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with those involved on a daily basis. They also make it possible not only to publicize the
positive work being done, and the mechanisms used, by the United Nations, in combating racial
and religious discrimination, but also to work directly with the interested parties (States,
representatives of ethnic groups and minorities, NGOs) and thereby avoid a deterioration in the
relations between them and in some cases even help to resolve conflict situations. The special
rapporteurs and the various human rights treaty monitoring bodies could be requested, if
necessary, to devote space in each of their respective reports to particular developments in the
area of aggravated discrimination.
139. Special action should be taken to persuade States that have not yet done so to ratify the
international conventions against the various forms of discrimination, and to continue to make
efforts to ensure the universal recognition of individual complaints under the conventions.
2. Internal protection
(a)
Improvement of legal protection, in particular under criminal legislation
140. With regard to States’ attitude to legislation in this area, a number of the general
recommendations formulated at the United Nations Seminar on the encouragement of
understanding, tolerance and respect in matters relating to freedom of religion or belief
(Geneva, 3-14 December 1984) (ST/HR/SER.A/16, para. 102) are still of relevance today. They
need, however, to be adapted very specifically to the potential discrimination situations with
which this study is concerned. For example, high priority should be given to action to
implement international standards on the protection of freedom of religion or belief and against
racial discrimination. Each State should provide, if necessary and in accordance with its
constitutional system, constitutional and judicial guarantees to ensure that freedom of religion or
belief and membership of a minority or an ethnic and religious group are protected in a concrete
manner by explicit provisions. It would be highly desirable for some States to enact general
legislation based on international standards (see, for example, E/CN.4/1999/58/Add.1, para. 72).
141. States must make efforts to enact legislation or to modify existing legislation, as
appropriate, in order to prohibit all discrimination based on identification of individuals with
multiple groups. Most importantly, positive criminal legislation should be enacted, not only
imposing severe penalties on single forms of discrimination, but above all defining a new
offence of concomitant racial and religious discrimination, which should carry a specific penalty,
and naturally one that is heavier than that imposed for single forms of discrimination, whether
religious or racial.141 United Nations bodies (General Assembly, Commission on Human Rights,
etc.) could prepare model legislation for the guidance of States in enacting domestic legislation,
as has already been done in the area of racial discrimination.142 A similar initiative in the area of
aggravated discrimination is strongly recommended.
142. These guarantees must be followed by the establishment of effective remedies for the
victims of acts of aggravated discrimination. The effectiveness of remedies depends on a
number of criteria that are very well known.143