On the Intersectionality of Religious and Racial Discrimination: A Case Study on the Applicability of ICERD with Respect to China’s Uyghur Muslim Minority

2019 ◽  
Vol 14 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Ross Holder
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Religious Identity ◽  
Political Rights ◽  
Religious Discrimination ◽  
State Legislation ◽  
International Convention ◽  
Charter Member ◽  
Uyghur Population ◽  
Minority Nationality

Abstract As an officially recognised minority nationality in China, the Uyghurs’ unique religious identity is ostensibly protected under Chinese national law. In reality, such protections are limited in practice, with frequent claims by Uyghur activists, human rights NGOs and scholars that government policies result in the religious discrimination of the Uyghur population in Xinjiang. In light of the inefficacy of state legislation in protecting the Uyghurs’ religious freedoms, this article considers the protections offered within the Human Rights Treaty System of the United Nations (UN), of which China is both a charter member and an increasingly active participant. However, any attempt to consider Freedom of Religion or Belief protections within the UN’s core treaties remains frustrated as China has yet to ratify the International Covenant on Civil and Political Rights, which is the sole UN human rights instrument to contain provisions dedicated to religious and minority rights. To overcome this issue, this article argues that acts of religious discrimination against the Uyghur minority may also fall into contention with the protections contained within the International Convention on the Elimination of All Forms of Racial Discrimination, a treaty that has been ratified by China and is therefore legally obligated to comply with.

‘Past’ Violations under International Human Rights Law: The Indigenous ‘Stolen Generation’ in Australia

2005 ◽  
Vol 23 (2) ◽  
pp. 243-272
Author(s):  
Maria O'Sullivan
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
International Human Rights Law ◽  
Political Rights ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Convention ◽  
Rights Of The Child ◽  
International Human ◽  
The Government

This article examines the debate relating to reparations for ‘past’ human rights violations, with particular focus on the case of the indigenous ‘Stolen Generation’ in Australia. The ‘Stolen Generation’ is a term used to describe the government-sanctioned practice of forced removals of part-Aboriginal children from their indigenous parents and placement into non-indigenous institutions and homes, which occurred in Australia from approximately 1910–1970. The ‘Stolen Generation’ violations present a unique and difficult legal question for international human rights law because they straddle the divide between ‘historic’ violations and contemporary acts, that is, they were committed by Australia after Australia signed key agreements such as the UN Charter, the Universal Declaration on Human Rights, the Declaration on the Rights of the Child and the Declaration on the Elimination of All Forms of Racial Discrimination, but prior to its ratification of international human rights treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. This means that bringing a claim under international human rights law in relation to the violations raises a number of problems. The object of this article will be to explore whether Australia can be held responsible under international human rights law for the ‘Stolen Generation’ violations and possible avenues of redress. In this regard, the focus of the article will be on the possible claims victims could make to relevant treaty monitoring bodies and the types of obstacles they would face in doing so. These legal questions are also relevant to the wider debate that is taking place in relation to reparations, namely the extent to which a State can be held legally responsible to provide reparations for past violations.

scholarly journals COOPERATION BETWEEN UKRAINE AND THE UN AT THE PRESENT STAGE

2020 ◽  
pp. 34-40
Author(s):  
K. S. Loboda
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Sustainable Development Goals ◽  
Democratic Governance ◽  
Political Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Development Goals ◽  
The Russian Federation ◽  
The United Nations

The article is devoted to the United Nations Organization, which turns 75 this year. The article reveals the cooperation between Ukraine and the UN. Despite the ongoing aggression by the Russian Federation, Ukraine pays special attention to the UN's efforts to maintain international peace and security, considering participation in it as an important factor in its foreign policy. Ukraine is an active participant in the activities of the UN system in the field of human rights, a party to all major UN human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocols and the International Convention on the Elimination of all forms of racial discrimination. Since March 2014, at the invitation of our state, the UN Monitoring Mission in the field of human rights has been operating in Ukraine, recording the human rights consequences of Russian aggression. Our country receives significant technical, advisory and financial assistance from UN specialized agencies, its funds and programs, in particular, in the areas of democratic governance, poverty alleviation, achieving the National Sustainable Development Goals, supporting public administration, combating HIV / AIDS and other serious diseases, environment. In connection with the above, it should be emphasized that Ukraine, as a founding member of the United Nations, does not stand aside, but actively cooperates with this respected international organization in all areas of its activities. Ukraine remains a supporter of strengthening and increasing the effectiveness of the UN and adapting to modern challenges in the world. Keywords: United Nations Organization, Ukraine, Security Council, human rights, peacekeeping.

Part III Organs Monitoring Treaty Compliance, 9 The Committee on the Elimination of Racial Discrimination (CERD)

2020 ◽  
Author(s):  
Thornberry Patrick
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Hate Speech ◽  
General Assembly ◽  
International Convention ◽  
The Core ◽  
Treaty Compliance ◽  
Un General Assembly

This chapter studies the Committee on the Elimination of Racial Discrimination (CERD), the oldest of the monitoring bodies of the UN ‘core’ treaties. Preceded by a Declaration on the Elimination of All Forms of Racial Discrimination in 1963, the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) was adopted by the UN General Assembly on 21 December 1965 and entered into force on 4 January 1969. CERD oversees the implementation of the Convention. The chapter evaluates how CERD has worked to deliver its mandate, where it has innovated, and where it has been able to draw upon the wider human rights acquis to ground its positions, and where it may have struggled to deliver. It focuses on a number of issues around the core principles: discrimination and the grounds thereof; special measures; segregation; and the problem of addressing hate speech.

Migration and refugees: applying human rights to ‘everyone’?

2020 ◽  
pp. 129-140
Author(s):  
Michal Cenker ◽  
Daniel Holder
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Migrant Worker ◽  
Host Countries ◽  
International Human Rights ◽  
International Convention ◽  
International Human ◽  
Prejudicial Attitudes ◽  
To Receive

Chapter 10 critically assesses the role of international human rights protections in promoting the rights of migrants and refugees in the context of globalisation, continuing global socio-economic inequalities and global conflict. While the whole concept of human rights rests on humanitarianism and not citizenship, international human rights mechanisms, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), have often allowed states to apply restricted rights to non-citizens and while the UN Migrant Worker Convention exists, it remains the only core UN human rights instrument not to receive widespread ratification. This chapter discusses some of the issues which prevent the establishment of universal human rights protections for migrants and refugees, and how such protections have often been limited by a range of economic, political and security considerations along with prejudicial attitudes in potential host countries.

Fifty Years of the International Convention on the Elimination of all Forms of Racial Discrimination

2017 ◽  
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Unique Combination ◽  
International Convention ◽  
Human Rights Treaties

Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination is the very first edited collection on ICERD, the oldest of the UN human rights treaties. With a major Introduction and 13 chapters, it provides a unique combination of members of the Committee on the Elimination of Racial Discrimination (CERD) and academic and other experts, to discuss the importance of the treaty on its 50th anniversary.

scholarly journals PERLINDUNGAN HAK ASASI MANUSIA BAGI PENGUNGSI DI NEGARA NON-ANGGOTA KONVENSI STATUS PENGUNGSI 1951 [Human Rights Protection for Refugees in Non-Member Countries of the 1951 Refugee Status Convention]

Law Review ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 169
Author(s):  
Fransiska Ayulistya Susanto
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Rights ◽  
Refugee Status ◽  
International Convention ◽  
Customary International Law ◽  
Human Rights Protection ◽  
Cultural Rights ◽  
Territorial State ◽  
Rights Of The Child

<p><em>Refugee problems become global problems not only for destination country but also for the transit or non-parties country on Status of Refugees Convention 1951. The problem arises when the transit or non-parties country ignore the existence of the refugees in their territory consequently, many refugees could only depend on their protection under UNHCR help. Even if, the territorial state is not the party of 1951 convention, however, they still have responsibility under another Human Rights Convention to give protection to the refugees. Therefore, how far the refugees shall be protected under the transit territory? This article will have analyzed minimum protection under Human Rights instruments and Customary International Law that could give to the refugees. Under the International Covenant on Civil and political Rights, International Covenant on Economic, Social and Cultural Rights, International Convention on The Rights of the Child and Customary International Law, the state territory shall give protection without any discrimination to the refugees, even if they are not the party of 1951 convention. Even though, the protection that refugees get from transit state slightly different than protection from state parties, however, they shall get to be protected.</em></p><p><strong>Bahasa Indonesia Abstrak: </strong>Masalah pengungsi sudah menjadi permasalahan global yang tidak hanya berpengaruh terhadap negara tujuan saja, namun juga pada negara transit atau negara yang bukan merupakan negara anggota Konvensi Status Pengungsi 1951. Masalah timbul saat negara-negara transit atau negara non-anggota mengabaikan keberadaan pengungsi di teritori negara mereka, sehingga banyak pengungsi yang hanya menyandarkan nasibnya di tangan bantuan UNHCR. Meskipun negara teritorial bukan merupakan negara anggota Konvensi Status Pengungsi 1951, namun mereka seharusnya tetap memberikan perlindungan kepada pengungsi. Pertanyaannya, seberapa jauh negara harus memberikan perlindungan kepada pengungsi? Artikel ini akan menganalisis perlindungan minimal di bawah Hak Asasi Manusia yang harus diberikan negara non-anggota kepada pengungsi yang ada di wilayahnya. Menurut Konvenan tentang Hak-Hak Sipil dan Politik, Konvenan Hak-Hak Ekonomi, Sosial dan Budaya, serta Konvensi Perlindungan Anak dan juga hukum kebiasaan internasional, negara teritorial haruslah memberikan perlindungan tanpa diskriminasi kepada pengungsi, meskipun negara teritorial tidak menjadi para pihak dari Konvensi Status Pengungsi 1951. Meskipun perlindungan yang diberikan kepada pengungsi oleh negara transit sedikit berbeda jika dibandingkan perlindungan dari negara anggota konvensi, mereka tetap harus mendapatkan perlindungan.</p>

scholarly journals “The Pandemic is Galvanizing Change”: Anti-Racism in Human Rights Education With Youth

2021 ◽  
Vol 8 (1) ◽  
pp. 52-72
Author(s):  
Natasha Blanchet-Cohen ◽  
Genevieve Gregoire-Labrecque ◽  
Amy Cooper
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Children's Rights ◽  
Human Rights Education ◽  
Political Rights ◽  
Youth Engagement ◽  
Racial Justice ◽  
Level Change ◽  
Systemic Level ◽  
Civil And Political Rights

This article discusses how the heightened visibility of racial discrimination coupled with the repression of young people’s civil and political rights during the COVID-19 pandemic is surfacing the need for human rights education (HRE) to evolve to address anti-racism more intentionally. With youth’s amplified awareness of racism and their call for change, HRE practitioners reflect on the use of language, the limitations of “celebrating diversity” and the ways spaces are held for youth engagement as a means of building inclusion given the lived injustices across communities. As children’s rights researchers and practitioners, we consider how our focus on age has resulted in the inadvertent neglect of the interdependence of the rights to participation and to non-discrimination. Shifting to a more critical HRE includes embracing intersectionality and reflexivity, actively bringing BIPOC youth to the centre of sharing and informing, and cultivating youth engagement on racial justice to catalyze systemic-level change.

Global Compilation of National Legislation Against Racial Discrimination

1992 ◽  
Vol 20 (2) ◽  
pp. 159-161
Author(s):  
Robert W. Schaaf
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
San Francisco ◽  
Universal Declaration ◽  
General Assembly ◽  
International Convention ◽  
National Legislation ◽  
Fundamental Freedoms ◽  
The United Nations

The united nations recently issued a compilation of national legislation against racial discrimination. The publication, which has a 1991 imprint, bears the title: Second Decade to Combat Racism and Racial Discrimination: Global Compilation of National Legislation against Racial Discrimination. This volume covers 205 pages and carries the symbol: HR/PUB/90/8.The Charter of the United Nations, which was signed in June 1945 at San Francisco, entrusts the UN with promoting and ensuring respect for human rights and fundamental freedoms “for all without distinction as to race, sex, language or religion.” The General Assembly, in one of its first resolutions, declared in 1946 “that it is in the higher interests of humanity to put an immediate end to religious and so-called racial persecution and discrimination.” The Universal Declaration of Human Rights, adopted by the General Assembly December 10, 1948, is the most fundamental human rights instrument adopted by the United Nations. Since that time there have been numerous conventions and declarations aimed specifically at eliminating racial discrimination. These include the Declaration and International Convention on the Elimination of All Forms of Racial Discrimination, adopted November 20, 1963 and December 21, 1965, respectively, and the Convention on the Suppression and Punishment of the Crime of Apartheid, adopted November 30, 1973.

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