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

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