A/HRC/4/WG.3/6
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economic, social and cultural rights is a mandatory and immediate obligation of States parties.
Similarly to all human rights, equality of rights imposes three levels of obligations on States
parties - “the obligation to respect, to protect and to fulfil”.12
27. According to CESCR, the obligation to fulfil requires States parties to take steps to ensure
that in practice, men and women enjoy their economic, social and cultural rights on a basis of
equality.13 The obligation to respect requires States parties to refrain from discriminatory actions
that directly or indirectly result in the denial of the equal right of men and women to their
enjoyment of economic, social and cultural rights.14 The obligation to protect requires States
parties to take steps aimed directly at the elimination of prejudices, customary and all other
practices that perpetuate the notion of inferiority or superiority of either of the sexes, and
stereotyped roles for men and women.15
28. The experts believe that progress in ensuring protection against racism, racial
discrimination, xenophobia and related intolerance is hampered by the lack at present of legally
binding norms which impose on States the obligation to introduce mandatory human rights
education in their educational systems. Further, the provisions which require that States adopt
anti-discrimination legislation are often too general and abstract, leaving States without guidance
as to minimum legal standards to be met in their domestic laws, in the absence of which
protection against racial discrimination may be rendered illusory.
Assessment and recommendations
1. The role of human rights education
29. The DDPA underlines the importance of human rights education as a key to changing
attitudes and behaviour and to promoting tolerance and respect for diversity in societies16 and,
therefore as crucial in the struggle against racism, racial discrimination, xenophobia and related
intolerance.17 The importance of human rights education is also underlined in several other
human rights documents. The Vienna Declaration and Programme of Action assert that “human
rights education, training and public information are essential for the promotion and achievement
of stable and harmonious relations among communities and for fostering mutual understanding,
12
Paragraph 17.
13
Ibid., para. 21.
14
Ibid., para 18.
15
Ibid., para. 19.
16
Para. 95 of the Declaration.
17
See para. 97 of the Declaration; and paras. 125-139 of the Programme of Action.
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