A/HRC/40/71
B.
Recommendations
Eliminating all forms of discrimination
35.
States should take legislative and policy measures to combat discrimination
against minorities and ensure equal access to human rights and fundamental freedoms,
including the right to a nationality for all without any form of discrimination.
36.
States should combat discrimination against minorities through education and
awareness-raising activities. Civil society representatives can also play an important
role in this regard.
37.
States should ensure that birth registration, civil registration and national
identification documents are provided without discrimination on any ground, in
particular race, ethnicity, religion and language. Multiple forms of discrimination,
including on the basis of gender or disability, should also be addressed by recognizing
the cumulative and aggravated impact of discrimination on several grounds.
38.
States should ensure the implementation of the Sustainable Development Goals
without any form of discrimination against minorities and stateless people, and in
particular target 16.9 to provide legal identity for all.
39.
States and the international community are encouraged to establish a global
programme of action on the implementation of the Sustainable Development Goals for
minorities, in particular target 16.9.
40.
States should ensure that human rights protection applies to stateless minorities,
regardless of their legal status and even before they obtain a nationality, as human
rights are universal and apply to everyone, regardless of their nationality status.
41.
States should include minorities, including stateless minorities, their
representatives and organizations in decision-making processes affecting them and
strategies and action plans to combat and prevent statelessness. These decisions should
be made and steps taken in consultation with and with the participation of minorities.
42.
States should consider adopting national action plans to combat statelessness of
minorities that should, inter alia, include provisions to eliminate the root causes of
statelessness such as racial discrimination, hate propaganda, intolerance and
stigmatization.
Access to justice
43.
States should ensure that all instances of discrimination, hate crime, violence,
abuse and persecution of stateless minorities and the defenders of their rights are
properly investigated and punished.
44.
States should ensure that stateless minorities have access to justice and remedy
for human rights violations and that stateless minorities can appeal to relevant judicial
and administrative bodies in case of denial or deprivation of nationality.
45.
States should ensure that judicial and administrative institutions view such cases
in a transparent and fair manner, with no prejudice or discrimination on the grounds
of the nationality, ethnicity, religion or language of stateless minorities.
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