Race, Racism and the Law
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180. Despite the existence of binding international agreements and conventions establishing the principles of non-discrimination and equality without distinctions regarding race, age, language, ethnic group, culture, religion, disability or other status, and growing recognition of the freedom of sexual orientation as a fundamental human right, there remain serious obstacles to the full enjoyment of civil and political rights, as well as economic, social and cultural rights of lesbian, gay, bisexual and transgendered persons.
181. There are high rates of physical, sexual and psychological violence in the public domain and in private life as well as hate crimes against lesbian, gay, bisexual and transgendered persons, particularly in cases aggravated by other forms of discrimination.
182. Discrimination and intolerance based on sexual orientation and gender identity have led to high suicide rates among lesbian, gay, bisexual, and transgendered persons in many parts of the world.
183. Whenever measures are not taken to provide a clean environment because of discrimination on the basis of race, gender, ethnicity, caste and untouchability, age, sexual orientation, gender identity, disabilities, religion, culture, social status, nationality and other forms of discrimination, has often caused increased health problems for many members of these groups.
184. We note with great concern that racism, racial discrimination, xenophobia and other intolerance, including homophobia and sexism, have played a significant role in barring access to education and treatment for those infected, presumed to be infected and affected by HIV/AIDS.
185. We also note with deep concern the dissemination in the media Of stereotypes and pejorative images of Africans, African descendants, Indigenous Peoples, Dalits, migrants and other groups affected by intolerance and discrimination and particularly, women and lesbian, gay, bisexual and transgendered persons of these groups.
Programme of Action
449. Revise existing human rights instruments and ensure the explicit incorporation of the respect for, protection, promotion, and fulfillment of self-determined sexual orientation and gender identity; and take immediate steps to implement all four core responsibilities incumbent on all governments with regard to human rights, both civil and political rights, and economic, social, and cultural rights: to respect these rights, that is not to violate them directly; to protect these rights, that is to ensure that they are not violated by other parties; to promote tolerance and awareness of these rights; and to fulfill these rights, that is to ensure that all persons have the conditions and resources to enjoy these rights freely, fully, and equally.
450. Develop an International Reparations Instrument in accordance with universally recognised human rights norms, whereby all groups and individuals, regardless of race, gender, sexual orientation, gender identity, age, religion, culture, language, disability, economic status, political opinion or national origin who have fallen victim of human rights violations, and in particular discrimination, have the right to reparation.
451. Enact in their Constitutions, clauses guaranteeing non-discrimination and the enjoyment of all individual and collective rights by all persons regardless or race, age, gender, sex, gender identity, sex, ethnic or social origin, sexual orientation, disability, religion, conscience, belief, culture, language and birth.
452. Anti-discrimination policies should be based on the principle of mainstreaming the issue of combating unfair discrimination by including into all stages of decision-making:
· guidelines· participation of target groups· positive actions· implementation mechanisms· monitoring and impact assessment· review of policies· time frames· measurable goals· resource allocation· transparent accountability mechanisms
453. Extend and strengthen programmes on the prevention of HIV/AIDS, including educational programmes that are sensitive to diversity of genders, sexual orientation, and cultures.
454. Pursue educational policies that include cultural, racial and sexual diversity; and that recover the historical contribution of women in the development of their peoples, communities and nations.
455. Revise ILO Convention 111 to include sexual orientation as a ground protected from discrimination.
456. Convene a UN World Conference on discrimination based on sexual orientation and gender identity.
457. Draft a declaration for the elimination of all forms of discrimination based on sexual orientation and gender identity.
458. Repeal those laws that criminalize consensual same-sex relations.
459. Be created and operated with the participation and representation of all affected
populations and peoples.
460. All States develop immigration laws and policies that recognize and protect refugees and asylum seekers who are fleeing persecution on the basis of their gender, gender identity, or sexual orientation.
Race, Racism and American Law (1993).