II. Contributions received from Member States


30. The Government referred to the new draft law for the integration into the Greek legal order of Framework Decision 2008/913/JHA for addressing certain forms and manifestations of racism and xenophobia through the criminal law. The law includes provision for the prosecution of racist and intolerance offences; the administrative liability of legal entities that are involved in any form or manifestation of racism or intolerance; and the expansion of the grounds of discrimination to include sexual orientation. Greece has signed the Convention on Cybercrime and its Additional Protocol concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems. A draft law has been evaluated by a special legislative committee and transmitted to the Minister of Justice for submission to parliament for final adoption.

III. Contributions received from the United Nations system and non-governmental and other organizations

80. Amis des étrangers au Togo provided information about discrimination against women, elderly persons, people with disabilities and ethnic minorities in Togo. It indicated that migrants are particularly marginalized and discriminated against and that discrimination on the basis of sexual orientation remains a problem in Togo. Reference was made to the criminalization of homosexuality under the law.

IV. Conclusions and recommendations

89. Several countries informed the Special Rapporteur that their constitution and legislation enshrine the principles of equality and non-discrimination and prohibit incitement to racial, religious and national hatred. Some States have also included discrimination based on sexual orientation in their legal framework, which is appreciated by the Special Rapporteur. Furthermore, the Special Rapporteur notes that some countries have adopted legislation specifically to address the challenges posed by extremist political parties, movements and groups, and have elaborated legal or constitutional provisions to prohibit organizations and associations that incite to discrimination, national, racial or religious hatred or violence and propagate fascist ideology. However the Special Rapporteur also notes that some States whose constitutions prohibit discrimination have not yet adopted legislation regarding racial discrimination. He further notes that legislation, when it exists, does not always include a definition of racial discrimination. The Special Rapporteur encourages States to adopt the necessary legislation to combat racism while ensuring that the definition of racial discrimination complies with article 1 of the Convention. In this regard, the Special Rapporteur recalls that any legislative or constitutional measures adopted with a view to countering extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and similar extremist ideological movements should be in conformity with the relevant international human rights standards. He urges States to fully respect and implement their obligations under article 4 of the Convention and articles 19, 20, 21 and 22 of the International Covenant on Civil and Political Rights.

Link to full text of the report: Report-SRRacism-Contemporary forms-2012-eng


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