PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
the Convention challenges traditional approaches to disability and has the potential to redress the
legacy of disempowerment, paternalism and ableism.1229
Beyond these specific provisions, an emphasis on challenging social norms that cause, drive or exacerbate
discrimination can be read throughout international human rights law and in relation to all possible protected
grounds. Thus, for example, the Committee on Economic, Social and Cultural Rights has noted that States
must “adopt an active approach to eliminating systemic discrimination”, which will “usually require a
comprehensive approach with a range of laws, policies and programmes”.1230 In their concluding observations,
both the Committee on Economic, Social and Cultural Rights and the Human Rights Committee have called
on States to adopt measures to challenge prejudice and discriminatory stereotypes affecting a wide range of
protected groups.1231
These long-standing obligations to tackle the underlying causes of discrimination have been given renewed
focus as the international human rights system has paid greater attention to the problem of stigma as a
driver of human rights violations. For example, in the 2018 inaugural report of the Independent Expert on
protection against violence and discrimination based on sexual orientation and gender identity, the mandate
holder noted that:
At the root of the acts of violence and discrimination under examination lies the intent to punish
based on preconceived notions of what the victim’s sexual orientation or gender identity should be,
with a binary understanding of what constitutes a male and a female … or the masculine and the
feminine, or with stereotypes of gender sexuality … and a form of gender-based violence, driven by
an intention to punish those seen as defying gender norms …. The connected acts are invariably the
manifestation of deeply entrenched stigma and prejudice, irrational hatred …. stigma is attached
to an identity that is labelled as abnormal and based on a socially constructed process of alienation
between “us” and “them”.1232
Other United Nations human rights mandate holders, ranging from the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment1233 to the Special Rapporteur on the human
rights to safe drinking water and sanitation,1234 have noted the role that stigma plays in driving discriminatory
violation of human rights. Concern with stigma as a driver of discrimination has also been raised at the regional
level by the Court of Justice of the European Union,1235 for example.
Over time, as understanding of the range of negative social forces which drive discrimination has increased,
the United Nations human rights system has identified and drawn attention to a growing range of forms of
prejudice and stigma and the measures necessary to combat them. There have, for example, been no fewer
than three world conferences against racism. Stigma and prejudice targeted at specific minority communities,
such as antisemitism,1236 Islamophobia or anti-Muslim hatred,1237 and anti-Gypsyism,1238 have been the subject
of particular attention by the Human Rights Council. UN-Women, the Commission on the Status of Women
and the Committee on the Elimination of Discrimination against Women have all addressed the role of sexism
194
1229
A/HRC/43/41, para. 40.
1230
Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 39.
1231
For instance, in 2020, the Human Rights Committee called upon Portugal to “strengthen its efforts to combat intolerance, stereotypes,
prejudice and discrimination towards vulnerable and minority groups, including Roma, African descendants, Muslims and lesbian, gay,
bisexual and transgender persons”. Relatedly, in its recent concluding observations on Guinea, the Committee on Economic, Social and
Cultural Rights recommended the implementation of “awareness-raising campaigns to combat stereotypes about individuals and groups
at risk of discrimination, such as persons living with HIV/AIDS and persons with albinism”. See CCPR/C/PRT/CO/5, para. 15 (a); and
E/C.12/GIN/CO/1, para. 19 (e).
1232
A/HRC/38/43, paras. 48–49.
1233
A/HRC/22/53, paras. 36–38.
1234
A/HRC/21/42, paras. 36–38. This preoccupation was subsequently taken up by other actors within the human rights system. See, for
example, making the link between pathologization, stigma and discrimination: A/HRC/26/28/Add.2; and A/HRC/35/21.
1235
See, for example, Court of Justice of the European Union, CHEZ Razpredelenie Bulgaria AD v. Komisia za zashtita ot diskriminatsia, Case
C83/14, Judgment, 16 July 2015, in particular the Opinion of Advocate General Kokott delivered on 12 March 2015.
1236
A/74/358.
1237
See, for example, A/74/195; A/74/215; A/HRC/43/28; and United Nations, “United Nations Strategy and Plan of Action on Hate Speech”.
1238
Human Rights Council resolution 26/4; and A/HRC/29/24.