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