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REPORT OF THE THE SPECIAL RAPPORTEUR ON THE SITUATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF INDIGENOUS PEOPLE, JAMES ANAYA : ADDENDUM
Survey informants were asked to indentify themselves by race or skin colour using the following classifications: “white”, “black”, “brown” (mixed-race), “yellow” and “indigenous”. 2 See E/CN.4/2006/16/Add.3.
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NATIONAL REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH 5 OF THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 16/21 : [UNIVERSAL PERIODIC REVIEW] : CROATIA
The topics of racism, xenophobia and hate speech form a part of the continuing education of the Education and Teacher Training Agency, and of programmes for professional training of nursery- school teachers, professional teaching assistants, teachers and headmasters.These topics are priority ones for grants to CSOs projects in the field of out-of-institutional upbringing and education of children and youth.Special attention is dedicated to activities related to the Paris Declaration and media literacy aimed at preventing radicalisation. 23 99.31, 99.78–99.80, 99.88, 99.94. 24 A public official or other person who at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity inflicts on another severe pain or suffering, whether physical or mental, for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, shall be punished by imprisonment from one to ten years. 25 Punishable procedures subjecting the prisoner to any form of torture, abuse or humiliation and medical or scientific experiments are forbidden.The victim has the right to compensation for damages, and victims of intentional criminal offences have the right to monetary compensation from the state budget under the Act on Monetary Compensation for Victims of Criminal Offences. 26 Article 66, paragraph 1 of the Juvenile Courts Act: “When, pursuant to the CPA, requirements are met for imposing investigative imprisonment towards a minor, investigative imprisonment shall be A/HRC/WG.6/36/HRV/1 GE.20-02907 23 applied only as a measure of last resort, in proportion to the seriousness of the offence and the expected sanction, its length shall be minimal and it shall be ordered only if its purpose cannot be achieved by the application of precautionary measures, measures of temporary accommodation or home detention.Execution of investigative imprisonment shall be monitored by specialised juvenile judges”. 27 The guardian has the duty to obtain from the family doctor the opinion on the ward's state of health, based on the opinion of a medical specialist, and submit a report on his/her work and on the condition of the ward’s property.The social welfare centre must, every three years, assess whether the ward still needs to be protected by guardianship, and make a report to that effect. 28 The social welfare centre must, at least once a year, reassess the facts that were decisive for rendering a decision on granting this right and, if the circumstances have changed, issue a new decision.Continuous work is being done on the transformation of social welfare homes and deinstitutionalisation, or replacing institutional accommodation and care with community-based care. 29 99.20–99.21, 99.25, 99.27, 99.30, 99.50–99.52, 99.58, 99.61, 99.82, 99.84, 99.86, 99.93, 99.96, 99.108–99.109. 30 If a party, defence counsel, injured party, proxy or statutory representative by any of his acts evidently abuses a right provided for in the CPS, the court shall issue an order denying him the right to that act.The Act prescribes effective conduct of an investigation, deadlines for its completion and the possibility of extending them, and the control mechanism within the state attorney's office conducting the investigation. 31 The right to access services providing support to victims of domestic violence, the right to efficient psychological and other professional assistance of an organisation or institution providing assistance to victims of domestic violence;the right to protection from intimidation and retaliation;the right to protection of the dignity of the victim when testifying as a witness;the right to be accompanied by a person enjoying his/her confidence when taking part in any acts, the right to be informed without unjustified delay, at his/her request, of the release of the defendant from custody or of the defendant having fled, and of the decisions on imposing protection measures and revoking precautionary measures determined for his/her protection having been repealed, or of the convicted person having been released from imprisonment;the right to the confidentiality of data whose disclosure could jeopardize his/her security or the security of other persons to whom the Act applies;the right to demand that proceedings before the court be closed to the public, the right to be represented by another person authorised through power of attorney, the right to be informed, at his/her request, of the acts performed as a result of his/her complaint and of the outcome of the proceedings;the right to be interviewed without unjustified delay shortly after filing a complaint;the right to be interviewed in the proceedings before the court and the right to be further interviewed only to the extent necessary for the purposes of misdemeanour proceedings;the right to be interviewed at the police by a person of the same sex;the right to avoidance of contact with the offender before and during proceedings, unless misdemeanour proceedings require such contact;the right to temporary accommodation in an appropriate institution in accordance with a special law;the right to be provided with police protection, upon a court order, when collecting personal belongings upon leaving the common household. 32 The objective of the Protocol is to ensure timely and efficient implementation of legislation on the protection of victims of domestic violence in accordance with powers of competent authorities, to advance cooperation and to have long-term influence on reduction of violent behaviour.It was drafted in cooperation with ministries and CSOs active in the field of domestic violence and is aligned with new legislative provisions.It prescribes that proceedings should be conducted with urgency, taking into account the rights of the victim and with particular sensibility for women, children, persons with disabilities and elderly persons as victims of domestic violence. 33 The Ordinance on the method of collecting, processing and submitting statistical data and reports in the area covered by the scope of the Act on Protection against Domestic Violence, the Ordinance on the Enforcement of the Security Measure of Compulsory Psychosocial Treatment (an expert supervisory body has been established) and the Ordinance on Manner of Implementation of Protective Measures of Prohibition from Approaching, Harassing and Stalking a Victim of Domestic Violence and the Measure of Removal from the Shared Household. 34 It covers seven strategic areas and its measures are based on articles of the Istanbul Convention.Competent authorities for the implementation of measures are state administration bodies, LRSGU and CSOs. A/HRC/WG.6/36/HRV/1 24 GE.20-02907 35 Obligations from the Convention were anticipated by the Act on Protection against Domestic Violence and amendments to other laws (the Act on Gender Equality, the CPA and the CC), while respecting international recommendations and EU Directives. 36 A procedure is then carried out in accordance with the Ordinance on making individual assessment of victims in order to take special protection measures and victims are given contact details of counsellors and CSOs providing support to victims and witnesses (available during the preliminary procedure and the criminal procedure).The application of protection measures and of the victim support system is supervised by a special working group at the national level, while at regional level coordinators in police administrations are in charge. 37 Contact data on the websites of the Office for Victim and Witness Support in Courts, the National Call Centre for Victims of Criminal Offences and Misdemeanours, state administration bodies and CSOs operating in the territory of a particular police administration. 38 In addition to those mentioned in the MTR, the following trainings were conducted: six basic courses for the needs of operative duty of police stations in cases of domestic violence (182 police officers and two members of the Military Police);and nine two-day workshops in 2018 and 2019 for police officers and judicial officials on the topic of “Domestic Violence” on solutions aimed at combating and preventing domestic violence, including the Istanbul Convention and EU Directives, and exercises on how the police, the SAORC and courts are to deal with cases of domestic violence (170 police officers and 121 judicial officials). 39 “Living without violence”, “Together against hate speech”, “I have a choice” and “Lily”.Also, interdepartmental activities have been carried out under the project “Support to victims of criminal offences and misdemeanours”, and the (first) International Educational and Prevention Film Festival on Safety was held. 40 In 2016, the MDFYSP carried out a two-month education project “We can do it together” for county teams in charge of prevention and action in cases of domestic violence, composed of representatives from the police, social welfare, health care, education and justice sectors and CSOs.The aim was to train the county teams, by examining domestic violence cases, in how to act.Also, four two-day training courses were held in four cities, which were attended by 181 members of the county teams.Furthermore, on the eve of the National Day for the Elimination of Violence against Women (22 September 2018), the Ministry provided training on legislative novelties and on how to improve procedures in cases of domestic violence.In 2018 and 2019, three training courses for staff of social welfare centres on domestic violence and assistance to victims and three two-day training courses on violence against elderly persons and persons with disabilities were held.In cooperation with the MI, training was held for 112 operators on the topic of conducting interviews with victims of violence and providing information. 41 In 2017, the GEO and the Finnish National Institute for Health and Welfare, in cooperation with Ludwig Boltzmann Institute of Human Rights from Vienna, organised three rounds of training sessions for 45 judges working in the field of criminal, misdemeanour and labour law.The “Manual on gender mainstreaming and promotion of gender equality for judges, advisers and lawyers” was developed.The Manual describes actual cases of discrimination based on sex and court proceedings. 42 It is committed by anyone who, on the basis of race, ethnic affiliation, skin colour, gender, language, religion, political and other convictions, national or social origin, property, birth, education, social status, marital or family status, age, state of health, disability, genetic inheritance, gender identity expression, sexual orientation or other characteristics, denies, limits or conditions another the right to acquire goods or receive services, the right to carry out an activity, the right to employment and promotion, or anyone who on the basis of any such characteristic gives another privileges or advantages in relation to these rights.The perpetrator will be punished by imprisonment not exceeding three years, as will anyone who persecutes individuals or organisations because of their commitment to equality of people. 43 The Health Care Act, the Act on Mandatory Health Insurance, the Act on the Protection of Patients' Rights, the Act on Protection against Domestic Violence, the Medical Practice Act. 44 Victims are examined in hospitals and clinical health care institutions which are obliged to provide the victim with urgent and comprehensive health care to protect the victim's physical and mental health and to collect and maintain evidence.Specialised training in victim protection is part of continuing education courses that are provided to health professionals and organised by health institutions and in cooperation with CSOs. 45 99.53, 99.59, 99.67–99.70, 99.74, 99.113–99.114. (...) The GEO supported the Croatian Red Cross in the project “SPARC” (prevention of sex and gender- based violence in the migrant population). 47 The GEO signed the cooperation agreement with the Council for Electronic Media and the Croatian Olympic Committee for the project “For higher visibility of women's sports in the electronic media” in order to support electronic media in support to gender equality in sports.The international conference “Addressing inequality in sports: women’s status in leadership positions and prevention of violence against women in sports” (a project of the CoE and the EC) was held in cooperation with the Central State Office for Sports. 48 The project contributes to raising awareness by carrying out campaigns, analysing media contents and by publications. 49 Signatory states undertook the commitment to cooperate on the causes of underrepresentation of women in this sector with public authorities and representative of public and private sector and the civil society. 50 The Act prescribes: exemption from the obligation to accept the offered employment for a pregnant woman, one of the parents of a child under eight years of age, one of the parents of a child with serious developmental disabilities if the other parent is employed, one of the parents with three or more minor children if the other parent is employed and a parent who is the sole caretaker of a child under fifteen years of age. 51 The public campaign called “Inequality must not remain a business secret” was carried out: two jingles were broadcast on 54 radio stations for 30 days and reached a million listeners);2,000 message postcards and 1,500 posters were printed;and a special website of the GEO was launched.In the four largest cities 1,500 posters were placed in public transport vehicles for 15 days (1,164,000 persons were exposed to the message).As posters were also placed in places across Croatia, it is estimated that 3 million persons saw the message. 52 It is focused on the inclusion of women who are in an unfavourable position in the labour market, and who will care for senior citizens and persons in an unfavourable position.The project is financed within the framework of the Efficient Human Resources 2014-2020 operational programme (HRK one billion from the ESF).Grants were approved for 294 projects and 5,970 women were employed to care for 28,331 persons. 53 99.46, 99.48, 99.49, 99.54, 99.62, 99.72, 99.81, 99.83, 99.87, 99.112, 99.119, 99.121, 99.124–99.130, 99.137, 99.140, 99.147, 99.165. 54 The Council for Children, an advisory body to the Government, monitors the implementations of the Strategy’s goals and coordinates cooperation. 55 Milder measures towards parents aimed at avoiding the removal of the child from the family are: warning about mistakes and failures, professional assistance and support and intensive professional support and supervision.If a child's life is in danger or if it is in the interest of a child's development, the child is entrusted to the care of another person or a foster family or, exceptionally, to the care of a social welfare institution. 56 The National Strategy for Protection against Domestic Violence 2017-2022;the National Strategy for the Equalisation of Opportunities for Persons with Disabilities 2007-2015;the National Roma Inclusion Strategy 2013-2020. 57 The courts and social welfare centres, parents and other persons and social welfare institutions that have the care of a child must report about the activities undertaken following a complaint of violation A/HRC/WG.6/36/HRV/1 26 GE.20-02907 of a child's personal rights or property rights.Within 24 hours of initiating the proceedings, the court, the state attorney and the police must inform the competent social welfare centre thereof. 58 The Protocol on Procedures to be followed in Cases of Sexual Violence, the Protocol on the Treatment of Unaccompanied Children (both from 2018), the Protocol on Procedures to be followed in Cases of Violence among Children and Youth (2004), the Protocol on Procedures to be followed in Cases of Child Abuse and neglect (2014), the Protocol on Procedures to be followed in Cases of Domestic Violence. 59 Support to parents to strengthen their competencies and facilitate early detection of risk factors influencing child's development;creating conditions for achieving equality of opportunities for the inclusion of children with developmental disabilities in the education system and in the community, and the establishment of a non-discriminatory model for assessing the educational achievements of children, analysis of the early school leaving phenomenon and the implementation of activities based on the actual needs of youth. 60 In the school year 2018–2019, through projects of 62 CSOs, the MSE provided financial support for 416 class assistants for 430 pupils (HRK 16,156,118.68).Within the framework of ESF and domestic funds, 2648 class assistants were funded. 61 In the school year 2017–2018, the MSE co-financed adapted transport for 3,062 pupils;meals and special teaching aids were provided to 1,378 primary school students (HRK 23,823,281.00) and 598 secondary school students (HRK 2,080,000.00). 62 The Ordinance on the Primary school and Secondary School Education of Pupils with Developmental Disabilities (2015) is based on principles of inclusive education and individualised approach and enables education, primarily in the regular system, to all pupils with developmental disabilities in accordance with their aptitudes, opportunities and interests;the Ordinance on Class Assistants and Professional Communication mediators (2019) equalises work of class assistants and professional communication mediators in the territory of the RC. 63 Model A – for Italian, Serbian and Hungarian national minorities in primary and secondary schools and for the Czech national minority only in primary school;Model B – for Hungarian and Serbian national minorities in primary school, and for the Czech national minority in secondary school.Model C - in primary school for Albanian, Czech, Serbian, Slovak, Slovenian, Hungarian, Macedonian, German and Austrian, Ukrainian, Ruthenian, Russian, Jewish and Polish national minorities and in secondary school for Albanian, Czech, Macedonian, Hungarian, Russian, Slovak, Slovenian, Serbian and Italian national minorities. 64 At the beginning of the 2017–2018 school year, education in the languages and scripts of national minorities under A, B and C models included 7,159 pupils (3,413 M / 3,746 F) in 172 primary schools, 821 classes/teaching groups and 987 class/subject teachers.1,547 pupils (740 M / 807 F) were included in 31 secondary schools, in 183 classes/teaching groups and 408 subject teachers.Preschool education in the languages of national minorities included 32 kindergartens and 3 primary schools offering preschool education;in 94 groups there were 1,957 children (170 of the Czech minority, 156 of the Hungarian minority, 470 of the Serbian minority, and 1,161 of the Italian minority). 65 Figures show that the number of Roma children in the preschool and secondary school systems has increased, but that the number of children in the primary school system has slightly declined (which reflects the same trend in the general populatio
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REPORT OF THE WORKING GROUP ON ARBITRARY DETENTION : ADDENDUM
In the event, however, that such offenders are from vulnerable groups, including minors, families with minor children, pregnant women, elderly persons, persons with disabilities and other such persons, the authorities are required, on the basis of humanitarian grounds, to take all reasonable measures to treat such persons with appropriate care and attention. 72. The Working Group believes that detention of migrants should be decided upon by a court of law, on a case-by-case basis, and pursuant to clearly and exhaustively defined criteria in legislation under which detention may be used. (...) The Working Group found evidence of overcrowding, insufficient access to potable water, poor sanitation and inadequate medical care. Allegations were received of inadequate food and lack of ventilation. The unsanitary and overcrowded conditions facilitated the transmission of communicable diseases, particularly skin diseases. Three detainees died during the first five months of 2010.
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得分: 1140471.1 - daccess-ods.un.org/acce...en&DS=A/HRC/16/47/ADD.2&Lang=C
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ENJOYMENT OF HUMAN RIGHTS BY PERSONS WITH ALBINISM : NOTE / BY THE SECRETARY-GENERAL
6 Relebohile Phatoli,Nontembeko Bila和 Eleanor Ross,“Being black in a white skin”(见脚注 2)。 7 同上。 8 Muthee Thuku,“Myths, discrimination”(见脚注 3)。 9 Relebohile Phatoli,Nontembeko Bila和 Eleanor Ross,“Being black in a white skin”(见脚注 2)。 A/71/255 5/20 16-13196 (C) 11. (...) 15 Relebohile Phatoli,Nontembeko Bila和 Eleanor Ross,“Being black in a white skin”(见脚注 2)。 A/71/255 16-13196 (C) 6/20 17.
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得分: 1130336.8 - https://daccess-ods.un.org/acc...sf/get?open&DS=A/71/255&Lang=C
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LETTER DATED 2008/12/19 FROM THE SECRETARY-GENERAL OF THE COUNCIL OF EUROPE ADDRESSED TO THE HIGH COMMISSIONER FOR HUMAN RIGHTS, TRANSMITTING A WRITTEN CONTRIBUTION OF THE COUNCIL OF EUROPE TO THE DURBAN REVIEW CONFERENCE
In its 2007 Annual report ECRI notes that black people are not only victims of racism because of the colour of their skin, but also because they are immigrants, asylum seekers or refugees, or sometimes for reasons of religious intolerance towards them. (...) The main subjects on which ECRI made Roma-specific recommendations in these reports are national action strategies; problems encountered by Roma communities in various fields of life; participation in public life; the situation of Roma at the local level; the situation of Roma in the education sector; the situation of Roma in the housing sector; access to personal documents; access to health care; access to employment; access to social A/CONF.211/PC.4/6 page 5 welfare; conduct of law enforcement officials; cultural identity; awareness-raising; and data collection. 15. (...) Under each section – discrimination in housing, education, employment and health care, racially-motivated violence and relations with law enforcement authorities, issues related to asylum, displacement and trafficking in human beings – the Commissioner made recommendations to member states as to the type of action required.
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得分: 1119074.9 - daccess-ods.un.org/acce...en&DS=A/CONF.211/PC.4/6&Lang=C
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REPORT OF THE SPECIAL RAPPORTEUR ON TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT, MANFRED NOWAK :ADDENDUM
At some police stations, women and men, children and adults are held together in extremely overcrowded conditions. Medical care is non-existent and seriously ill detainees are left to languish until they die. (...) These detainees are subject to even more severe conditions than those of convicts: they are held in overcrowded cells, lacking appropriate hygiene facilities, with insufficient places to sleep, inadequate and/or insufficient food, water, and medical care, let alone any opportunities for educational, leisure, or vocational training. (...) It is ironic that discriminatory treatment suffered by pretrial detainees, who may be held longer than some convicts, has been justified by the heads of some facilities on the grounds that their guilt being not yet proven, there is less responsibility and obligation, and consequently less resources, allocated to care for them. Children on remand are often held with adult males. 52.
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得分: 1104001.8 - https://daccess-ods.un.org/acc...open&DS=A/HRC/7/3/ADD.4&Lang=C
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REPORT OF THE INDEPENDENT EXPERT ON MINORITY ISSUES : ADDENDUM
Each province and territory has its own anti-discrimination law, and concerns related to discrimination by such organizations as retail and hospitality businesses, hospitals or health-care providers, educational institutions and most manufacturers come under provincial or territorial jurisdiction. 15.
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得分: 1096702.7 - daccess-ods.un.org/acce...en&DS=A/HRC/13/23/ADD.2&Lang=C
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REPORT OF THE SPECIAL RAPPORTEUR ON MINORITY ISSUES ON HER MISSION TO BRAZIL
Law 7716 of 1989, as modified by Law 9459 of 1997, prohibits racism and discrimination based on ethnicity, religion or nationality, and criminalizes racial discrimination and discrimination based on ethnicity, skin colour, religion and nationality. The Statute on Racial Equality (Law 12288 of 2010) also prohibits racism and discrimination as well as guaranteeing the rights to non-discrimination and racial equality in other fields including health, culture, housing, work, education and freedom of belief and conscience. (...) In these communities, as well as elsewhere, the school dropout rate for Afro-Brazilian girls is high, as they are often obligated to take up household duties, including the care of younger siblings. Similarly, teenage pregnancy rates remain high, particularly in poorer areas.
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得分: 1096702.7 - daccess-ods.un.org/acce...en&DS=A/HRC/31/56/ADD.1&Lang=C
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REPORT OF THE SPECIAL RAPPORTEUR ON THE IMPLICATIONS FOR HUMAN RIGHTS OF THE ENVIRONMENTALLY SOUND MANAGEMENT AND DISPOSAL OF HAZARDOUS SUBSTANCES AND WASTES ON HIS MISSION TO THE REPUBLIC OF KOREA : NOTE / BY THE SECRETARIAT
Reckitt Benckiser, a manufacturer of pharmaceutical, health-care and pesticide products, with considerable expertise on the interaction of chemicals and human health, explained that it had examined whether relevant substances were categorized as chemicals of concern, but did not investigate whether health and safety information was actually available about the hazards of the substance. (...) The Seoul Central District Court found that the Government did not breach its duty of care due to the what the Court believed to be constantly changing standards and studies related to hazardous substances and, hence, held that the standard of technology and social awareness at the time should be the standard applied to assess whether the Government’s response and measures were sufficient.33 39. (...) The Special Rapporteur is troubled by the Seoul District Court’s decision that the Government exercised its duty of care. This domestic decision, pending appeal, diminishes the State’s obligation to respect, protect and fulfil human rights, in particular, the duty to take measures to protect the rights to life and health.
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REPORT OF THE SPECIAL RAPPORTEUR ON MINORITY ISSUES, RITA IZSAK
For instance, in the oil-rich Niger Delta region, minority communities, such as Ogoni or Ikwerre, rank among the poorest population groups, with many lacking access to clean water or health care. II. Methodology 6. The Special Rapporteur’s analysis of Nigeria is based on the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and other relevant international standards, from which she has identified the following areas of concern: (a) the protection of a minority’s survival, through combating violence against them and preventing genocide; (b) the protection and promotion of the cultural identity of minority groups and the right to enjoy their collective identity and to reject forced assimilation; (c) the guarantee of the rights to non-discrimination and equality, including ending structural or systemic discrimination and the promotion of affirmative action when required; and (d) the guarantee of the right to effective participation of minorities in public life, especially with regard to decisions that affect them. (...) Many people in the community reportedly suffered from health problems, particularly asthma and skin-related diseases, and there was a high prevalence of miscarriages among women. (...) One commentator acknowledged that “Nigerians would care less about ethnicity and religion if poverty and inequalities were really addressed”.
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得分: 1096702.7 - daccess-ods.un.org/acce...en&DS=A/HRC/28/64/ADD.2&Lang=C
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