A/HRC/4/WG.3/6 page 41 135. CERD has specifically declared that the reach of the Convention extends to acts beyond the public sphere.124 In its general recommendation No. 19 (1995) on article 3 of the Convention, CERD affirmed that “… a condition of partial segregation may also arise as an unintended by-product of the actions of private persons” and that “… a condition of racial segregation can also arise without any initiative or direct involvement by the public authorities”.125 136. Article 17, paragraph 1 of ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Paragraph 2 further provides that everyone has the right to the protection of law against such interference or attacks. The provisions of article 17 should be read in the context of article 2 which provides that “Each State party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” 137. In this context, general comment No. 31 (2004) of the Human Rights Committee on the nature of the general legal obligation imposed on States parties to the Covenant, is of great relevance since it deals with the applicability of the entire Covenant to private actors as duty bearers. The Committee stresses that “The article 2, paragraph 1, obligations are binding on States [parties] and do not, as such, have direct horizontal effect as a matter of international law.” The Committee goes on to state that “The Covenant cannot be viewed as a substitute for domestic criminal or civil law. However, the positive obligations on States parties to ensure Covenant rights will only be fully discharged if individuals are protected by the State, not just against violations of Covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of Covenant rights insofar as they are amenable to application between private persons or entities.” The Committee further specifies that “There may be circumstances in which a failure to ensure Covenant rights as required by article 2 would give rise to violations by States parties of those rights …”.126 138. Some other international human rights instruments include similar provisions on the right to privacy, namely CRC in article 16, and ICRMW in article 14. Three other international treaties are also relevant in this regard, notably the 1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, ILO Convention No. 111 of 1958 on Discrimination (Employment and Occupation), and the 1960 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention against Discrimination in Education. 124 See also communication 17/1999. 125 Paragraphs 3 and 4. 126 Paragraph 8.

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