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prevention of, and redress for, inter alia, any form of propaganda designed to promote or
incite discrimination based on indigenous identity or origin (art. 8).
11.
International frameworks specifically applicable to refugees, stateless persons,
internally displaced persons, migrant workers, women and children all contain relevant
provisions to combat forms of discrimination that may be rooted in xenophobia. The
International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families guarantees a minimum universal standard of human rights
protections irrespective of the migrant workers’ legal status. States parties are under a
positive obligation to ensure equality of treatment with that of nationals in areas including
social security benefits (art. 27), detention (art. 17), emergency medical care (art. 28) and
the child’s right to access education (art. 30). Furthermore, all migrant workers are entitled
to treatment not less favourable than that of nationals with respect to remuneration,
conditions of work and terms of employment (art. 25). The Committee on Migrant Workers
has called upon States parties to take effective measures, such as hate crime legislation and
raising public awareness, to combat all manifestations of racism, xenophobia or related
intolerance against migrant workers and members of their families.
12.
The Convention relating to the Status of Refugees prohibits States parties from
discriminating against refugees on the grounds of their race, religion or country of origin
(art. 3). The Office of the United Nations High Commissioner for Refugees (UNHCR) has
found that negative public attitudes towards refugees and other vulnerable foreign nationals
threaten efforts to protect these groups, and has called for the enactment of hate crimes
legislation and measures to promote tolerance, in the framework of the fight against
xenophobia.
13.
Article 3 of the Convention relating to the Status of Stateless Persons prohibits
discrimination against stateless persons on the basis of their race, religion or country of
origin. Article 9 of the Convention on the Reduction of Statelessness prohibits States
parties from depriving any person or group of their nationality on racial, ethnic, religious or
political grounds. The Guiding Principles on Internal Displacement state that internally
displaced persons “shall not be discriminated against in the enjoyment of any rights and
freedoms on the ground that they are internally displaced”.
14.
A number of the conventions of the International Labour Organization also prohibit
discrimination, including the Discrimination (Employment and Occupation) Convention,
1958 (No. 111), which protects all workers — nationals and non-nationals alike — from
discrimination in equality of opportunity in regard to employment or occupation. The
Migration for Employment Convention (Revised), 1949 (No. 97) prohibits discrimination
against migrant workers on the basis of nationality (art. 6). Article 3 of the same
Convention places an obligation on the State to take all appropriate steps against misleading
propaganda relating to emigration and immigration. The Domestic Workers Convention,
2011 (No. 189) obliges the State to address the particular vulnerabilities of migrant
domestic workers to discriminatory practices.
2.
(a)
Regional legal and policy frameworks
Inter-American system
15.
The Organization of American States has significant legally binding instruments that
are central to combating xenophobia and its manifestations. The Charter of the
Organization of American States proclaims the fundamental rights of the individual without
distinction as to race, nationality, creed or sex.
16.
Article 1 of the American Convention on Human Rights prohibits discrimination on
the basis of race, colour, sex, language, religion, political or other opinion, national or
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