danger of recurrence, transferred to a post which
does not enable him/her to come into direct contact with potential victims. The State party should
ensure prompt, impartial and effective investigations into all such acts of violence. (CAT/C/RUS/
CO/4, paragraph 23).
Access to Justice:
CAT has recommended taking measures to
prevent the high incidence of deaths in custody among members of minorities, including
through increasing the representation of minorities in police forces (e.g. in relation to Guyana
in 2006):
While taking note of the efforts made by the State
party in addressing the issue of the ethnic composition in the Guyana Police Force, the Committee
is concerned at the reduced presence of persons
of Indo-Guyanese origin in the police force, which
would appear to be among the underlying causes
of the high number of deaths in custody of persons of Indo Guyanese origin. The State party
should continue its efforts to diversify the ethnic
composition of the Guyana Police Force and
take appropriate measures to prevent the incidence of deaths in custody. (CAT/C/GUY/CO/1,
paragraph 9)
The CRC has drawn attention to the protection of
minorities in relation to the process of post-war
reconciliation (e.g. in 2005 in relation to Bosnia
and Herzegovina):
The Committee recommends that the State party
take effective measures to protect the full enjoyment of the rights of children belonging to ethnic
minority groups [in Bosnia and Herzegovina] and
undertake special measures to stimulate a process
of reconciliation and confidence building, including
wide-ranging educative and awareness-raising
campaigns. (CRC/C/15/Add.260, paragraph 76).
Minority Rights Cases in Individual
Complaints Mechanisms:
Four of the international human rights
treaties (those dealing, respectively, with civil and
political rights, racial discrimination, women’s
rights, and torture) have individual complaint
mechanisms through which members of minorities (among others) can seek protection of their
rights. Complaints can be considered under
these optional petitions procedures where the
State has accepted the First Optional Protocol of
ICCPR, Optional Protocol to CEDAW, Article 22 of
CAT and Article 14 of ICERD.
The successful use of these mechanisms by
persons belonging to minorities is illustrated
through the following examples:95
In Waldman v. Canada (communication No.
694/1996), the author (a father of two children
enrolled in a private school) claimed that the
legislation entitling solely the Roman Catholic
minority in the Province of Ontario with the right
to receive public funding for religious education,
was in breach of articles 2, 18, 26 and 27 of ICCPR.
The CCPR Committee held that the Covenant does
not create any obligation upon the States parties
to fund schools established on a religious basis.
On the other hand, it noted that when a State
party chooses to publicly fund religious schools,
it should make the funding available without discrimination. According to the Committee, any
discrimination should be justified on the basis of
reasonable and objective criteria. The Committee
held that the criteria presented by the Government
to justify the preferential treatment of the Roman
Catholic minority, such as the historical basis of
such preferential measures and their constitutional legislative basis, could not be considered as
reasonable and objective. As a result, Canada was
found in breach of Mr. Waldman’s right to be
afforded equal and effective protection against
discrimination (art. 26, ICCPR).
The case summaries are taken from E/CN.4/Sub.2/AC.5/2006/4. The full text of these cases can be found on the Office of the United Nations High Commissioner for Human
Rights website (www.ohchr.org) in the treaty bodies database, jurisprudence section.
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