A/HRC/4/WG.3/6
page 24
73. CERD in its general recommendation No. 29 (2002) on article 1, paragraph 1 of the
Convention (Descent) confirms its view that the “term ‘descent’ in article 1, paragraph 1 of the
Convention does not solely refer to ‘race’ and has a meaning and application which complement
the other prohibited grounds of discrimination” and that “discrimination based on ‘descent’
includes discrimination against members of communities based on forms of social stratification
such as caste and analogous systems of inherited status which nullify or impair their equal
enjoyment of human rights.”60 CERD attempted to identify various factors that may point to the
existence of descent-based communities who suffer from discrimination, including the
following: inability or restricted ability to alter inherited status; socially enforced restrictions on
marriage outside the community; private and public segregation, including in housing and
education, access to public spaces, places of worship and public sources of food and water;
limitation of freedom to renounce inherited occupations or degrading or hazardous work;
subjection to debt bondage; subjection to dehumanizing discourses referring to pollution or
untouchability; and generalized lack of respect for their human dignity and equality.
74. In general recommendation No. 29, CERD issued a series of detailed recommendations
which if implemented would serve to alleviate the problems resulting from discrimination based
on descent. Although CERD made the adoption of the proposed measures subject to the
assessment of their appropriateness under particular circumstances by States parties, the relevant
recommendations serve the development of the existing standards, in particular with regard to
their application. Forty-eight recommendations are grouped into eight chapters: (a) measures of a
general nature; (b) multiple discrimination against members of descent-based communities;
(c) segregation; (d) dissemination of hate speech including through the mass media and the
Internet; (e) administration of justice; (f) civil and political rights; (g) economic and social rights;
and (h) right to education.
75. At the level of the Sub-Commission for the Promotion and Protection of Human Rights
(the Sub-Commission), the latter adopted a resolution calling for a study on discrimination based
on work and descent to be undertaken.61 The Commission endorsed the request and entrusted two
Special Rapporteurs with the task of preparing a comprehensive study on discrimination based
on work and descent. The Special Rapporteurs submitted their progress report to the Human
Rights Council in 2006.62 It contains a set of principles and guidelines highlighting the
international standards prohibiting discrimination based on work and descent.63
60
Preambular paragraphs 6 and 7.
61
Sub-Commission resolution 2004/17.
62
Pursuant to General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights
Council”, all mandates, mechanisms, functions and responsibilities of the Commission on
Human Rights, including the Sub-Commission, were assumed, as of 19 June 2006, by the
Human Rights Council.
63
A/HRC/Sub.1/58/CRP.2.
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