A/HRC/32/50
Discrimination has stated, in its general recommendation No. 30 (2004) on discrimination
against non-citizens, that “differential treatment based on citizenship or immigration status
will constitute discrimination if the criteria for such differentiation, judged in the light of
the objectives and purposes of the Convention, are not applied pursuant to a legitimate aim,
and are not proportional to the achievement of this aim”. Under article 2 of the Convention,
States parties undertake to encourage integrationist multiracial organizations and
movements and other means of eliminating barriers between races. In addition, article 4
requires States parties to condemn all propaganda and organizations based on ideas or
theories of superiority of one race or group of persons of one colour or ethnic origin, by
declaring as an offence punishable by law all dissemination of ideas based on racial
superiority or hatred, incitement to racial discrimination, as well as all acts of violence or
incitement to such acts, and by declaring illegal and prohibiting organizations which
promote and incite racial discrimination. Finally, under article 7 of the Convention, States
parties undertake to adopt immediate and effective measures, particularly in the fields of
teaching, education, culture and information, with a view to combating prejudices and to
promoting understanding, tolerance and friendship among nations and racial or ethnical
groups. The Committee on the Elimination of Racial Discrimination has underscored that
States have an obligation to dismantle discriminatory structures, in addition to tackling
intentional discrimination. It has also recommended that States take measures “to eliminate
discrimination against non-citizens in relation to working conditions and work
requirements, including employment rules and practices with discriminatory purposes or
effects”.6 Furthermore, it has underscored that the Convention provides for protection of
racial and ethnic groups that today are especially vulnerable to discrimination driven by
xenophobia.7
10.
A number of other international instruments specifically prohibit discrimination
against certain groups. In its general comment No. 32 (2014) on the gender-related
dimensions of refugee status, asylum, nationality and statelessness of women, the
Committee on the Elimination of Discrimination against Women clarified that the
Convention necessarily applies to sex- and gender-based discrimination that
disproportionately affects certain women on account of their race, ethnicity, religion or
belief, caste or other status.8 In its general recommendation No. 26 (2008) on women
migrant workers, the Committee on the Elimination of Discrimination against Women calls
for non-discrimination and equal rights for migrant workers specifically, highlighting the
double impact of gender-based discrimination and xenophobia.9 The Convention on the
Rights of the Child, in article 2, requires States parties to extend and enforce the rights that
it provides to all children, without discrimination based on the child’s or his or her parent’s
nationality, ethnic or social origin, birth or other status. Specifically addressing the question
of non-discrimination in respect of indigenous children, the Committee calls for the
elimination of discriminatory attitudes and practices through the implementation of public
information and educational measures. 10 Under the United Nations Declaration on the
Rights of Indigenous Peoples, States are called upon to provide effective mechanisms for
6
7
8
9
10
Committee on the Elimination of Racial Discrimination, general recommendation No. 30 (2004) on
discrimination against non-citizens, para. 33.
Committee on the Elimination of Racial Discrimination, general recommendations No. 34 (2011) on
racial discrimination against people of African descent, para. 3, and No. 27 (2000) on discrimination
against Roma, para. 5.
See para. 6.
See para. 14.
Committee on the Rights of the Child, general comment No. 11 (2009) on indigenous children and
their rights under the Convention, paras. 27 and 29.
5