A/HRC/32/50 “political, social, cultural and economic exclusion and marginalization that are likely to cause displacement of populations or persons by virtue of their social identity, religion or political opinion”.15 (c) Europe 21. Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) and article 1 of Protocol No. 12 thereto require States parties to secure enjoyment of the rights “without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status”. The European Court of Human Rights has requested member States to give due consideration to racist or xenophobic intention in the commission of crimes, during the final assessment of penalties.16 Moreover, the court has emphasized that States parties must investigate and enact sanctions with respect to racist or xenophobic acts. 17 22. The Framework Convention for the Protection of National Minorities, of 1995, calls upon States parties to “protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity”. Additionally, the European Convention on the Legal Status of Migrant Workers requires signatories to eliminate discrimination in national legislation so as to provide equal treatment to migrant workers. 23. The European Commission against Racism and Intolerance has emphasized the need for States to adopt criminal, civil and administrative law provisions expressly countering racism, xenophobia, anti-Semitism and intolerance.18 It has also called on member States to establish specialized advisory, supervisory and grievance bodies at the national level to counter such prejudice.19 24. The European Union’s Racial Equality Directive20 prohibits both direct and indirect discrimination in member States on the basis of race or ethnicity, with respect to employment and access to other social services such as education, social security, health care, social advantages, and supply of goods and services. In November 2008, the Council of Europe adopted the Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law, which is aimed at harmonizing substantive criminal law on racist and xenophobic offences. This is to ensure that the same conduct constitutes an offence in all countries of the European Union and that no person can escape liability by changing jurisdiction. 25. The Audiovisual Media Services Directive requires member States to ensure that services provided by audiovisual media services providers do not contain any incitement to hatred based on race, sex, religion or nationality. In addition, member States should ensure that media services providers comply with the requirement that audiovisual commercial communications must not prejudice respect for human dignity or include or promote any 15 16 17 18 19 20 8 See art. 3. European Court of Human Rights, Nachova and others v. Bulgaria (Nos. 43577/98 and 43579/98), 6 July 2005; and Stoica v. Romania, (No. 42722/02), 4 March 2008. Ibid. European Commission against Racism and Intolerance, general policy recommendation No. 1. European Commission against Racism and Intolerance, general policy recommendation No. 2. Council Directive 2000/43/EC.