cultural practices that violate human rights norms as a further attack on the group. In this instance, there may be a negative reaction from the group (or from the group’s leaders) to state interference. On the other hand, cultures are not homogeneous and there may be those within a community who are not in favour of harmful practices and who are working to eradicate them.11 States could work with the group to eradicate harmful practices in a way that does not threaten the overall identity of the group. Key Messages  Practices within minority communities that violate the human rights of individual members should be prohibited.  Prohibiting specific practices does not permit prohibition of whole cultural identities. 3.5 NON-DISCRIMINATION AND EQUALITY: Minorities have a right to non-discrimination and to equality. The principles of non-discrimination and equality are established firmly in international law. There are two types of discrimination – direct and indirect. Broadly speaking, direct discrimination has the purpose of discriminating and indirect discrimination has the (unintended) effect of discriminating. The International Covenant on the Elimination of All Forms of Racial Discrimination (ICERD) is the core international treaty on the right to non-discrimination. ICERD defines racial discrimination as: any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life (article 1.1). Many domestic laws extend non-discrimination to religious or linguistic groups. The Committee on the Elimination of Racial Discrimination (CERD), in reviewing State periodic reports has correlated religious or linguistic identity to other identities protected by ICERD, such as ethnicity. The ICERD requires the establishment of effective remedies for the prohibition and elimination of discrimination in the enjoyment of civil, political, economic, social and cultural rights (article 5). This includes the creation of national tribunals to combat discrimination (article 6) and public education to promote non-discrimination (article 7). The ICERD also prohibits incitement to hatred, discrimination or acts of violence against any group on the basis of race, colour or ethnic or other origin (article 4). Similarly, the ICCPR prohibits “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence” (article 20.2). Importantly, ICERD allows for State ‘special measures’ in “social, economic, cultural and other fields” in order to achieve full and equal enjoyment of human rights for groups that face discrimination (articles 1.4 and 2.2). Frequently, these take the form of affirmative action policies (also known as ‘positive discrimination’), such as those designed to improve access to employment or education but may also include efforts like targeted development interventions. These ‘special measures’ are not considered as discriminatory under international law if they aim to overcome the barrier posed by discrimination that prevents groups from equally accessing their rights. This is with the proviso that such measures are terminated once discrimination is no longer a factor. For example, in many states there are women and men working to eradicate Female Genital Mutilation (FGM), which is a practice carried out by both minority and majority communities but often cited as a ‘minority group problem’. In addition, individuals have the right to freely exercise or not their culture under article 3.2 of the UNDM. 11 22 M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g