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. 11

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