A/HRC/44/58
racism and anti-Semitism was based and constituted a serious threat to public order. It was
incompatible with democracy and human rights.”34
43.
A submission received for the present report highlighted the ways in which settler
colonial denialism was similarly prejudicial to indigenous peoples. In the submission, the
Union of British Columbia Indian Chiefs highlighted how the whitewashing of settler
colonialism minimizes the devastating impact of colonialism on indigenous peoples in
Canada. They further reported that condonement or minimization of the harmful impacts of
settler colonialism was pervasive among citizens and political figures.
V. Applicable racial equality framework
44.
The Special Rapporteur recalls that international human rights law is based on the
premise that all persons, by virtue of their humanity, should enjoy all human rights without
discrimination on any grounds. Article 1 (1) of the International Convention on the
Elimination of All Forms of Racial Discrimination defines racial discrimination as any
distinction, exclusion, restriction or preference based on race, colour, descent, or national or
ethnic origin which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in
the political, economic, social, cultural or any other field of public life.
45.
The Human Rights Committee and the Committee on Economic, Social and Cultural
Rights have reiterated that the rights outlined in the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights
must be guaranteed to everyone, including non-citizens and persons belonging to racial,
ethnic and religious minorities.35 The Special Rapporteur highlights that the prohibition on
racial discrimination in the international human rights framework is aimed at guaranteeing
substantive equality rather than a formal provision of equality. It therefore requires States to
take action to combat intentional or purposeful racial discrimination, as well as to tackle de
facto or unintentional racial discrimination.36
46.
With respect to antisemitic violence, the International Convention on the
Elimination of All Forms of Racial Discrimination and the International Covenant on Civil
and Political Rights require States parties to take immediate action to end and remediate
violent attacks against Jews. Article 5 of the Convention creates an obligation for States
parties to prohibit and to eliminate racial discrimination in all its forms and to guarantee the
right of everyone, without distinction as to race, colour, or national or ethnic origin, to
equality before the law in the enjoyment, inter alia, of the right to security of person and
protection by the State against violence or bodily harm, whether inflicted by government
officials or by any individual group or institution. Article 9 of the Covenant also grants
everyone the right to liberty and security of person. The Human Rights Committee has
stated that the right to security of person protects individuals against intentional infliction of
bodily or mental injury, regardless of whether the victim is detained or non-detained, and
that the right requires States parties to protect individuals from foreseeable threats to life or
bodily integrity proceeding from any governmental or private actors. Furthermore, the
Committee has stated that States parties must take both measures to prevent future injury
and retrospective measures, such as enforcement of criminal laws, in response to past
injury.37
34
35
36
37
Application No. 65831/01, decision of inadmissibility, 24 June 2003. See
https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-788339-805233%22]}.
See Human Rights Committee, general comment No. 15 (1986) on the position of aliens under the
Covenant, paras. 1–2, and general comment No. 23 (1994) on the rights of minorities; and Committee
on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in
economic, social and cultural rights, paras. 24 and 30.
Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009) on
the meaning and scope of special measures in the Convention, paras. 6–10.
Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 9.
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