Racial Discrimination

Question 1

International covenant on The elimination of all forms of discrimination

Answer 1

International law has done quite well in respect of this convention which has been ratified by many states

Question 2

Does religious discrimination fall into this?

Answer 2

Very big debate at the moment

• muslims do not fall into this for example: a Pakistani Muslim who is being discriminated against could use this discrimination HOWVER
• an English Muslim would not be able to rely on this

Question 3

What is good about the definition in the convention

Answer 3

It includes thing with a PURPOSE and EFfECT of being discriminatory
- i.e. It can include indirect discrimination
For example the French law which prohibited all obvious religious symbols should not be worn in schools doesn’t discriminate only
Muslims for wearing the veil, by saying the wearing of religious symbols isn’t an essential part of the faith is indirectly discriminatory because the veil is ???

Question 4

Public life

Answer 4

Doesn’t really say anything because the convention doesn’t want to intrude too much into the private lives of others however this could be an issue for emotional and physical violence based on racial discrimination

Question 5

Article 3 of the convention - segregation

Answer 5

States must undertake to prohibit, prevent and eradicate all practices

• when applying this to somewhere like London where there are communities of all different cultures does this mean that the state must take steps to bring the communities together
  And integrate?

Question 6

Positive / affirmative action under CeRD

Answer 6

Outlined in Article 1.4

• however positive measures are allowed if there is a need and the state must take such measures BUT they have to be necessary;
• shouldn’t lead to the maintainence of different rights for different races and should be stopped when they’re not needed anymore
• i.e. They have to be legitimate, proportionate and legal - temporary measures!!

Question 7

Temporary measures and the ICCPR

Answer 7

Article 26 of the convention on non-discrimination states that the protection has to be effective which means that sometimes there will be a need for extra measures

Question 8

Committee on Cerd - general Recommendation 35 2013

Answer 8

Combatting hate speech
States parties should give due attention to all manifestations of racist hate speech and take effective measures to combat them.

Question 9

General

Recommendation 32 2009

Answer 9

This is on special measures
- says that the special measures will depend on the vulnerability of the group effected for example indigenous groups must always have special measures

Question 10

HRC on article 2 of the ICCPR

GC 31

Answer 10

he legal obligation under article 2, paragraph 1, is both negative and positive in nature.

States Parties must refrain from violation of the rights in the covenant. Where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of Covenant rights. In no case may the restrictions be applied or invoked in a manner that would impair the essence of a Covenant right.