scholarly journals The Slovak Republic’s Positive Obligation Regarding Human Rights and Against Racial Discrimination

2020 ◽  
Author(s):  
Lucia Mokra ◽  
Keyword(s):  
Human Rights ◽  
Racial Discrimination

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.

Moral Philosophy of Global Peace

1998 ◽  
pp. 86-92
Author(s):  
Chhaya Rai
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Moral Philosophy ◽  
Economic Inequality ◽  
Human Values ◽  
Social Injustice ◽  
Global Ethics ◽  
Religious Intolerance ◽  
Summum Bonum ◽  
Global Peace

Global Peace is the summum bonum, so we must know its negative as well as positive meanings. Simultaneously peace must be understood in all its interrelated but theoretically differentiated dimensions as personal, social, national, international and global. Today, humankind is suffering from multidimensional crises such as terrorism, population-explosion, denial of human rights, economic inequality, racial discrimination, ideological extremism, religious intolerance, social injustice, ecological imbalance, consumerism, oppression of weak, etc. These peace-related issues compel us to lay down the fundamental principles of a radical global ethics that expects us to realize our roles and duties regarding global peace. It includes the role and ideals of educationalists, the duties of scientists, philosophers, and thinkers, the inculcation of human values such as nonviolence, love, etc.

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.

Court of Justice of the eu Rules Collective and Inaccessible Electrical Metres Discriminate against Roma: chez Razpredelenie Bulgaria ad v. Komisia za zashtita ot diskriminatsia (C-83/14)

2016 ◽  
Vol 18 (1) ◽  
pp. 112-125 ◽  
Author(s):  
Claude Cahn
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
Significant Contribution ◽  
Ethnic Origin ◽  
Court Of Justice ◽  
European Court ◽  
Indirect Discrimination ◽  
Current Article ◽  
The Eu

The judgment of 16 July 2015 is ecj’s first substantive ruling in a case concerning racial discrimination against Roma. This is noteworthy, given the centrality of Roma to the jurisprudence of the European Court of Human Rights in the area of discrimination (on the European Court of Human Rights, Roma and racial discrimination, see C. Cahn (2015), ‘Triple Helix: The Jurisprudence of the European Court of Human Rights, Roma and Racial Discrimination’, in: Claude Cahn, Human Rights, State Sovereignty and Medical Ethics, Leiden: Brill Nijhoff, pp. 106–148.). The ecj ruling in the chez case is important for a number of reasons, including for recognizing that the ban on discrimination by association applies also to cases of indirect discrimination. Its most significant contribution however is its reflections on the role of stigma in driving discrimination based on racial or ethnic origin. Also of note is its rejection of a number of approaches used in national law – in Bulgaria and elsewhere – as incompatible with European Union anti-discrimination law. The judgment is among the most important ecj rulings to date on discrimination. The current article discusses some of the noteworthy aspects of the case.

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