A/55/280
adoption of a resolution dealing specifically with
aggravated discrimination;
prevention programmes; production of appropriate
textbooks.
(b) The Conference against discrimination
could, within the context of its declaration and
programme of action, devote some thought to
aggravated discrimination;
117. States could also use the following means:
information and communication; dialogue between and
within religious groups; town planning policies;
democracy and development.
(c) Protection
against
aggravated
discrimination in the context of existing conventions
and other instruments could be strengthened through
review and follow-up procedures and through deadlines
for consideration.
118. The Special Rapporteur is currently preparing a
second study on racial discrimination, religious
intolerance and education. This study will meet his
constant concern to prevent racial and religious
discrimination. Pursuant to paragraph 8 of the abovementioned Commission on Human Rights resolution
2000/33, it should help, within the context of the
mandate on religious intolerance, to promote the
concept of “preventive action”, which is the goal that
the High Commissioner emphasized in relation to the
World Conference against Racism in her general report
on the follow-up to the World Conference on Human
Rights (E/CN.4/2000/12, para. 21).
115. Internal protection. This will mean improving
legal protection, in particular under criminal
legislation:
(a) Each State should provide judicial
guarantees to ensure that freedom of religion or belief
and membership of an ethnic and religious group are
protected in a concrete manner by explicit provisions.
It would be desirable for some States to enact general
legislation based on international standards;
(b) 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, that of aggravated 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;
(c) Establishment of an independent equalopportunity authority to monitor racial and religious
discrimination.
B. Prevention of aggravated discrimination
116. Education and training. States need to ensure
that, whatever the ethnic and religious make-up of the
society, their education system is capable of observing
the following principles, which form the basis of a
policy striking at the roots of aggravated
discrimination: encouragement through education and
teaching; prohibition against segregating classes
according to membership of ethnic and religious
groups; condemnation of racism in schools; appropriate
26
119. The recommendations of that study will also be
intended to give States guidance for their preventive
actions in the area of education. The Commission on
Human Rights in its resolution 2000/85 of 27 April
2000 on the rights of the child, under the heading
“Education”, asked States to ensure that emphasis is
given to the qualitative aspects of education and that
education is directed, inter alia, to the development of
respect for human rights and fundamental freedoms
and to the preparation of the child for a responsible life
in a free society, in a spirit of understanding, peace,
tolerance, gender equality and friendship among
peoples, ethnic, national and religious groups, and
persons of indigenous origin; and to take all
appropriate measures to prevent racist, discriminatory
and xenophobic attitudes and behaviour, through
education, keeping in mind the important role that
children have to play in changing these practices.
120. Finally, this study will provide additional
guidance to the conference on school education in
relation to freedom of religion and belief, tolerance and
non-discrimination, which is scheduled for November
2001.