A/HRC/29/47
47.
The Special Rapporteur urges States to ensure that victims of crimes motivated
by racism or xenophobia have full access to effective legal remedies, including the
right to seek reparation for damages suffered as a result of such crimes. He also
recommends that States ensure that victims of racist or xenophobic crimes are
provided with the necessary legal, medical and psychological assistance and are made
aware of their rights and of existing judicial and non-judicial remedies. States should
further engage with vulnerable groups or minorities who are at particular risk of
racist or xenophobic crimes, with the aim of restoring confidence in law enforcement
officials and the criminal justice system and to facilitate better reporting of such
crimes.
Disaggregated data
48.
The Special Rapporteur appreciates efforts made to document racially
motivated crimes, and reiterates recommendations made in previous reports to the
Human Rights Council and the General Assembly that States should collect
disaggregated data and statistics on racist, xenophobic, anti-Semitic and homophobic
crimes in order to identify the types of offences committed, the characteristics of the
victims and of the perpetrators and whether they are affiliated with an extremist
political party, movement or group. Such disaggregated data would provide a better
understanding of the phenomenon and identify effective measures to be taken to
address those crimes. States should provide adequate financial, human and technical
resources to improve the quality of data collection systems where those already exist,
while ensuring that civil society is involved in the process, which is to be undertaken in
such a way as to guarantee the protection of privacy.
Education and capacity-building5
49.
The Special Rapporteur recalls that education remains the most effective
means of countering the negative influence that extremist political parties, movements
and groups may have on young people. Recalling paragraph 136 of the Durban
Programme of Action, he urges States to ensure that education and training,
especially teacher training, promote respect for human rights and the fight against
racism, racial discrimination, xenophobia and related intolerance, and that
educational institutions implement policies and programmes on equal opportunities,
anti-racism, gender equality and cultural, religious and other diversity, with the
participation of teachers, parents and students.
50.
In particular, the Special Rapporteur recalls paragraph 57 (a) of his 2013
thematic report (A/HRC/23/56), in which he recommended that States should
recognize the important role of education in combating racism, racial discrimination,
xenophobia and related intolerance, especially in promoting the principles of
tolerance and respect to ethnic, religious and cultural diversity and preventing the
proliferation of extremist racist and xenophobic movements and propaganda,
especially among the youth.
51.
He also recalls paragraph 57 (e) from the above-mentioned thematic report
(A/HRC/23/56), in which he recommended that States should recognize the important
role of formal and non-formal education in the deconstruction of prejudices, positive
change of negative perceptions, enhanced understanding and social cohesion. To that
end, States should be encouraged to implement educational activities and measures,
5
See also the report of the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance to the Human Rights Council (A/HRC/23/56).
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