Ad Hoc Committee on Complementary Standards Item 3 – Multiple forms of discrimination
Thank you, Mr. Chairperson,
I have the honour to speak on behalf of the cross-regional group on Complementary Standards, namely, the delegations of Argentina, Brazil, Chile, Colombia, Dominican Republic, Guatemala, Japan, Mexico, the Republic of Korea, Switzerland and Uruguay.
Our Group is of the opinion that a full discussion on multiple and aggravated forms of discrimination is warranted in the Ad hoc Committee. As racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent or national or ethnic origin, we recognize that victims can suffer additional discrimination based on other grounds.
For the purpose of our discussion here, there is no justification for restricting protection against multiple discrimination to the grounds that are explicitly mentioned in the DDPA, i.e.
sex, language, religion, political or other opinion, social origin, property, birth or other status.
We also need to address inter alia, nationality, national origin, minority status, marital status, disability, HIV/Aids status, gender identity and sexual orientation.
Any response we can provide for victims, in order to prevent, repress and punish multiple and aggravated forms of discrimination, must be all encompassing and not follow a selective process. We would not be in a position to support proposals and approaches that aim to protect only some victims while excluding others.
Mr. Chairperson,
It is our view that the existing standards provide sufficient basis for protection against multiple discrimination at the national level in terms of responsibility and remedies and that protection will be enhanced through better implementation of existing instruments. However, multiple discrimination is not only a sum of specific manifestations of discrimination, but it creates a different class of discrimination.
Experience has shown that laws are not enough to fight against racism, racial discrimination, xenophobia and related intolerance and they will not be enough to fight against multiple and aggravated forms of discrimination. It is a complex phenomenon that requires diversified and complementary approaches.
There is a need for more understanding of the phenomenon as well as the intersectoriality of racial discrimination and multiple and aggravated forms of discrimination, as the trends and manifestations vary from one country to another, from one region to another.
As recognized by the report of the Five Experts, it needs to be addressed with a particular focus on: the recognition of its diversified characteristics; definition of linkages between different grounds of discrimination; and an understanding of the consequences of their combined manifestations.
For this reason, our Group proposed in our contribution that the CERD in particular could consult with States and stakeholders and could possibly consider elaborating a General Comment on the issue.
I thank you Mr. Chairperson.
