A/70/335
11. Although the major international legal instruments do not explicitly refer to data
collection as a means for realizing human rights for all on an equal footing, signatory
States are requested to take the necessary measures to ensure non-discrimination in
the enjoyment of human rights and promote the development of policies and the
adoption of specific measures for the implementation of their obligations. Further,
States parties are requested to submit reports on the measures they have adopted,
which give effect to those rights, while indicating the factors and difficulties, if any,
which have affected or are affecting implementation. 3 In that respect, the Committee
on Economic Social and Cultural Rights in its general comment No. 1 (1989) on
reporting by States parties asserted that the essential first step towards promoting the
realization of economic, social and cultural rights was diagnosis and knowledge of
the existing situation. It further recommended that States parties monitor the actual
situation in order to be aware of the extent to which the various rights were, or were
not, being enjoyed by all individuals under their jurisdiction.
12. The Committee also emphasized that the preparation of aggregate nation al
statistics was not sufficient, as special attention should be given to any specific
groups or subgroups which appeared to be particularly vulnerable or disadvantaged
and that qualitative, as well as quantitative, data were required in order for an
adequate assessment of the situation to be made. It further stated that while
monitoring was designed to give a detailed overview of the existing situation, the
principal value of such an overview was to provide the basis for the elaboration of
clearly stated and carefully targeted policies, including the establishment of
priorities through an inclusive process fostered by effective sharing of accurate and
thorough information with all stakeholders at the national level. More specifically,
in its general comment No. 20, the Committee emphasized that, in order for States
parties to “guarantee” that the Covenant rights would be exercised without
discrimination of any kind, discrimination must be eliminated both formally and
substantively, thus requiring sufficient attention to be paid to groups of individuals
who suffered historical or persistent prejudice instead of merely comparing the
formal treatment of individuals in similar situations. The Committee has advised
that national strategies, policies and plans should use appropriate indicators and
benchmarks, disaggregated on the basis of the prohibited grounds of discrimination.
13. The Human Rights Committee noted in its general comment No. 18 (1989) on
non-discrimination that when reporting on articles 2 (1), 3 and 26 of the International
Covenant on Civil and Political Rights, States should also report on whether there
remained any problems of discrimination in fact, which might be practised either by
public authorities, by the community, or by private persons or bodies. The Committee
therefore called for the submission by States parties of information about legal
provisions and administrative measures directed at diminishing or eliminating such
discrimination. Taken together with the jurisprudence of the Committee on Economic,
Social and Cultural Rights, it could be inferred that the collection of disaggregated
data on human rights indicators are crucial for monitoring the realization, protection
and promotion of human rights for all and upholding the principles of
non-discrimination and equality.
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See International Covenant on Civil and Political Rights, article 40 (1), and International
Covenant on Economic, Social and Cultural Rights, article 16.
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