PART I – WHAT IS ICERD? discrimination directly affect women such as sexual violation against women of particular racial or ethnic groups, or coerced sterilisation of indigenous women. At the same time, racial discrimination may have consequences where women are primarily or exclusively affected e.g. racial bias-motivated rape. Against this backdrop the Committee has been enhancing its efforts to integrate gender perspective into its work and also recommending that States parties provide disaggregated data with regard to the gender dimensions of racial discrimination as well as to take necessary actions in this regard.33 Age is also addressed by the Committee as being a factor that can contribute to the circumstances of multiple or double discrimination against children of a specific group.34 Illustration 9: Religion and racial discrimination does not fall in the scope of ICERD35 however possibility of double discrimination36 “Religion” is not included in the five grounds of discrimination set out in the Article 1 of ICERD. Accordingly, CERD observes that discrimination based solely on religious grounds does not fall in the scope of ICERD.32 However, drawing a clear line between ethnic/national origin and religion is not always a simple task. In this regard, CERD has expressed its view that the Committee “would be competent to consider a claim of “double” discrimination on the basis of religion and another ground specifically provided for in Article 1 of the Convention, including national or ethnic origin”.33 At the same time, under ICERD 5(d), States parties have the obligation to ensure that all persons enjoy their right to freedom of thought, conscience and religion, without any discrimination based on race, colour, descent, national or ethnic origin. 2. State obligations under ICERD (Article 2 – 7) 2.1 Measures to be taken to eliminate racial discrimination (Article 2) Article 2 requires the State party to prohibit and stop racial discrimination by any persons, groups or organisations, without any distinction between public and private actors.37 State obligations as set out under Article 2 (1) include: • Not to engage in any act or practice of racial discrimination; • To ensure that all public authorities and institutions do not engage in any act or practice of racial discrimination; • Not to sponsor, defend or support racial discrimination by any person or organisation; • To review policies and to amend or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination. Article 2 (2) addresses special measures which should be taken by the State party in social, economic, cultural and other fields to ensure adequate development and protection of disadvantaged groups and to guarantee them full and equal enjoyment of human rights and fundamental freedoms.38 33 Ref. e.g. CERD General Recommendations No. 25, paras. 3, 4, 5, 6; No. 29, paras. 11, 12, 13; No. 30, para. 8; No. 32, para. 7 CERD General Recommendation No. 31, preamble; and in the consideration of State report of Mali in 2002, ref. CERD Annual Report (2002) A/57/18, paras. 404 and 405 35 CERD Annual Report 2007, individual communication No. 36/2006 and 37/2006, para. 516 36 ibid 37 See also CERD concluding observations on the USA (2001) para. 5 and (2008) para. 11. 38 For special measure, please refer to PART I, 1.5 of this guidebook. 34 7 ICERD & CERD: A GUIDE FOR CIVIL SOCIETY ACTORS