3.
... while conditions of complete or partial racial segregation may in some
countries have been created by governmental policies, a condition of
partial segregation may also arise as an unintended by-product of the
actions of private persons. In many cities residential patterns are
influenced by group differences in income, which are sometimes
combined with differences of race, colour, descent and national or ethnic
origin, so that inhabitants can be stigmatized and individuals suffer a
form of discrimination in which racial grounds are mixed with other
grounds.
4.
The Committee therefore affirms that a condition of racial segregation
can also arise without any initiative or direct involvement by the public
authorities...
134. Specially on the discrimination of PWA, the Court notes the report of the
Human Rights Council Advisory Committee as follows:39
…[t]hose various forms of discrimination are evident from the “nasty, brutish
and short” lives of persons with albinism: if they survive infanticide at birth,
they face a constant threat of physical attacks. Should they survive those
physical threats, they are unlikely to be educated, owing to the absence of
reasonable accommodation for their poor eyesight. A lack of education leads
to unemployment or employment outdoors in the sun, where they are
vulnerable to developing skin cancer. Skin cancer remains a life-threatening
condition for most persons with albinism under the age of 40.
135. The Court notes that, as it follows from these considerations, discrimination
may arise from targeted acts towards a specific group on account of some
beliefs about the group or some of their characteristics. The question to be
determined by the Court in the present Application is thus whether PWA in
the Respondent State have suffered or continue to suffer discrimination
based on the beliefs attributed to them.
39
United Nations General Assembly, Human Rights Council Advisory Committee on the study on the
situation of human rights of persons living with albinism, A/HRC/28/75, 10 February 2015, § 27.
33