A/HRC/17/40 disadvantageous or disproportionate effect on them. Furthermore, Roma encounter a societal structural racism and racial discrimination manifested by racist, discriminatory, xenophobic or intolerant behaviours within societal structures, including racial prejudice and negative stereotypes, as well as racist violence by individuals. The building in 2008 of walls to separate Roma from the non-Roma population in Brasov, Romania and in the district of Beja, Portugal demonstrate the extent to which racism and intolerance against Roma is sometimes deeply rooted in people’s mindsets.49 24. Racism and racial discrimination against Roma is also deeply rooted in State institutions. While the Special Rapporteur is aware of the difficulty in acknowledging such a reality, he is however convinced that recognition is the necessary first step towards ending racial discrimination against Roma by State officials. Indeed, Roma are confronted with an institutionalized discrimination reflected both in legislation, policies and administrative measures, and in the discriminatory attitudes of State officials. This institutionalized discrimination may be reflected by, inter alia, the exclusion of Roma from national policies or their absolute non-existence in data and figures. Policies such as the fingerprinting of Roma, abuse by police, and racist statements by public officials, or the refusal to employ Roma in public administrations, outlined above, are further symptoms of the existence of racism and racial discrimination within State institutions in a number of countries, including at the highest level. III. Discrimination based on work and descent, including discrimination based on caste and analogous systems of inherited status 25. Over the past three years, the Special Rapporteur has recalled that racial discrimination affects individuals in all societies and regions of the world. While the manifestations of racism may vary in nature and degree depending on the historical, geographical and cultural context, all individuals, regardless of their race, colour, descent or national or ethnic origin, should be offered robust and effective protection against discrimination. In this regard, the Special Rapporteur highlighted last year at the General Assembly that since the 2001 World Conference against Racism, the issue of discrimination based on descent has been on the international agenda. He has noted that the main human rights bodies working in the area of racism and discrimination have clearly stated that the prohibition of this type of discrimination falls within the scope of existing instruments, particularly the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention). The Special Rapporteur has also referred to the draft principles and guidelines for the effective elimination of discrimination based on work and descent and has encouraged States to engage in substantive discussions on this topic and eventually rally around these draft principles. 26. The Special Rapporteur has associated himself with the position taken by the Committee on the Elimination of Racial Discrimination, which, in its concluding observations, has stated that “the term ‘descent’ in article 1 of the Convention does not solely refer to race. The Committee affirms that the situation of scheduled castes and scheduled tribes falls within the scope of the Convention” (CERD/C/304/Add.13, para. 14). The Committee also stated that “discrimination on the grounds of caste constituted a form of racial discrimination” (A/64/271, para. 57) and that “the term ‘descent’ had its own meaning and was not to be confused with race or ethnic or national origin” (CERD/C/304/Add.114, para. 8). More broadly, in its general recommendation No. 29 49 10 Council of Europe, Parliamentary Assembly, “Report of the Committee” (note 31), para. 26.

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