should ensure that members of national and ethnic
minorities are not discriminated against in their
access to the media and have the possibility of
creating and using their own media in their own
language. (CERD/C/TKM/CO/5, paragraph 15)
Right to Non-discrimination:
CERD has also addressed issues of discrimination
in a variety of fields, including health and HIV
(e.g. in 2006 in relation to South Africa):
While acknowledging the State party’s programmes for the prevention and treatment of
HIV/AIDS [in South Africa], the Committee is
concerned at the high rate of HIV/AIDS among
persons belonging to the most vulnerable ethnic
groups (art. 5 (e)).The Committee recommends
that the State party strengthen its programmes
in the field of health, with particular attention
to minorities, bearing in mind their disadvantaged situation resulting from poverty and lack
of access to education, and encourages the
State party to take further measures to combat
HIV/AIDS. (CERD/C/ZAF/CO/3, paragraph 20)
CEDAW has frequently recommended that States
enact temporary special measures in order
to eliminate discrimination against minority
women in fields of political participation, education, employment and health (e.g. in 2005 in
relation to Israel):
The Committee encourages the State party to take
sustained measures, including temporary special
measures in accordance with article 4, paragraph 1,
of the Convention and the Committee’s general recommendation 25, and to establish concrete goals
and timetables so as to accelerate the increase in
the representation of women, including Israeli
Arab women, in elected and appointed bodies in all
areas of public life …[and] to reduce the drop-out
rates of Israeli Arab girls and increase the number
of Israeli Arab women at institutions of higher education. The Committee requests the State party
to take effective measures to eliminate discrimination against Bedouin women and to enhance
respect for their human rights through effective
and proactive measures, including temporary
special measures in accordance with article 4, paragraph 1, of the Convention and the Committee’s
general recommendation 25, in the fields of education, employment and health. (A/60/38(SUPP),
paragraphs 252, 256 and 260).
CEDAW has also expressed concerns about
discrimination against women within minority
communities, resulting from non-application
of individual human rights law (e.g. in 2007 in
relation to Greece):
The Committee expresses concern about the
non-application of the general law of Greece to
the Muslim minority on matters of marriage and
inheritance, as Muslim communities can choose
to be governed by Sharia law. The Committee is
concerned that this situation leads to discrimination against Muslim women, in contravention
of the Greek Constitution and article 16 of the
Convention. The Committee notes with concern
the continuing phenomenon of early marriage
and polygamy in the Muslim community notwithstanding the fact that they are in conflict with the
Greek constitutional order and the Convention.
The Committee urges the State party to increase
efforts to raise the awareness of Muslim women of
their rights and of remedies against violations, and
to ensure that they benefit from the provisions of
Greek law on marriage and inheritance. CEDAW/C/
GRC/CO/6 (paragraph 33 and 34)
CAT has also frequently denounced racial
violence and advocated stricter measures to deal
with it (e.g. in 2007 in relation to Russia):
The reported rise in violent attacks because of the
race, ethnicity or identity of the victim, including
forced evictions in the Kaliningrad area [of Russia],
and the alleged absence of effective investigations
into such crimes: the State party should ensure that
all officials are instructed that racist or discriminatory attitudes will not be permitted or tolerated and
that any official who is complicit in such attacks
will be prosecuted and suspended from his/her
post pending resolution of the case or, if there is a
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