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that there is a body of sufficiently well-established rules and a set of
principles shared by all the nations and all the States members of the
international community, which suggests an openness to theoretical
acceptance of a right to freedom from aggravated discrimination. At the
international level, most of these principles are dispersed throughout the
human rights instruments adopted since the United Nations came into
being. The universal instruments are generally more advanced than the
regional texts in this regard. The universal instruments address the issue
of racial and religious discrimination in depth. Some of them even
explicitly define the overlap between race and religion, either in the course
of defining the form of discrimination under consideration, or in
determining the scope ratione personae of the various instruments. The
definition of ethnic and religious minorities, in particular the concepts of
ethnicity and minority, brought out these links. A study of the facts has
also shown that the overlap between racial and religious discrimination is
not merely imagined. No region in the world and no religion, whether
major or minor, traditional or non-traditional, monotheistic or polytheistic,
is immune to aggravated discrimination. In his recommendations aimed at
strengthening protection against aggravated discrimination, the Special
Rapporteur suggested consolidating existing means and mechanisms to
take account of aggravated discrimination. It is necessary to begin
working within the framework of existing mechanisms towards, for
example, the adoption of a resolution dealing specifically with aggravated
discrimination. Special treatment might also be considered: prioritizing
the consideration of cases of discrimination by the various human rights
bodies and organizations, for example, or establishing urgent procedures
and mechanisms for cutting deadlines for States to reply to complaints or
allegations of discrimination of this kind. The Special Rapporteur has
specifically recommended improving legal protection, especially under
criminal legislation. 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. 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. United Nations bodies (General
Assembly, Commission on Human Rights, etc.) could prepare model
legislation for the guidance of States in enacting domestic legislation, as