promote understanding, tolerance and
friendship among all peoples, to which paragraph (1)
(d) refers, might not always be automatically compatible with policies designed, in accordance with paragraph (1) (c), to develop respect for the child’s own
cultural identity, language and values’.
It stresses that the importance of the provision is the need
for a balanced approach that reconciles diverse values
through dialogue and respect, and highlights the important
role children can play in bridging differences between
groups. The committee highlights that education is crucial
in eliminating racism since racism thrives on ignorance and
unfounded fears. Education should teach about historical
occurrences of racism and current forms of racism, including focusing on the child’s own community in order to
demonstrate that racism is not only practised by ‘others’.
Adolescent health
The CRC in General Comment no. 4 urged states to collect data to allow study of the specific health situation of
adolescents, including the situation of specific groups
such as ‘ethnic and/or indigenous minorities, migrant or
refugee adolescents’. The committee called on states to
implement legislation and policies to promote the health
and development of adolescents, including:
‘giving, while respecting the values and norms of ethnic and other minorities, special attention, guidance
and support to adolescents and parents (or legal
guardians), whose traditions and norms may differ
from the society where they live’.
3.4 Complaints mechanisms
Five treaties include provisions for individuals to bring
allegations of violations of the treaty to the attention of the
monitoring committee. These are known as communications. Individuals, or NGOs acting on their behalf, can
only bring a complaint if the state has specifically accepted
the jurisdiction of the committee to consider individual
complaints. In the case of the CEDAW and ICCPR, the
state must have ratified the appropriate Optional Protocol,
and in the case of the CAT, CERD and MWC, the state
must have made the required Declaration.
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