A/HRC/26/29
enjoy or exercise, on an equal basis with others, all human rights and fundamental
freedoms (A/HRC/19/41);
• Provide reasonable accommodation of and support to persons with disabilities to
ensure that they enjoy or exercise, on an equal basis with others, all human rights
and fundamental freedoms;7
• Combat prejudice, eliminate discrimination and promote tolerance, understanding
and good relations among indigenous peoples and all other segments of society;8
• Take measures to protect and promote the rights of minorities and their identity and
take positive action to help minority cultures flourish;9
• Prohibit the collective expulsion of migrant workers and members of their families
and prohibit discriminatory legislation, in particular concerning remuneration,
conditions of work and terms of employment;10
• Contribute to the national, economic and social development processes of internally
displaced people.11
19.
The Special Rapporteur notes that, in general, State obligations to achieve nondiscrimination and equality are immediate and not subject to progressive realization.
20.
International human rights instruments that protect the rights of particular groups
specifically recognize directly or indirectly the rights to freedom of peaceful assembly and
of association for those groups:
• The Convention on the Rights of the Child requires States parties recognizes the
rights of the child to freedom of association and to freedom of peaceful assembly
(art. 15).
• The Convention on the Elimination of All Forms of Discrimination against Women
requires States to take all appropriate measures to ensure that women are able to
participate in the political and public life of the country on equal terms with men.
That includes the right to participate in non-governmental organizations (NGOs) and
associations concerned with the public and political life of the country (art. 7).
• The obligation of States to safeguard the human rights of LGBTI people is well
established in international human rights law on the basis of the Universal
Declaration of Human Rights, which, in article 1, unequivocally reads: “All human
beings are born free and equal in dignity and rights.” Moreover, it is enshrined in the
jurisprudence and interpretation of State obligations arising from international
human rights law by numerous United Nations human rights treaty bodies.12 In its
resolution 17/19, the Human Rights Council expressed concern at acts of violence
and discrimination, in all regions of the world, committed against individuals
because of their sexual orientation and gender identity.
7
8
9
10
11
12
Convention on the Rights of Persons with Disabilities, art. 4, para. 1.
United Nations Declaration on the Rights of Indigenous Peoples, art. 15.
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities, arts. 1 and 4.
International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, arts. 22 and 25.
General Assembly resolution 68/180.
See, for example, the Human Rights Committee, Toonen v. Australia (Views) and
CCPR/C/KWT/CO/2; the Committee on Economic, Social and Cultural Rights, general comment
No. 20 (2009); the Committee on the Rights of the Child, general comments No. 3 (2003), No. 4
(2003) and No. 13 (2011); and the Committee against Torture, general comment No. 2 (2007).
7
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