III. >> M  ethodological Approaches to Human Rights Indicators >> Ethical, statistical and human rights considerations in indicator selection The principle of self-identification requires that people should have the option of self-identifying when confronted with a question seeking sensitive personal information related to them. General recommendation No. 8 (1990) on identification with a particular racial or ethnic group of the Committee on the Elimination of Racial Discrimination clearly states that, if no justification appears to the contrary, such identification shall be based upon self-identification of the individual concerned. Thus, if the practice of a public agency were to indicate the ethnic background of children in their birth certificates, basing this on the earlier ethnic classification of one or both of the parents, it would not respect the principle of self-identification. Also, owing to the sensitive nature of census or survey questions on population characteristics, such as ethnicity, special care is required by enumerators to demonstrate to respondents that appropriate data protection and disclosure control measures are in place (box 9).2 Furthermore, given the subjective nature of the term, information on ethnicity should be acquired through self-declaration of the respondent, who should also have the option of indicating multiple or no ethnic affiliations.3 Involving the surveyed population groups (e.g., Afro-descendants and indigenous peoples) in the data definition and data-collection processes can help ensure the relevance and accuracy of the data collected.4 This relates to the human rights principle of participation, which encourages all sections of the population, including vulnerable and marginalized groups, as well as human rights and other relevant institutions, to actively join in decision-making. In other words, the nature of the data to be collected should be based on public participation and understanding of the implications of how such data could potentially be used. In accordance with the right to privacy set out in the International Covenant on Civil and Political Rights (art. 17), the principle of data protection requires that all data-collection activities must respect robust guarantees to prevent abuse of sensitive data. The Human Rights Committee’s general comment No. 16 (1988) on the right to respect of privacy, family, home and correspondence, and protection of honour and reputation stipulates inter alia that “the gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law. Effective measures have to be taken by States to ensure that information concerning a person’s private life does not reach the hands of persons who are not authorized by law to receive, process and use it, and is never used for purposes incompatible with the Covenant. In order to have the most effective protection of his private life, every individual should have the right to ascertain in an intelligible form, whether, and if so, what personal data [are] stored in automatic data files, and for what purposes. Every individual should also be able to ascertain which public authorities or private individuals or bodies control or may control their files. If such files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination.” 2. See also Patrick Simon, “‘Ethnic’ statistics and data protection in the Council of Europe countries”, Study Report, European Commission against Racism and Intolerance, Council of Europe, 2007. 3. General comment No. 23 (1994) on the rights of minorities of the Human Rights Committee suggests that article 27 of the International Covenant on Civil and Political Rights imposes related obligations on State parties towards ensuring the survival and continued development of the cultural, religious and social identity of the minorities concerned, thus enriching the fabric of society as a whole. 4. For instance, using local indigenous languages, employing local people (as interpreters) and training and building the capacity of local indigenous peoples in data-collection processes can also facilitate the collection and dissemination of this information. Non-indigenous professionals and technicians should also be informed of the culture and practices of indigenous peoples. For further details, see Principles and Recommendations for Population and Housing Censuses, Revision 2 (United Nations publication, Sales No. E.07.XVII.8). 48 Human Rights Indicators

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