Journal articles on the topic 'International Convention on the Elimination of All Forms of Racial Discrimination (1965)'
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1
Owie, Udoka Ndidiamaka. "Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates): So Far, So Good?" Arab Law Quarterly 34, no. 4 (September 24, 2020): 387–407. http://dx.doi.org/10.1163/15730255-bja10053.
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Abstract International law has a long history of dealing with racial discrimination, including its involvement in the perpetration of racial discrimination. However, in establishing a body of norms to tackle the problems of racial discrimination, several multilateral instruments have been adopted under the auspices of the United Nations addressing this malaise to various extents with the most extensive being the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) of 21 December 1965. While lauded for its singular and dedicated focus on racial discrimination, the Convention is challenged, at least interpretatively, as to the grounds for racial discrimination within its remit. Events occurring between Qatar and the United Arab Emirates on 5 June 2017 have afforded the International Court of Justice as the principal judicial organ of the United Nations, an opportunity—the third since the coming into effect of the Convention—to interpret this landmark treaty.
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Schaaf, Robert W. "Global Compilation of National Legislation Against Racial Discrimination." International Journal of Legal Information 20, no. 2 (1992): 159–61. http://dx.doi.org/10.1017/s0731126500007599.
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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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Friesel, Ofra. "Race versus Religion in the Making of the International Convention Against Racial Discrimination, 1965." Law and History Review 32, no. 2 (May 2014): 351–83. http://dx.doi.org/10.1017/s0738248014000017.
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The International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (CERD), was negotiated at the United Nations (UN) during the years 1962–1965. At that period, the UN was an organization so highly politicized and split that it was almost paralyzed, operatively speaking. Human rights codification was a major field whose advancement came to a standstill as a result of the lack of cooperation between UN member-states. Nevertheless, the UN managed to unite around the denunciation of racial discrimination, and unanimously adopted CERD on December 21, 1965. Furthermore, the period of time that elapsed between the presentation of the initiative and the vote on the final version of the treaty was only 3 years; a rather short period of time, UN experience considered.
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Spinu, Oleg. "The history of establishing the principle of nondiscrimination in public international law." Supremacy of Law, no. 1 (December 2023): 164–73. http://dx.doi.org/10.52388/2345-1971.2023.1.17.
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The history of establishing the principle of non-discrimination in international public law is marked by the progressive evolution of international consciousness regarding the necessity of guaranteeing equality and fundamental rights for individuals and states. An important moment in the history of affirming non-discrimination was the adoption of the United Nations Charter in 1945, which states in the preamble that all UN members must promote respect for the fundamental rights of humans without distinction of race, sex, language, or religion. Subsequently, the Universal Declaration of Human Rights in 1948 consolidated these principles and asserted that all people are born free and equal in dignity and rights. Another significant moment was the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination in 1965, representing a major step in addressing discrimination based on race. Later, the Convention on the Elimination of All Forms of Discrimination Against Women in 1979 and the Convention on the Rights of the Child in 1989 expanded these principles to cover other categories of individuals.
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Andry Syaharani Wiguna and Ayu Nrangwesti. "DISKRIMINASI RASIAL DALAM KASUS GEORGE FLOYD DI AMERIKA BERDASARKAN INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (ICERD)." Reformasi Hukum Trisakti 5, no. 4 (November 9, 2023): 1241–52. http://dx.doi.org/10.25105/refor.v5i4.18590.
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This study discusses the case of racial discrimination experienced by George Floyd in America based on the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The research questions include how the American government addresses racial discrimination against black citizens and resolves the George Floyd case as a violation of human rights. In this study, the authors use normative research methods with literature reviews, fully relying on secondary data to describe the situation and events. The results of this research indicate that the American government has actually taken steps to address discrimination. Examples include Article 2 of the Universal Declaration of Human Rights (UDHR), Articles 2, 4, and 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Amendment IV of the Bill of Rights 1791, Article 1 Sections 2 and 9 of the U.S. Constitution 1787, and Title IV of the Civil Rights Act of 1964. These measures are taken to protect and provide racial equality for black individuals from all aspects. In George Floyd's case, a more just implementation of the law is necessary to prevent further police violence against black individuals.
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Ramírez Cuervo, Emilio. "Environmental justice in Colombia: a review of the constitutional jurisprudence protecting indigenous peoples." Revista de Investigaciones de UNIAGRARIA 9, no. 1 (January 1, 2021): 92–98. http://dx.doi.org/10.33133/riu-9-2021-148.
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The Colombian State has ratified several international instruments to protect indigenous peoples: the International Convention on the Elimination of All Forms of Racial Discrimination of 1965, the Convention on Indigenous and Tribal Peoples of 1989 (ILO Convention 169), the Declaration of the United Nations on the rights of indigenous peoples in 2007. Additionally, there is a constitutional article on multiethnic and multicultural nation, norms and jurisprudence aimed at environmental protection in the context of Colombian indigenous peoples. In this paper, the main thematic nuclei of environmental justice that derive from the constitutional jurisprudence of indigenous peoples are presented, based on an analysis of sentences issued since 1997 by the Colombian constitutional court.
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Sabovchyk, A., and A. Popovych. "Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation Dispute)." Uzhhorod National University Herald. Series: Law 2, no. 80 (January 20, 2024): 360–69. http://dx.doi.org/10.24144/2307-3322.2023.80.2.58.
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Four days later aftermath of the armed conflict that broke out between the Parties in the Georgian territories of South Ossetia and Abkhazia (on August 8, 2008), on August 12, 2008 the Republic of Georgia instituted proceedings before the International Court of Justice (hereinafter - the Court) against the Russian Federation relating to “its actions on and around the territory of Georgia in breach of CERD (the 1965 International Convention on the Elimination of All Forms of Racial Discrimination)” [1].
Georgia alleged that Russia “practised, sponsored and supported racial discrimination through attacks against, and mass-expulsion of, ethnic Georgians” in the two territories in violation of Russia’s obligations under the CERD. Georgia’s Application was accompanied by a Request for the indication of provisional measures in order “to preserve its rights under CERD to protect its citizens against violent discriminatory acts by Russian armed forces, acting in concert with separatist militia and foreign mercenaries”.
On 15 August 2008, having considered the gravity of the situation, the President of the Court, acting under Article 74, paragraph 4, of the Rules of Court, urgently called upon the Parties “to act in such a way as will enable any order the Court may take on the request for provisional measures to have its appropriate effects”. Following public hearings that were held from 8 to 10 October 2008, the Court issued an Order on the Request for the indication of provisional measures submitted by Georgia. The Court also indicated that “each Party shall refrain from any action which might prejudice the rights of the other Party in respect of whatever judgment the Court may render in the case, or which might aggravate or extend the dispute before the Court or make it more difficult to resolve”. Finally, the Court ordered each Party to “inform it as to its compliance with the ... provisional measures” [2].
Although the Court has concluded, by ten votes to six, that it has no jurisdiction under CERD to give a judgment on the merits, the dispute nevertheless retains historical significance as the first dispute involving Russian Federation that has come before the International Court of Justice. It was also the first time that the International Court of Justice was directly called upon to interpret the provisions of CERD.
They were not prepared to address the key issue that the centrality of this dispute had very little to do with racial discrimination. It was an incidental question in the context of a dispute that was overwhelmingly about the use of force. The International Court does not have jurisdiction over the use of force questions, and that finding should have disposed of the dispute once and for all. It was clear in this case that the possibility of a judgment on the merits was unlikely and that the International Court was, at best, being used as a convenient platform for the public articulation of a political grievance, or to draw international attention to Georgia’s plight, without any intention of engaging the judicial function in the actual settlement of the dispute.
The Georgia v Russian Federation case, as formulated before the Court, it is suggested, fell precisely in the category of disputes that the Court should have struck out summarily as an abuse of process. This argument is strengthened by the fact that Georgia had brought proceedings broadly on the same subject matter before the European Court of Human Rights, arguably a more suitable forum for the adjudication of human rights than the ICJ.
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Hardiago, David. "APATISME PENEGAKAN HUKUM PIDANA DI INDONESIA: VIKTIMISASI SEKUNDER TERHADAP KORBAN KEJAHATAN RASISME." JKIH : Jurnal Kajian Ilmu Hukum 2, no. 1 (March 3, 2023): 194–209. http://dx.doi.org/10.55583/jkih.v2i1.444.
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This study aims to analyze legal issues related to law enforcement against racial crimes in criminal law in Indonesia, with a focus on 2 (two) main issues related to,First, what are the factors that cause racism by law enforcement officials in Indonesia.Second, how is the regulatory mechanism related to the protection of victims of racism in Indonesia. As a normative legal research, this research uses statutory approach, case approach, comparative approach, and conceptual approach. The results of the study draw 2 (two) main conclusions namely,First from various factors,The main factor in the occurrence of criminal acts of racism in Indonesia issterotipe what law enforcement officials have committed against Papuan citizens for several reasons which, if related to the case examples in this writing, include: assuming that the Papuan tribe as black people and tribes originating from Eastern Indonesia and as immigrant tribes on the island of Java are stupid people and foreigners because as immigrants with different cultural values, it gives rise to differences in treatment carried out in the law enforcement mechanism that occurs. Second that the provisions regarding racism and criminal penalties for those who commit it are clearly contained in Law Number 40 of 2008 concerning the Elimination of Ethnic and Racial Discrimination. However, it is Indonesia that reserves Article 22 of the International Convention on the Elimination of all forms of racial discrimination orInternational Convention on the Elimination of all Forms of Racial Descrimination 1965 (ICERD), it can be said that it is not subject to the provisions of Article 22 so that it closes the possibility for the Papuan people who want to file a discrimination case through the International Court of Justice. Penelitian ini bertujuan untuk menganalisis permasalahan hukum yang berhubungan dengan penegakan hukum terhadap tindak pidana rasistem dalam hukum pidana di Indonesia, dengan fokus pada 2 (dua) permasalahan utama terkait dengan, pertama, apakah factor-faktor yang menjadi penyebab terjadinya rasisme oleh aparat penegak hukum di Indonesia. Kedua, bagiamana mekanisme pengaturan terkait perlindungan korban rasisme di Indonesia. Sebagai penelitian hukum normatif, penelitian ini menggunakan pendekatan perundang-undangan, pendekatan kasus, pendekatan perbandingan, dan pendekatan konseptual. Hasil penelitian menarik 2 (dua) kesimpulan utama yakni, pertama dari berbagai factor yang ada, faktor utama dalam terjadinya tindak pidana rasisme di Indonesia adalah sterotipe yang dilakukan aparat penegak hukum pada warga Negara papua dengan beberepa alasan yang jika dihubungkan dengan contoh kasus pada penulisan ini diantaranya: menganggap bahwa suku Papua sebagai orang kulit hitam serta suku yang berasal dari Indonesia Timur dan sebagai suku pendatang di Pulau Jawa adalah orang-orang bodoh dan orang asing karena sebagai pendatang dengan nilai kebudayaan yang berbeda sehingga menimbulkan adanya perbedaan perlakuan yang dilakukan dalam mekanisme penegakan hukum yang tejadi. Kedua bahwa dalam pengaturan terkait rasisme serta ancaman pidana bagi mereka yang melakukanya secara jelas terdapat dalam Undang-Undang Nomor 40 Tahun 2008 tentang Penghapusan Deskriminasi Etnis dan Ras. Namun, Indonesia yang mereservasi Pasal 22 Konvensi Internasional Pengahpusan segala bentuk deskriminasi rasial atau International Convention on the Elimination of all Forms of Racial Descrimination 1965 (ICERD), dapat dikatakan tidak tunduk terhadap ketentuan Pasal 22 tersebut sehingga menutup kemungkinan untuk Suku Papua yang ingin mengajukan kasus deskriminasi tersebut melalui Mahkamah Internasional.
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Lovelace, H. Timothy. "Making the World in Atlanta's Image: The Student Nonviolent Coordinating Committee, Morris Abram, and the Legislative History of the United Nations Race Convention." Law and History Review 32, no. 2 (May 2014): 385–429. http://dx.doi.org/10.1017/s0738248013000667.
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Atlanta's human rights community was buzzing, because the United Nations (U.N.) was coming to town. On Sunday, January 19, 1964, the front page of theAtlanta Daily World, the city's oldest black newspaper and the South's only black daily, announced, “United Nations Rights Panel to Visit Atlanta.” The U.N. Sub-Commission on the Prevention of Discrimination and Protection of Minorities (Sub-Commission), theDaily Worldexplained, was a fourteen nation “body that surveys the worldwide problems of discrimination.” The Sub-Commission had been invited to Atlanta by Morris Abram, a former Atlanta attorney and the lone United States member of the Sub-Commission, to study first-hand the city's well-publicized, efforts to improve in race relations. Sunday morning'sDaily Worldalso noted that the U.N. delegation “composed of experts, mostly lawyers and jurists” was in the midst of drafting a global treaty designed to end racial discrimination, and the local paper highlighted Abram's role as the primary drafter of the race accord. “Mr. Abram, as the U.S. expert on the subcommission has proposed a sweeping eight-point treaty,” the article reported. According to theDaily World, the pending race treaty—the treaty that would ultimately become the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD or Convention)—would address “segregation, hate groups and discrimination in public accommodations.”
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Kiseleva, O. A. "Judgment on the merits of the International Court of Justice of January 31, 2024, case Ukraine vs Russian Federation." Law Enforcement Review 8, no. 2 (June 22, 2024): 149–57. http://dx.doi.org/10.52468/2542-1514.2024.8(2).149-157.
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The subject. The number of authors who consistently try in their works to “bury” international justice, as well as international law itself, behind the ideas of politicization, bias and unenforceability, has grown significantly today. The political and legal developments of modern international law should still be assessed comprehensively and in detail. First of all, legal events are the is Judgment on the merits of the International Court of Justice of January 31, 2024, case of Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine vs. Russian Federation).Materials and methods. This research carried out a scientific analysis of the Judgment on the merits of the ICJ dated January 31, 2024. The subject of the study also included other law enforcement acts of the International Court of Justice in this case and in other cases, as well as normative acts of international law.Discussion. The judgment on the merits of the UN International Court of Justice dated January 31, 2024 was one of the most expected and unexpected for many. It is an ambiguous event that requires multifactor analysis. The author analyzed the procedure for considering this dispute, the stated subject and basis of the dispute in conjunction with the decisions of the Court itself on jurisdiction, and assessed the adopted final decisions on the merits of the dispute. It is safe to say that for Russia this decision of the Court is in many ways positive. The positions of the Court in the examined act allow us to draw conclusions not only on the issues of the dispute itself, on the merits of which it was decided, but also regarding the advisability of preserving international justice, which has shown viability and independence.The main results and conclusions. The author analyzes the case review process, the subject of the dispute, which was declared by the applicant and actually considered by the Court, in conjunction with the judgments of the Court on the issue of jurisdiction, and the author gave a legal assessment of the final judgment on the merits of the case. It is safe to say that this Court,s judgment has a positive meaning in many aspects for Russian Federation. The positions of the Court in the act examined allow us to draw conclusions not only on the issues of the case itself, on the merits of which it was rendered, but also on the expediency of preserving international justice, which has shown viability and independence.In addition, the International Court limited itself to proving Russia's guilt in only two minor episodes of international legal violations of the International Convention for the Suppression of the Financing of Terrorism of 1999 and of the International Convention on the Elimination of All Forms of Racial Discrimination of 1965. The Court avoided from orders for damages.
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Gulyaeva, E. E. "Legal Regime for the Protection of Genetic Information of Indigenous Peoples and Local Communities in International Law." Kutafin Law Review 9, no. 1 (April 5, 2022): 3–38. http://dx.doi.org/10.17803/2313-5395.2022.1.19.003-038.
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The present study aims at providing an idea that the protection of genetic and genomic information of indigenous peoples and local communities should be legally established at universal and regional levels. There is a trend in many countries towards the disappearance of rare nations and peoples representing genetic diversity. In the case of the collection, processing, storage, transmission of data in the application of artificial intelligence take further action to ensure cybersecurity, develop ethical guidelines and confidentiality requirements for collection and processing genomic and genetic information on the health of indigenous peoples and local communities bearing in mind the provisions of the United Nations Declaration on the Rights of Indigenous Peoples (2007) and the International Convention on the Elimination of All Forms of Racial Discrimination (1965). Although human genes are not covered by the Convention on Biodiversity (1992), it should be applied by analogy in the case of the protection of the “genetic” heritage of mankind. The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied. The author calls on the international community to recognize indigenous genetic information from medical research as the common heritage of mankind and to establish special legal responsibility of present generations for the future of mankind at the universal level. The author of the article notes the importance of prevention the development of racial and ethnic weapons against a certain population group and to prevent the commission of the crime of “genomocide” against indigenous peoples and local communities and to comply with biosafety measures in conducting scientific research and obtaining certain genetic information, to preserve the uniqueness of the biocode of the nations and peoples inhabiting our planet.
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McGeehan, Nicholas, and David Keane. "Enforcing Migrant Workers' Rights in the United Arab Emirates." International Journal on Minority and Group Rights 15, no. 1 (2008): 81–115. http://dx.doi.org/10.1163/138548708x272537.
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AbstractThe appalling treatment of migrant workers in the United Arab Emirates (UAE), who constitute 80 per cent of the population and 95 per cent of the workforce, has largely escaped international scrutiny. The paper analyses the failure to protect migrant workers' rights in the UAE from a domestic and an international perspective. It outlines the extent of the abuses and demonstrates how the state's weak domestic laws have been further undermined by poor enforcement mechanisms and a lack of political will to address the issue. It examines violations of international human rights law and possible avenues of redress, notably those relating to the International Convention on the Elimination of All Forms of Racial Discrimination of 1965, one of only three international human rights treaties that the UAE has ratified. Furthermore, the paper will argue that the UAE's exploitation of the relative economic weakness of its South Asian neighbours has led to a situation that can be characterised as bonded labour of migrant workers, a form of slavery as defined under international law. It will be concluded that domestic labour provisions in the UAE will never be sufficient to provide basic rights to migrant workers due to the de facto control of the private sector by the public sector. Therefore, concerted international attention and pressure will be required to improve a situation in which over two million workers live in terrible conditions, wholly at odds with the wealth and luxury of the country they have helped to build.
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Titalessy, Andre, Johanis Steny Franco Peilouw, and Veriana Josepha Batseba Rehatta. "Perspektif Hukum Internasional Terhadap Suku Bangsa Kurdi yang Stateless." TATOHI: Jurnal Ilmu Hukum 4, no. 1 (March 31, 2024): 1. http://dx.doi.org/10.47268/tatohi.v4i1.2116.
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Introduction: The background of this research is that citizenship is a form of identity that allows individuals to feel the meaning of ownership, rights and social obligations in the political community (state). The Universal Declaration of Human Rights (UDHR) confirms that everyone has the right to a citizenship.Purposes of the Research: Writing aims to determine the arrangement of International Law against a person who has no citizenship and to know the implementation of International Law against ethnic Kurds.Methods of the Research: This type of research is normative law, namely research that uses secondary data sources with data sources consisting of primary, secondary and tertiary legal materials. The data collection technique used was library research, namely research carried out by collecting various kinds of literary literature either through print media or online media with data collection tools in the form of document studies.Results of the Research: The results of this study indicate that international law has provided rules for a person who has no nationality, including the Universal Declaration of Human Rights, the 1954 Geneva Convention Concerning the Status of Stateless Persons and the 1961 Geneva Convention Concerning the Reduction of Statelessness, the Declaration on the Rights of Persons -Persons of National or Ethnic, Religious and Linguistic Minorities and the International Convention on the Elimination of All Forms of Racial Discrimination. International law has provided clear arrangements for resolving statelessness. But ethnic Kurds in Syria still do not enjoy citizenship rights. The participation of the state government is needed in tackling this.
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Cogan, Jacob Katz. "The 2011 Judicial Activity of the International Court of Justice." American Journal of International Law 106, no. 3 (July 2012): 586–608. http://dx.doi.org/10.5305/amerjintelaw.106.3.0586.
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The International Court of Justice rendered four judgments in 2011: on April 1, a ruling on the respondent’s preliminary objections in Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation), upholding one objection and finding that the Court had no jurisdiction to entertain the application; on May 4, two rulings on Costa Rica’s and Honduras’s applications for permission to intervene in Territorial and Maritime Dispute (Nicaragua v. Colombia), rejecting both; and on December 5, a final decision on jurisdiction, admissibility, and the merits in Application of the Interim Accord of 13 September 1995 (Former Yugoslav Republic of Macedonia v. Greece), finding for the applicant. The Court also issued three orders in incidental proceedings: on March 8, one on Costa Rica’s request for the indication of provisional measures in Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua); on July 4, one on Greece’s application for permission to intervene as a nonparty in Jurisdictional Immunities of the State (Germany v. Italy); and on July 18, one on Cambodia’s request for the indication of provisional measures in Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand). The Court indicated provisional measures in response to both requests, and granted Greece permission to intervene.
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Prodyvus, S. "Lawful resctriction of the right to freedom of movement: international legal standards and practice of the European court of human rights." Uzhhorod National University Herald. Series: Law 1, no. 79 (October 9, 2023): 165–70. http://dx.doi.org/10.24144/2307-3322.2023.79.1.28.
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The article is devoted to the analysis of currentissues of restriction of the right to freedom of movement. The right to freedom of movement is one of the fundamental human rights in a democratic society and, accordingly, an integral part of the international human rights protection mechanism. At the same time, the right to freedom of movement is not absolute and is accompanied by certain restrictions necessary to ensure the realization of the rights, freedoms and interests of other people, the interests of the state and society. The author analyzed the provisions of international legal acts that enshrine the right to freedom of movement, in particular, the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the American Convention on Human Rights (1969), the African Charter on Human and People’s Rights (1981), the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and Protocol No. 4 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The guarantees provided for in the above-mentioned acts and permissible cases of restriction of the right to freedom of movement were analyzed, as well as the criteria for compliance with which such a restriction would be considered legitimate were identified: legality; existence of a goal; necessity. The author has researched the approaches of the UN Human Rights Committee and the European Court of Human Rights to the understanding and interpretation of the mentioned criteria. Based on the analysis of the practice of the European Court of Human Rights on issues of verification of the legality of restrictions on the right to freedom of movement, it is substantiated that interference with the right to freedom of movement will be admissible if it is carried out only on the basis of the law, necessary in a democratic society with a legitimate aim (to protect state security , public order, health or morality of the population or the rights and freedoms of other persons, etc.), the interpretation of each of these requirements by the European Court of Human Rights is given, conclusions are drawn regarding the need to take them into account in national law-making and law-enforcement practice.
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Prodyvus, S. "Lawful resctriction of the right to freedom of movement: international legal standards and practice of the European court of human rights." Uzhhorod National University Herald. Series: Law 2, no. 78 (August 31, 2023): 365–71. http://dx.doi.org/10.24144/2307-3322.2023.78.2.59.
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The article is devoted to the analysis of currentissues of restriction of the right to freedom of movement. The right to freedom of movement is one of the fundamental human rights in a democratic society and, accordingly, an integral part of the international human rights protection mechanism. At the same time, the right to freedom of movement is not absolute and is accompanied by certain restrictions necessary to ensure the realization of the rights, freedoms and interests of other people, the interests of the state and society. The author analyzed the provisions of international legal acts that enshrine the right to freedom of movement, in particular, the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the American Convention on Human Rights (1969), the African Charter on Human and People’s Rights (1981), the International Convention on the Elimination of All Forms of Racial Discrimination (1965) and Protocol No. 4 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The guarantees provided for in the above-mentioned acts and permissible cases of restriction of the right to freedom of movement were analyzed, as well as the criteria for compliance with which such a restriction would be considered legitimate were identified: legality; existence of a goal; necessity. The author has researched the approaches of the UN Human Rights Committee and the European Court of Human Rights to the understanding and interpretation of the mentioned criteria. Based on the analysis of the practice of the European Court of Human Rights on issues of verification of the legality of restrictions on the right to freedom of movement, it is substantiated that interference with the right to freedom of movement will be admissible if it is carried out only on the basis of the law, necessary in a democratic society with a legitimate aim (to protect state security , public order, health or morality of the population or the rights and freedoms of other persons, etc.), the interpretation of each of these requirements by the European Court of Human Rights is given, conclusions are drawn regarding the need to take them into account in national law- making and law-enforcement practice.
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Rudnicki, Zbigniew B. "KULTURA I ROZWÓJ JAKO PODSTAWOWE KATEGORIE ODNIESIENIA W TWORZĄCYM SIĘ PRAWIE LUDÓW TUBYLCZYCH." Zeszyty Prawnicze 12, no. 4 (December 15, 2016): 7. http://dx.doi.org/10.21697/zp.2012.12.4.01.
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CULTURE AND DEVELOPMENT AS THE BASIC CATEGORIESOF REFERENCE IN THE EMERGING LAW OF INDIGENOUS PEOPLES Summary In contemporary international relations indigenous peoples constitute particular ethnic communities waiting for a long time for the regulation of their status as subjects of international law. Paradoxically, decolonisation, which helped many colonial societies gain national rights, has not only left the issue of indigenous peoples in countries formerly colonised by the White Man unresolved but has also complicated their status. In practice former colonies such as the United States, Canada, Australia or New Zealand have not regulated the legal status of indigenous peoples, relegating them politically and economically to the margins of society. The rights of indigenous peoples as minority groups living in the former Soviet Union, who are not at all colonial peoples officially, have not been defined either. The category of indigenous peoples now extends to many ethnic groups living in nation-states, who are culturally and linguistically distinct with respect to the dominant segments of the national society. However, assigning the attributes of indigenous peoples to them in the strict sense of the term is questionable and is not dealt with in this article. This article traces the process which leads to indigenous peoples acquiring the status of a fully-fledged subject of international law. It describes attempts that have been made to interpret the rights of indigenous peoples on the grounds of the universal instruments of international law. The principal documents are the Universal Declaration of Human Rights (1948), the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960), the International Convention on the Elimination of All Forms of Racial Discrimination (1966), the United Nations International Covenant on Civil and Political Rights (1966), and finally the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (1992). Despite the progress made in granting indigenous peoples their rights with the adoption of the UN Declaration on Indigenous Rights (2007), it is still difficult to talk of full success, i.e. the recognition of the international identity and rights of indigenous peoples on a par with other sovereign nations.
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Keane, David. "Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. U.A.E.) (I.C.J.)." International Legal Materials 60, no. 5 (June 9, 2021): 883–960. http://dx.doi.org/10.1017/ilm.2021.22.
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On February 4, 2021, the International Court of Justice (ICJ) delivered its judgment on the preliminary objections raised by the United Arab Emirates (UAE) in Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates). It upheld by eleven votes to six the first preliminary objection raised by the UAE and found that it has no jurisdiction to entertain the application filed by Qatar. The case was referred to the Court under Article 22 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and relates to measures taken on June 5, 2017 by the UAE, along with Saudi Arabia, Bahrain, and Egypt, to cut diplomatic ties with Qatar and impose a blockade, including expelling all Qatari residents and visitors.
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Kirchmair, Lando. "Cultural heritage and the International Court of Justice: Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan), Provisional Measures, Order of 7 December 2021." International Journal of Cultural Property 29, no. 4 (November 2022): 563–75. http://dx.doi.org/10.1017/s0940739122000388.
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AbstractThis case note discusses the role of the International Court of Justice (ICJ) in the protection of cultural heritage. Of particular relevance in this vein is the cultural heritage dimension of the International Convention on the Elimination of All Forms of Racial Discrimination and its interpretation by the ICJ in its provisional measures order of 7 December 2021 in the proceedings on the Application of the International Convention on the Elimination of all Forms of Racial Discrimination (Armenia v. Azerbaijan). In this order, the ICJ indicated provisional measures to protect the cultural heritage of minorities and their right to equal participation in cultural activities. Looking ahead, the case note briefly elaborates on the potential implications of this order and the proceedings for the broader debate on the human right to cultural heritage.
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Cimiotta, Emanuele. "Parallel Proceedings before the International Court of Justice and the Committee on the Elimination of Racial Discrimination." Law & Practice of International Courts and Tribunals 19, no. 3 (November 27, 2020): 388–416. http://dx.doi.org/10.1163/15718034-12341429.
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Abstract In recent times, claims concerning violations of the International Convention on the Elimination of All Forms of Racial Discrimination have been brought by States parties to the Convention to the attention of the International Court of Justice, and, for the first time in the course of United Nations human rights treaty bodies, to the Committee on the Elimination of Racial Discrimination. Relations between the different mechanisms of the sophisticated compliance control system set up by the Convention have been put to the test. In particular, the Qatar v. United Arab Emirates case raises the complex issue of parallel proceedings which, in the author’s opinion, can be dealt with by solutions offered by the Convention itself, rather than by the lis pendens principle.
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Meron, Theodor. "The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination." American Journal of International Law 79, no. 2 (April 1985): 283–318. http://dx.doi.org/10.2307/2201704.
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The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charter—by now accepted into the corpus of customary international law—requiring respect for and observance of human rights and fundamental freedoms for all, without distinction as to race. It has been eloquently described as “the international community’s only tool for combating racial discrimination which is at one and the same time universal in reach, comprehensive in scope, legally binding in character, and equipped with built-in measures of implementation.”
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Pillai, Priya. "Qatar v. United Arab Emirates: Order on Provisional Measures (I.C.J.)." International Legal Materials 59, no. 1 (February 2020): 17–26. http://dx.doi.org/10.1017/ilm.2020.4.
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On June 11, 2018, the State of Qatar (Qatar) instituted legal proceedings against the United Arab Emirates (UAE) before the International Court of Justice (ICJ), alleging violations of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD Convention). On the same day, Qatar also applied for provisional measures of protection.
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Alvarez, José E. "The Missing Global Right to Health." Proceedings of the ASIL Annual Meeting 116 (2022): 3–6. http://dx.doi.org/10.1017/amp.2023.3.
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The World Health Organization's (WHO) Constitution affirms, in its preamble, a fundamental and non-discriminatory right to health and health care. In doing so, it echoes a number of widely ratified treaties and other international legal instruments with a strong claim to having the status of customary international law, including the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women, the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the ILO Convention on Indigenous and Tribal peoples in Independent Countries, and the Standard Minimum Rules for the Treatment of Prisoners. Most recently, the Institut de Droit affirmed that same fundamental right in Article 4 of its September 2021 Resolution on Epidemics, Pandemics, and International Law.
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Serdyuk, Andriy, Nadija Polka, Natalia Medvedovska, Iryna Stovban, and Mykola Kvach. "Analysis of initiatives for regulatory provision of formation, preservation and strengthening of reproductive health." JOURNAL OF THE NATIONAL ACADEMY OF MEDICAL SCIENCES OF UKRAINE, no. 3 2021 (October 29, 2021): 209–17. http://dx.doi.org/10.37621/jnamsu-2021-3-7.
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The article presents the results of studying the legal regulation of the right to reproductive health in Ukraine. The issue becomes relevant due to the growth of negative medical and demographic trends of negative natural growth, population aging, the spread of destructive behavioral stereotypes and poverty of the population of Ukraine, combined with environmental degradation and insufficient physical, territorial and economic availability of quality medical services. In such circumstances, the search for ways to overcome the identified trends, intensify the processes of population reproduction, strengthening its reproductive and labor potential becomes a priority. The aim of the study was a retrospective analysis of the legislative provision of reproductive health, reproductive rights and family planning, maternity protection as the basis for the formation of reproductive health in Ukraine. The materials for the study were domestic and foreign legal framework of legislative and policy documents of the UN, WHO, the World Medical Assembly and the World Bank on the problem. The research methods were: system analysis, bibliosemantic, content analysis. Results. The current norms of international legislation in the field of reproductive health are analyzed, starting with the Charter of Human Rights (Universal Declaration of Human Rights, 1948; International Covenant on Economic, Social and Cultural Rights, 1966; International Covenant on Civil and Political Rights ", 1966; Convention on the Rights of the Child, 1989), a number of treaties and protocols," International Convention on the Elimination of All Forms of Racial Discrimination ", 1961, revised in 1994. ; "Convention relating to the Status of Refugees", 1951, revised in 2002), numerous documents (declarations, covenants, agreements) relevant to the formation of reproductive health, determined the rights of every person and child to life, liberty, security, the highest attainable standard of physical and mental health, affordable health care, gender equality. Resolutions, regulations and declarations developed and approved by the World Medical Assembly (WMA), most of which have been ratified by Ukraine and adapted to the realities of the domestic legal framework in the current post-Soviet legal framework, have also been studied. During the years of independence in Ukraine there was an improvement of legislative regulation of the right to reproductive health in accordance with modern international standards and concepts, most initiatives for the development of this rule in Ukraine had international origins, especially regarding the legal right of every citizen families, opportunities for equal access to medical services in case of reproductive dysfunction, including the need for assisted reproductive technologies. The issues of legislative provision of women's health care before, during and after childbirth, prevention of sexually transmitted infections, reduction of abortions in combination with the program of actions with consolidation of the right of men and women to inform about the range of modern safe and means, contraception, infertility prevention and the possibility of using modern assisted reproductive technologies of family planning, were considered separately. Conclusions. The study concludes that domestic national legislation generally complies with the provisions of international legal acts of a universal nature, the legislative and regulatory framework in the field of reproductive health meets the established principles of public policy and European legislative initiatives ratified by Ukraine. Unstable financing of planned measures affects their effectiveness; state control over the implementation of legislation in this area is ineffective. The current moratorium on the planning and approval of national programs complicates the implementation of previously planned measures. The level of public awareness about the causes of reproductive problems, legislative reproductive rights and ways to prevent diseases remains low. Legal nihilism, combined with the spread of destructive behavioral stereotypes in society, contributes to the deterioration of reproductive health and the health of the general population. Key words: preservation and strengthening of reproductive health, family planning, normative-legal provision.
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Senier, Amy. "TBB–Turkish Union in Berlin/Brandenburg v. Germany." American Journal of International Law 107, no. 4 (October 2013): 891–98. http://dx.doi.org/10.5305/amerjintelaw.107.4.0891.
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In February 2013, the Committee on the Elimination of Racial Discrimination (CERD Committee or the Committee) issued its opinion in TBB—Turkish Union in Berlin/Brandenburg v. Germany. The majority of the Committee concluded that Germany had violated its obligations to protect its Turkish and Arab populations from a former state official’s allegedly racially discriminatory statements in violation of Articles 2(1)(d), 4(a), and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD or the Convention). The Committee reached significant conclusions regarding the contours of incitement to racial hatred and ideas of racial superiority, the balance between freedom from discrimination and freedom of expression, and state discretion not to prosecute. Consideration of this matter also marks the first time a member of the CERD Committee has filed an individual—or dissenting—opinion.
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Adjei, Justice Sir Dennis. "Freedom of Expression and its Legal Consequences in the Era of Social Media." Amicus Curiae 5, no. 3 (July 1, 2024): 564–91. http://dx.doi.org/10.14296/ac.v5i3.5712.
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Freedom of expression has become a household phrase, but its meaning is deeper than first appears, as found in some international instruments and national laws. The Universal Declaration of Human Rights, the first human rights instrument adopted by the United Nations (UN) General Assembly Resolution in Paris on 10 December 1948 to abate human rights violations and atrocities after the Second World War, addressed freedom of expression as one of the touchstones of democracy. Presently, all 192 member states of the United Nations have signed up to it, by virtue of the other UN treaties they have signed, even though it was intended to be a soft law. The Declaration was signed as a soft law to be respected but was without binding force. however, through the passage of time, it has become a customary international law with binding force. Freedom of expression, which is an inalienable right, permits human beings, among other things, to seek information, and if received, the recipient may impart the same through any media, regardless of frontiers, to inform and educate people about their rights. The importance of freedom of expression is that it is one of the pillars of human rights and is found in all the relevant international and regional human rights instruments. The international human rights instruments that have provisions on freedom of expression are: the International Covenant on Civil and Political Rights (ICCPR), which came into force on 23 March 1976, after it had been adopted for signature, ratification and accession by the UN General Assembly on 16 December 1966; the International Convention on the Elimination of All Forms of Racial Discrimination, which was adopted by the UN General Assembly on 21 December 1965; and the Convention on the Rights of the Child, which was adopted by the UN General Assembly on 20 November 1989 and came into force in September 1990. All three regional human rights instruments have recognized freedom of expression as an indispensable part of human rights and have provisions for it. The three regional human rights instruments are: the European Convention on Human Rights (ECHR), which was signed in Rome in 1950 and came into force on 3 September 1953; the African Charter on Human and Peoples’ Rights 1981 (ACHPR), which came into force on 21 October 1986; and the American Covenant on Human Rights (ACHR), which was adopted in 1969 and came into force on 18 July 1978. Freedom of expression is also recognized by the Declaration of Human Rights Defenders, which came into force in 1998 to protect human rights defenders within the context of their work. The rights specifically mentioned in the declaration include freedom of expression. There are also national laws on freedom of expression. The position of Ghana is contained in Article 21 of the Constitution of Ghana 1992, which guarantees freedom of speech and expression, which include freedom of the press and other forms of media such as social, print and electronic media. The article shall address the limitations placed on freedom of expression, even though it appears to be absolute when one reads Article 19 of the Universal Declaration of Human Rights. Article 19 of the ICCPR seems to suggest that freedom of expression is not absolute, and a person who seeks information may impart it through any media, including social media, upon receipt of the same, provided the information put out on media, including social media, is within the limitations placed on freedom of expression. Article 9 of the ACHPR also suggests that the right to receive information is absolute, but the right to express and disseminate opinion shall be within the law prescribed by the member states. Freedom of expression is a term of art and such freedom may be expressed in the form of writing, orally, print, or any other form of art or pictorial representation, and the limitations are placed on any of the modes and forms of expression stated above. Article 13 of the ACHPR prescribes criminal punishment for a person who goes beyond the limitations placed on freedom of expression with the aim of protecting public order, social order, national security, public health, public morality, and respecting the rights or reputations of others. The article aims to discuss all the limitations imposed on freedom of expression, including those punishable either civilly or criminally, or both, for the purposes of respecting the rights of others and not defaming or slandering another person, protecting national security, public order, public health, or morality. The recent trend of events is that people go on social media to defame others, violate their rights, cause fear and panic, and publish information about security threats, public order, and morality with impunity under the guise of freedom of expression. Social media, as a set of interactive internet applications, facilitates the creation, curation and sharing of the contents of information created either by individuals or in collaboration with others, and at the moment it seems to be the fastest form of media. The article shall discuss freedom of expression and its limitations from different human rights instruments and domestic statutes in respect of sanctions that can be imposed on a person who goes beyond their rights to violate the rights of others or defame others, or on a person who has published material that would affect the security of the state, public order, public health, or morals. It shall further discuss the forum where an action may be brought against the person who violates the rights of others in the name of freedom of expression and the appropriate forum where a person charged with an offence under it may be prosecuted. Keywords: admissibility of evidence; communication; African Charter on Human and Peoples’ Rights; criminalization of freedom of expression; documentary information; freedom of expression; International Covenant on Civil and Political Rights; limitations on freedom of expression; social media; Universal Declaration of Human Rights.
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Costello, Cathryn, and Michelle Foster. "Race Discrimination Effaced at the International Court of Justice." AJIL Unbound 115 (2021): 339–44. http://dx.doi.org/10.1017/aju.2021.51.
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This essay examines the interpretation of the core international treaty dedicated to the elimination of racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and in particular how the prohibition on race discrimination applies to the treatment of migrants. This essay is timely, as CERD has travelled from the margins of human rights law to the center of the hottest interstate lawfare. At the time of writing, the first ever interstate dispute before any UN treaty body is before the CERD Committee, and CERD has been invoked in several interstate cases before the International Court of Justice (ICJ). Unfortunately, this crucible of adjudication has not marked an increase in principled interpretation. This essay critiques the recent admissibility ruling of the ICJ in Qatar v. U.A.E. for its marginalization of the prohibition of race discrimination, in particular the failure meaningfully to consider how nationality discrimination may constitute prohibited race discrimination.
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Buys, Cindy Galway. "Application of the International Convention on the Elimination of All Forms of Racial Discrimination." American Journal of International Law 103, no. 2 (April 2009): 294–99. http://dx.doi.org/10.2307/20535151.
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Szewczyk, Bart M. J. "Application of the International Convention on the Elimination of All Forms of Racial Discrimination." American Journal of International Law 105, no. 4 (October 2011): 747–54. http://dx.doi.org/10.5305/amerjintelaw.105.4.0747.
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Keane, David. "Mapping the International Convention on the Elimination of All Forms of Racial Discrimination as a Living Instrument." Human Rights Law Review 20, no. 2 (June 2020): 236–68. http://dx.doi.org/10.1093/hrlr/ngaa013.
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Abstract The ‘living instrument’ doctrine has emerged as a key vehicle for evolution and innovation within the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Originating in the case law of the European Court of Human Rights, the doctrine has been adopted by the Committee on the Elimination of Racial Discrimination and, it is argued, all the United Nations treaty bodies. Yet its origins and meaning under ICERD have not been explored. This article investigates its first invocation in an individual communication, Hagan v Australia. It contrasts regional case law, where individual judgments set key interpretive standards, with an international individual communications system that has evolved asymmetrically across the United Nations treaties and does not perform the same standard-setting role. The significance of concluding observations and general recommendations in understanding ICERD as a living instrument is detailed. The living instrument approach in recent inter-State complaints before the International Court of Justice and the Committee is discussed. In conclusion, the need to map ICERD as a living instrument across the multiplicity of its supervisory mechanisms is emphasised.
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Palchetti, Paolo. "La controversia tra Georgia e Russia davanti alla Corte internazionale di giustizia: l'ordinanza sulle misure provvisorie del 15 ottobre 2008." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 1 (April 2009): 111–28. http://dx.doi.org/10.3280/dudi2009-001005.
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- In its Order of 15 October 2008, rendered in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation), the International Court of Justice indicated provisional measures directing both Parties, inter alia, to ensure that no action of racial discrimination be taken against the persons living in the Georgian territory of South Ossetia and Abkhazia. The Court's Order deals with interesting issues concerning the extraterritorial application of the Convention on Racial Discrimination, the interpretation of the compromissory clause embodied in Article 22 of the Convention and the relationship between human rights law and humanitarian law. The most debated issue, however, revolved around the question as to whether there existed a dispute between the Parties as to the interpretation and application of the Convention. While Georgia may have used its unilateral application for political purposes which are connected to the broader conflict following Russian military intervention of August 2008, it is argued that the Court's decision on the existence prima facie of a dispute and of its jurisdiction appears to be a sound one.
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Thornberry, Patrick. "Forms of Hate Speech and the Convention on the Elimination of all Forms of Racial Discrimination (ICERD)." Religion & Human Rights 5, no. 2-3 (2010): 97–117. http://dx.doi.org/10.1163/187103210x528138.
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AbstractIn this article, issues are raised concerning freedom of expression and forms of hate speech including advocacy of religious hatred in light of proposals to combat defamation of religions. In particular, it is asked whether parallels can be drawn between freedom of expression and protection from forms of hate speech in the area of race and ethnicity, and expression and protection in the field of religion. The present article offers a brief summary of relevant ICERD (‘the Convention’)<xref ref-type="fn" rid="FN1">2</xref> principles and practice. The sketch of principles revolves around key areas of the Convention: the concept of discrimination including the ‘grounds’ of prohibited discrimination and how they relate to religious groups; the Convention’s stance on hate speech and rights to freedom of thought, conscience and religion<xref ref-type="fn" rid="FN2">3</xref> and freedom of opinion and expression.<xref ref-type="fn" rid="FN3">4</xref> The concluding section reflects on the concept of defamation of religions, the boundaries of ICERD in its current interpretation, and the idea of ICERD as a model for wider exercises in standard setting. The Committee on the Elimination of Discrimination (CERD) has the longest practice of any treaty body in the fields within its mandate and has developed a distinctive discourse in key areas. ‘Hate speech’ in the present article is used as shorthand for a range of international provisions protecting individuals and groups from discrimination and other assaults on their dignity and does not imply a special definition beyond the examples cited.
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Marchuk, Iryna. "Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of all Forms of Racial Discrimination (Ukraine v. Russian Federation) (Preliminary Objections) (I.C.J.)." International Legal Materials 59, no. 3 (June 2020): 339–416. http://dx.doi.org/10.1017/ilm.2020.26.
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On November 8, 2019, the International Court of Justice (ICJ) delivered a highly anticipated judgment on the preliminary objections raised by the Russian Federation with respect to the lack of the Court's jurisdiction over the claims brought by Ukraine under the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the International Convention for the Suppression of the Financing of Terrorism (ICSFT). The Court overwhelmingly rejected all of Russia's preliminary objections under both Conventions and confirmed the admissibility of Ukraine's claims under the CERD. Therefore, Ukraine's case will be heard on the merits in its entirety.
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Jackson, Miles. "THE DEFINITION OF APARTHEID IN CUSTOMARY INTERNATIONAL LAW AND THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION." International and Comparative Law Quarterly 71, no. 4 (October 2022): 831–55. http://dx.doi.org/10.1017/s0020589322000379.
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AbstractDespite recent and increasing attention to the wrong of apartheid in international politics, some basic definitional questions remain uncertain. This article seeks to delineate the definition of apartheid in international law. Its focus is on the prohibition of apartheid binding States in custom and the obligation in Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination. In both cases, the article shows that the Apartheid Convention of 1973 supplies the wrong's definition. Thereafter, the article addresses three key elements that will be central to determining an allegation of apartheid: its wrongful acts, its distinctive purpose requirement, and the issue of what constitutes a ‘racial group’. Finally, the article also draws attention to the wider importance of the prohibition of apartheid in the international legal system. International law marks with particular normative significance a set of practices entailing systematic and structural harms that need not involve violations of life or bodily integrity.
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Polivanova, O. M. "CASE “UKRAINE V. RUSSIAN FEDERATION”. DETERMINATION OF THE DISPUTE SUBJECT-MATTER AND JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE." Legal horizons 33, no. 20 (2020): 167–74. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p167.
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The article deals with the case “Application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. The Russian Federation)”, initiated by the Application of Ukraine of 16 January 2017. On November 8, 2019, as a result of the preliminary objections raised by the Russian Federation on September 12, 2018, on the Court’s jurisdiction and the admissibility of the claim, the UNs International Court of Justice rejected the preliminary objections of the Russian Federation in favor of Ukraine. In the judgment, the Court identified the subject-matter of the dispute between the parties and established its jurisdiction in accordance with art. 24.1 of the International Convention for the Suppression of the Financing of Terrorism and art. 22 of the International Convention on the Elimination of All Forms of Racial Discrimination. In the article, particular attention is paid to both the analysis of the findings of the ICJ on the determination of the dispute subject-matter (disputed issues that will form the basis of the case merits) and the examination of the Court’s jurisdiction in the case. Ukraine v. Russia case has been brought by Ukraine after the events that have taken place in the east of our state and in the south – in the Crimea since the spring of 2014 and on which parties have different views. The Court noted that issues of purported “aggression” of the Russian Federation against Ukraine, or “unlawful occupation” of the territory of Ukraine by the Russian Federation, as well as the proclamation of the status of the Crimea by the Court are not within the subject-matter of dispute in the present case. In respect of the events in eastern Ukraine, the applicant initiated proceedings only under the International Convention for the Suppression of the Financing of Terrorism. In Crimea, Ukraine’s claims are based solely on the International Convention on the Elimination of All Forms of Racial Discrimination. Based on established jurisdiction, the Court will be able to make a final determination solely on whether by its actions (inaction) the Russian Federation has breached its international legal obligations under the conventions mentioned above – within the limits set out in the claim of Ukraine. In view of the subject-matter determined by the Court, the ICJ deciding on the merits of the case will, first, establish whether under the International Convention for the Suppression of the Financing of Terrorism the Russian Federation was required to take measures and cooperate in the prevention and suppression of alleged terrorism financing in the context of events in eastern Ukraine and, if so, whether the Russian Federation has breached such obligations. Secondly, the Court will determine whether the respondent violated its international legal obligations by discriminatory measures applied, based on Ukraine’s position, against the Crimean Tatar and Ukrainian communities in the Crimea. The Court’s finding on the violations of the abovementioned international treaty rules will result in the Russian Federation being held liable, including in the forms of immediate termination of these violations, the resumption by the Russian Federation of the fulfillment of its international obligations under the discussed conventions, as well as compensation for losses, including those of financial kind – as it was claimed by Ukraine. Keywords: Ukraine, Russian Federation, United Nations International Court of Justice, the subject-matter of the dispute, jurisdiction, convention, terrorism financing, racial discrimination, eastern Ukraine, Crimea.
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Hofer, Alexandra. "Application of the International Convention on the Elimination of all Forms of Racial Discrimination (Qatar v. United Arab Emirates): Request for the Indication of Provisional Measures (I.C.J.)." International Legal Materials 57, no. 6 (December 2018): 973–1030. http://dx.doi.org/10.1017/ilm.2018.48.
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On July 23, 2018, the International Court of Justice (ICJ or Court) issued its Order on Qatar's request for provisional measures in the Qatar v. United Arab Emirates (UAE) case in which Qatar claims the UAE is responsible for violating the Convention on the Elimination of All Forms of Racial Discrimination (CERD or the Convention). The Court has previously ordered provisional measures under CERD in the context of the Ukraine v. Russia case and in the Georgia v. Russia proceedings. As is already apparent in the Order and the dissenting and separate opinions, the Qatar v. UAE case raises important issues pertaining to the interpretation of racial discrimination on the basis of “national origin” under Article 1(1) CERD as well as to the reading of the procedural conditions under Article 22 CERD.
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Banton, Michael. "United Nations. International Convention on the Elimination of All Forms of Racial Discrimination / Beyond discrimination: racial inequality in a postracist era." Ethnic and Racial Studies 38, no. 13 (April 7, 2015): 2396–98. http://dx.doi.org/10.1080/01419870.2015.1031151.
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Rašević, Živorad. "Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates." Strani pravni zivot, no. 3 (2021): 375–89. http://dx.doi.org/10.5937/spz65-33037.
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The paper analyses the judgment of the International Court of Justice in the lawsuit of Qatar against the United Arab Emirates on the application of the International Convention on the Elimination of All Forms of Racial Discrimination and its contribution to the development of anti-discrimination law. The motives and procedural actions of the parties, the reasoning of the Court, and the consequences of the judgment are analysed, using legal, social, and philosophical methodologies. The research results in findings that the Court did not take into account the practice of human rights monitoring bodies. Instead, the Court teleologically interpreted the Convention and found that the substantive scope of the Convention does not cover nationality as a protected ground. This judgment does not give rise to optimism regarding further articulation and systematization of anti-discrimination law. Parochialism will certainly continue to prevail in the definition of the concept, protected grounds and relations, and purposes of protection against discrimination. Nevertheless, this judgment is useful in a few aspects: for the assessment of procedural prospects in the future similar proceedings, for understanding the scope of the Convention, and, in particular, for the understanding of various meanings of the notion of nationality within different contexts.
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Mahalic, Drew, and Joan Gambee Mahalic. "The Limitation Provisions of the International Convention on the Elimination of All Forms of Racial Discrimination." Human Rights Quarterly 9, no. 1 (February 1987): 74. http://dx.doi.org/10.2307/761947.
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Keane, David. "Patrick Thornberry, The International Convention on the Elimination of All Forms of Racial Discrimination: A Commentary." Human Rights Law Review 17, no. 2 (April 21, 2017): 370–76. http://dx.doi.org/10.1093/hrlr/ngx008.
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Brems, Eva. "Ethiopia Before The United Nations Treaty Monitoring Bodies." Afrika Focus 20, no. 1-2 (February 15, 2007): 49–74. http://dx.doi.org/10.1163/2031356x-0200102004.
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Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights; ‒ The Convention on the Elimination of all Forms of Discrimination against Women; ‒ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; ‒ The Convention on the Rights of the Child; ‒ The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state – Ethiopia – with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.
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Malaihollo, Medes. "The International Convention on Elimination of All Forms of Racial Discrimination: Reviewing Special Measures Under Contemporary International Law." Groningen Journal of International Law 5, no. 1 (September 1, 2017): 135–46. http://dx.doi.org/10.21827/59db6930da8d4.
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Namala, Paul Divakar. "Norm Entrepreneurship at the UN - Dalits and Communities Discriminated on Work and Descent." CASTE / A Global Journal on Social Exclusion 2, no. 2 (December 18, 2021): 235–64. http://dx.doi.org/10.26812/caste.v2i2.339.
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Human rights are rights inherent to all human beings. However, caste-based discrimination is one of the areas that most human rights mechanisms overlook. As a result of several interventions by Dalit and human rights organisations, the erstwhile United Nations body, in 2000, has termed it ‘discrimination based on work and descent’. The above Dalit and other International organisations have also brought evidence before the UN Committee on the Elimination of Racial Discrimination which has endorsed caste-based discrimination as part of the discrimination based on descent, in Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Further, it was also brought to the notice of various Special Rapporteurs and UN Committees that communities discriminated on work and descent (CDWD) face severe human rights violations and abuses that continue to restrain the socio-economic development of these specific groups of people in several countries globally. Dalit organizations and their solidarity bodies have gone ahead through a process of ‘norm entrepreneurship’ at the UN levels. This article narrates and analyses the challenges and human rights consequences of caste and discrimination based on work and discusses the norm entrepreneurship journey of Dalits and CDWD at the UN level.
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van Boven, Theo. "Combating Racial Discrimination in the World and in Europe." Netherlands Quarterly of Human Rights 11, no. 2 (June 1993): 163–72. http://dx.doi.org/10.1177/016934419301100203.
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The struggle against racism and racial discrimination requires a broad strategy of action, ranging from legal and political measures, including measures of conflict resolution and confidence building, to policies in the fields of teaching, education, culture and information. Attention is paid to the actions taken over the years by the United Nations to eliminate racism and racial discrimination. It may be concluded that the actions to combat racism and racial discrimination had, at least at the level of the United Nations, a spear-head function on the road to the progressive development of strategies and policies for dealing with the promotion and protection of human rights in general. Racial discrimination is a global problem that manifests itself in a variety of ways. The international standards, adopted and proclaimed by the United Nations, are applicable to all and not only with respect to a pre-selected number of countries and situations. These standards are universal. Subsequently, the question of racism and racial discrimination as it manifests itself in Europe is dealt with. With the disappearance of totalitarian communism, Europe has become a complicated place where in several areas national and ethnic violence has reached proportions and a degree of hatred and cruelty which are reminders of the days of World War II. Radical sentiments of nationalism and ethnocentrism re-emerge. Apart from this there is a steadily growing manifestation of racism and xenophobia against foreign immigrants and refugees. There are also countermovements, which are a source of hope that the struggle against racism and racial discrimination is a commitment as well as a common standard of achievement by all peoples and all nations. Action at the national level has to be supplemented by action at the international level. The International Convention on the Elimination of All Forms of Racial Discrimination is a strategic tool in this area. In the light of new challenges it is therefore of great importance that all States and all sectors of society, cooperate to implement this Convention and that the supervisory mechanism established under the Convention is able to carry out its critical role.
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Dani, Micaella, and Muharjono Muharjono. "AUSTRALIAN HUMAN RIGHTS COMMISSION (AHRC) DALAM MENGURANGI KASUS DISKRIMINASI RAS DI AUSTRALIA TAHUN 2015-2018." Paradigma: Jurnal Masalah Sosial, Politik, dan Kebijakan 24, no. 1 (June 27, 2021): 434. http://dx.doi.org/10.31315/paradigma.v24i1.5018.
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This journal discussing about the efforts of the Australian Human RightsCommission (AHRC) to reduce racial discrimination cases in Australia 2015-2018. The AHRC efforts was defined into five rules and procedures for resolving racial discrimination complaints. They are socialization or early warning, collecting complaints and investigation, fulfillment, continuation of legal actions, and public hearings. The Australia’s moment ratified the rules of the United Nations of Human Rights Commissioner (UNHRC), namely the CERD rules concerning the International Convention on the Elimination of All Forms of Racial Discrimination which sparked the 1975 Racial Discrimination Act could construct the formation of the AHRC in 1986. The principle of UNHRC is an organization known as regime which adopted in Australia in the form of AHRC. This journal aims to discuss, describe and find out the efforts of the Australian Human Rights Commission in reducing cases of racial discrimination in Australia 2015-2018. Explain the rules and procedures for resolving racial discrimination complaints received by the AHRC through five stages of resolution. Afterwards analyze whether the five rules and procedures implemented by the AHRC implemented optimally to reduce racial discrimination cases which happened in Australia in 2015-2018.
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Adelaide, Alyne, Bindi Corymbia, and Ambelin Chloe. "AHRC Efforts Action to Reduce Racial Discrimination Cases Occur in Australia." Pancasila International Journal of Applied Social Science 1, no. 01 (May 1, 2023): 25–45. http://dx.doi.org/10.59653/pancasila.v1i01.76.
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This article discusses the efforts of the Australian Human Rights Commission (AHRC) to reduce cases of racial discrimination in Australia 2015-2018. The AHRC's efforts are defined in five rules and procedures for resolving complaints of racial discrimination. Among them are socialization or early warning, complaints and investigations, compliance, continuation of legal action, and public hearings. The moment Australia ratified the United Nations Human Rights Commission (UNHRC) rules, namely the CERD rules on the International Convention on the Elimination of All Forms of Racial Discrimination which sparked the 1975 Racial Discrimination Act that could form the formation of the AHRC in 1986. In principle UNHRC is an organization known as the regime adopted in Australia in the form of the AHRC. This journal aims to discuss, describe, and find out the efforts of the Australian Commission on Human Rights in reducing cases of racial discrimination in Australia 2015-2018. Describes the rules and procedures for resolving racial discrimination complaints received by the AHRC through the five stages of resolution. After that it analyzes whether the five rules and procedures applied by the AHRC are implemented optimally to reduce cases of racial discrimination that occurred in Australia in 2015-2018.
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Vylegzhanin, A. N., D. V. Ivanov, and O. I. Zinchenko. "Claims Concerning Racial Discrimination: Jurisdictional Approaches of the International Court of Justice." Kutafin Law Review 9, no. 2 (July 5, 2022): 355–91. http://dx.doi.org/10.17803/2713-0525.2022.2.20.355-391.
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Recent years have demonstrated an increase in cases that were brought before the ICJ by way of jurisdictional clauses of treaties, and never before has the Court experienced such a considerable influx of human rights-related claims. In particular, cases concerning racial discrimination, which first appeared in the Court’s docket in 2008, take up today a substantial part of its agenda: three out of fourteen cases currently pending before the ICJ concern issues of application of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), while the fourth one was resolved just in 2021. The article describes the problems the Court encountered in striking the proper balance between various legal and political considerations when interpreting the jurisdictional clause of Article 22 of CERD and questions whether the ICJ has succeeded in doing so.
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Swe, Ei Thandar. "Hate Speech in Myanmar." Journal of Advanced Research in Social Sciences 3, no. 4 (December 30, 2020): 31–37. http://dx.doi.org/10.33422/jarss.v3i4.533.
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Freedom of expression can be abused in concerning with race, religion or nation, politics and gender and it transfers into a hate speech. This research intends to investigate the gap between the legal ideals and actual practice, especially to understand effectiveness or impact of a draft for the Protection against and Prevention of Hate Speech Law in Myanmar. This paper analyzes the Domestic Laws such as the Constitution of the Republic of the Union of Myanmar, 2008 and the Penal Code, 1861 and the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of all forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of Discriminations against Women (CEDAW) and the Genocide Convention relating to international Conventions and international other documents. This research uses a qualitative approach research method, applying analysis of laws. The draft law is required to balance the right to freedom of expression and the prohibition of hate speech. International human rights laws and standards recognize all protected characteristics of human rights that should be comprised all protecting range of any actions to define “hate speech” in the draft law and should not be restricted to ethnicity, religion, nation, politic and gender. The Government should provide the upcoming Law Protection against and Prevention of Hate Speech in Myanmar urgently.
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Dixon, Kwame. "Racial Discrimination and Human Rights in the Global Context: The International Convention on the Elimination of all Forms of Discrimination." Sociology Compass 4, no. 9 (September 2010): 789–99. http://dx.doi.org/10.1111/j.1751-9020.2010.00315.x.
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Waughray, Annapurna. "Caste Discrimination and Minority Rights: The Case of India's Dalits." International Journal on Minority and Group Rights 17, no. 2 (2010): 327–53. http://dx.doi.org/10.1163/157181110x495926.
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AbstractIndia's Dalits (formerly known as Untouchables) number around 167 million or one-sixth of India's population. Despite constitutional and legislative prohibitions of Untouchability and discrimination on grounds of caste they continue to suffer caste-based discrimination and violence. Internationally, caste discrimination has been affirmed since 1996 by the UN committee on the Elimination of Racial Discrimination as a form of racial discrimination prohibited by the Inter national Convention for the Elimination of all Forms of Racial Discrimination, and since 2000 as a form of discrimination prohibited by international human rights law. India's Dalits have also pursued minority rights and indigenous peoples' approaches before international forums. Yet the Dalits do not readily meet the internationally-agreed criteria for minorities or for indigenous peoples, while in India they are not classified legally as a minority, enjoying a constitutional status and constitutional protections in the form of affirmative action provisions distinct from those groups classified as minorities. This article is concerned with the characterisation of the Dalits in international and Indian law. In particular it focuses on India's provisions on Dalits and minorities respectively, examining the origins and limitations of the Scheduled Caste category (the constitutional term for the Dalits) and the relationship between Scheduled Caste status and religion. The article addresses arguments for the extension of Scheduled Caste status to Muslim and Christian Dalits (currently excluded from the constitutional category on grounds of religion) and concludes by endorsing calls for re-examination of the domestic legal categories encompassing victims of caste discrimination and of the legal strategies for the elimination of such discrimination, while arguing that internationally caste discrimination might be more effectively addressed by the conceptualisation of caste as a sui generis ground of discrimination as in India.