A/74/274
C.
Obligation of States to address racial stereotyping – the human
rights framework
16. The principle of equality among human beings, including the right to freedom
from discrimination, is at the core of the human rights framework. Article 1 of the
Universal Declaration of Human Rights provides that all human beings are born free
and equal in dignity and rights. Article 2 provides for equal enjoyment of rights and
freedoms without distinction of any kind, such as race, colour or sex. The
International Covenant on Civil and Political Rights, adopted by the General
Assembly in 1966, also guarantees equality and non-discrimination in the enjoyment
of rights. Article 20, paragraph 2, provides that any advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence
shall be prohibited by law. 3
17. The International Convention for the Elimination of All Forms of Racial
Discrimination 4 acknowledges the existence of structural racism (see art. 1, para. 1)
and imposes certain obligations on States parties (see art. 2, para. 1 (d)). In article 4
of the Convention, the States parties condemn all propaganda and all organizations
which are based on ideas or theories of superiority of one race or group of persons of
one colour or ethnic origin, or which attempt to justify or promote racial hatred and
discrimination in any form and stipulate that States parties shall make punishable the
dissemination of ideas based on racial superiority and ban organizations which
promote such ideas. In its general recommendation No. 34 (CERD/C/GC/34), the
Committee on the Elimination of Racial Discrimination states that people of African
descent shall enjoy all human rights and fundamental freedoms in a ccordance with
international standards, in conditions of equality and without any discrimination and
calls on States to address negative stereotypes.
18. The Durban Declaration and Programme of Action 5 reassert the principles of
equality and non-discrimination as core human rights and assign primary
responsibility for combating racism, racial discrimination, xenophobia and related
intolerance to States, while also calling for the active involvement of international
and non-governmental organizations, political parties, national human rights
institutions, the private sector, the media and civil society. With regard to stereotypes,
in paragraph 127 of the Programme of Action, States are called upon to give
importance to textbook and curriculum review and amendment, so as to eliminate any
elements that might promote racism, racial discrimination, xenophobia and related
intolerance or reinforce negative stereotypes, and to include material that refutes such
stereotypes.
19. The Convention on the Elimination of All Forms of Discrimination against
Women 6 also imposes obligations related to stereotypes and stereotyping (see art. 5).
The Committee on the Elimination of Discrimination against Women has explained
that States parties are required to modify or transform harmful gender stereotypes and
eliminate wrongful gender stereotyping. 7
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5
6
7
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See General Assembly resolution 2200 (XXI), annex. See also general comment No. 11 of the
Human Rights Committee on prohibition of propaganda for war and inciting national, racial or
religious hatred (available at https://www.ohchr.org/EN/HRBodies/CCPR/Pages/
CCPRIndex.aspx).
United Nations, Treaty Series, vol. 660, No. 9464.
See A/CONF/189/12 and A/CONF.189/12/Corr.1, chap. I.
United Nations, Treaty Series, vol. 1249, No. 20378.
See United Nations, Office of the United Nations High Commissioner for Human Rights,
“Gender stereotypes and stereotyping and women’s rights”, September 2014.
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