A/HRC/15/45
A.
The human rights principle of non-discrimination
6.
Extremist political parties, movements and groups often defend and propagate an
ideology that fosters racism, racial discrimination, xenophobia and related intolerance, and
bring into question the overarching human rights principle of non-discrimination. Indeed,
these parties, movements and groups frequently incite, either implicitly or explicitly,
discrimination against certain groups of individuals in relation to, inter alia, their access to
employment, education or housing, or to their rights to vote or to obtain nationality.
7.
The rise of extremist political parties, movements and groups within a given society
is often linked to the difficulty, or sometimes failure, of the traditional political parties to
deal adequately with certain social and economic issues, such as immigration,
unemployment and insecurity. Indeed, these parties, movements and groups frequently rely
on general discontent within the population to blame specific groups of the population for
the existing insecurity and socio-economic difficulties endured, and put forward often
simplistic and populist solutions. In this context, through their ideology and activities,
extremist political parties, movements and groups often exacerbate racist and xenophobic
attitudes by designating certain vulnerable groups, such as migrants, refugees, asylumseekers or members of minorities, as the main source of the problems causing anxiety and
uncertainty among the population. For instance, the Special Rapporteur notes that there are
unfortunately deeply marked tendencies to characterize migration as a tangible threat to
social cohesion, national identity or security. Indeed, in times of economic turmoil, the
Special Rapporteur has, for instance, received reports indicating that migrants were being
accused of ���stealing” employment from nationals.
8.
In addition to the above, extremist parties, movements and groups also frequently
incite discrimination by emphasizing that they are the only legitimate holders of the
national identity of a given country. History abounds with examples of extremist political
parties, movements and groups claiming that they were the only legitimate holders of the
national identity of a given country and which adopted a very divisive approach in this
regard. Indeed, these parties, movements and groups often used the concept of national
identity in a simplistic manner to determine which individuals could be considered part of
the group and which ones were the outsiders. In doing so, the concept of “otherness” was
strongly emphasized as a tool to differentiate or create artificial differences between certain
groups of the population. In extreme cases, this unfortunately led to a strict, and sometimes
irreversible, categorization of individuals and consequently to the social exclusion and
discriminatory treatment vis-à-vis certain individuals and groups of individuals.
9.
The principle of non-discrimination is generally perceived as one of the most
important in the field of human rights, and is therefore enshrined in all core international
human rights conventions. In this context, the Special Rapporteur would like to reiterate
that acts of discrimination, or incitement thereto, are clearly prohibited in international
human rights law. As such, States have the duty to refrain from discriminating against
individuals or groups of individuals based on, inter alia, colour, descent, national or ethnic
origin; to prevent such discrimination, including from non-State actors; and to take steps to
ensure that, in practice, every person on their territory enjoys all human rights without
discrimination of any kind.
10.
With regard to incitement to discrimination in particular, the Special Rapporteur
would like to recall that article 20 of the International Covenant on Civil and Political
Rights states that “any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by law”.
4
GE.10-15022
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