A/HRC/31/56
19.
Over 500 delegates participated, including representatives of Member States, United
Nations mechanisms, regional intergovernmental bodies, non-governmental organizations
(NGOs) and minorities. They identified challenges involving minorities, as well as effective
practices to combat discrimination against minorities during all stages of the criminal
justice process. Recommendations from the Forum will be presented to the Council at its
thirty-first session.
III. Minorities and discrimination based on caste and analogous
systems of inherited status
A.
Introduction
20.
The Special Rapporteur is concerned by information she has received regarding
incidents of discrimination in caste-based and analogous systems of inherited status,
including atrocities committed against individuals ascribed to the lowest strata by virtue of
their caste status. During the course of her work, she regularly addressed the continued
plight of such people through press statements,5 consultations, side events and thematic
reports to the Human Rights Council. 6
21.
The Special Rapporteur recognizes the complexity of addressing this topic within the
minority rights framework, as there exists the view that caste systems are a way to organize
society without the domination of majority groups, and that therefore, “lower caste” groups
may not strictly fall under the category of minority groups. However, she believes that,
while many caste-affected groups may belong to the same larger ethnic, religious or
linguistic community, they often share minority-like characteristics, particularly their
non-dominant and often marginalized position, stigma, and the historic use of the minority
rights framework to claim their rights. She further acknowledges that caste and caste-like
systems are present in other groups, including some indigenous communities. Moreover,
she highlights that minority groups who are characterized by their non-dominant position
and whose members possess ethnic, religious or linguistic characteristics differing from
those of the rest of the population are also, in many cases, caste-affected groups, and
therefore face multiple and intersecting forms of discrimination on the grounds of both their
minority status and descent. Consequently, she believes that a minority rights approach can
provide a valuable platform for the protection of the rights of caste-affected communities
and that minority rights standards, including equality, non-discrimination, consultation,
participation and special measures, should be applied to combat discrimination based on
caste and analogous systems.
22.
The Special Rapporteur stresses that discrimination based on caste and analogous
systems exists in many countries. While acknowledging important differences between
affected communities in terms of the manifestation, severity and experience of caste-based
discrimination, she firmly believes that there are common characteristics to caste and castelike systems that inherently contradict the principles of human dignity, equality and nondiscrimination, particularly differentiated social status, whereby individuals placed in the
lowest positions are regarded as “inferior” and “non-human”. The resulting extreme
exclusion and dehumanization of caste-affected groups translates into individuals and
communities often being deprived of or severely restricted from enjoying their most basic
civil, political, economic, social and cultural rights.
5
6
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13352.
See, inter alia, A/69/266, A/HRC/25/56 and A/HRC/19/56.
5