A/HRC/17/40
(2002) on article 1, paragraph 1 (descent), the Committee further clarified its position by
“strongly reaffirming that discrimination based on ‘descent’ includes discrimination against
members of communities based on forms of social stratification such as caste and
analogous systems of inherited status which nullify or impair their equal enjoyment of
human rights” (preamble).
27.
Within the context of the Durban Review Conference, the Special Rapporteur
highlighted his serious concern about an estimated 250 million people around the world
being at risk of human rights violations on the grounds of caste and other systems based on
inherited status.50 He expressed concern at reports of the prohibition of or limitations on the
ability to alter inherited status; socially enforced restrictions on marriage outside the
community; public and private segregation, including in housing and education, and access
to public spaces and places of worship and public sources of food and water; limitations on
the freedom to renounce inherited or degrading occupations or hazardous work; and
subjection to debt and bondage.
28.
The Special Rapporteur reaffirmed that the legal framework on discrimination based
on descent is unambiguous but is not properly implemented. The vital first step is for States
to recognize that discrimination on the grounds of descent constitutes a form of racial
discrimination prohibited by the Convention. Without such recognition it is not possible to
effectively address the serious human rights violations and discrimination against
individuals and groups on the grounds of caste and other systems of inherited status
(A/64/271, para. 58). States should also raise awareness and challenge long-entrenched
perceptions to help shape public opinion towards fairer and more equitable societies.
29.
Despite Government efforts to eradicate this type of discrimination through
constitutional guarantees, legislation and affirmative action programmes, caste-based
discrimination remains deplorably widespread and deeply rooted. Victims face structural
discrimination, locking them in a persistent and vicious cycle of poverty and
marginalization.
30.
The problem is neither confined to one geographical area nor exclusively practised
within one particular religion or belief system. It is found in all geographical regions,
including within diaspora communities.
A.
Manifestations
31.
Common denominators among victims of this kind of discrimination in the
forthcoming examples include, inter alia, untouchability, which in some cases prevents
them from using the same public wells or water taps, drinking from the same cups in tea
stalls, or visiting the same temples as members of higher castes or of noble clans;
occupational segregation, which impairs their access to employment, restricting them to
traditionally assigned jobs (generally sweeping and manual scavenging); enforced
endogamy, thus limiting intermarriage; severe restrictions on commensality; and social
ostracism, including social boycotts and blockades.
1.
Caste-based occupations and untouchability
32.
Discrimination against members of the affected groups manifests itself in work or
occupation. Designated tasks considered ritually polluting and unclean to others in the
social system further marginalize them as they are considered “untouchables” based on
their employment. Untouchability has been banned in many countries (along with caste50
Joint contribution of mandate holders (A/CONF.211/PC/WG.1/5), para. 44.
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