International Convention on the Elimination of All Forms of Racial Discrimination

PART I

Article 1

1. In this Convention, the term “racial discrimination”shall mean any
distinction, exclusion, restriction or preference based on race, colour,
descent, or national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal
footing, of human rights and fundamental freedoms in the political,
economic, social, cultural or any other field of public life.

2. This Convention shall not apply to distinctions, exclusions,
restrictions or preferences made by a State Party to this Convention
between citizens and non-citizens.

3. Nothing in this Convention may be interpreted as affecting in any way
the legal provisions of States Parties concerning nationality, citizenship
or naturalization, provided that such provisions do not discriminate
against any particular nationality.

4. Special measures taken for the sole purpose of securing adequate
advancement of certain racial or ethnic groups or individuals requiring
such protection as may be necessary in order to ensure such groups or
individuals equal enjoyment or exercise of human rights and fundamental
freedoms shall not be deemed racial discrimination, provided, however, that
such measures do not, as a consequence, lead to the maintenance of separate
rights for different racial groups and that they shall not be continued
after the objectives for which they were taken have been achieved.

Article 2

1. States Parties condemn racial discrimination and undertake to pursue by
all appropriate means and without delay a policy of eliminating racial
discrimination in all its forms and promoting understanding among all
races, and, to this end:

(a) Each State Party undertakes to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions and
to ensure that all public authorities and public institutions,
national and local, shall act in conformity with this obligation;
(b) Each State Party undertakes not to sponsor, defend or support racial
discrimination by any persons or organizations;
(c) Each State Party shall take effective measures to review
governmental, national and local policies, and to amend, rescind or
nullify any laws and regulations which have the effect of creating or
perpetuating racial discrimination wherever it exists;
(d) Each State Party shall prohibit and bring to an end, by all
appropriate means, including legislation as required by
circumstances, racial discrimination by any persons, group or
organization;
(e) Each State Party undertakes to encourage, where appropriate,
integrationist multi-racial organizations and movements and other
means of eliminating barriers between races, and to discourage
anything which tends to strengthen racial division.

2. States Parties shall, when the circumstances so warrant, take, in the
social, economic, cultural and other fields, special and concrete measures
to ensure the adequate development and protection of certain racial groups
or individuals belonging to them, for the purpose of guaranteeing them the
full and equal enjoyment of human rights and fundamental freedoms. These
measures shall in no case entail as a consequence the maintenance of
unequal or separate rights for different racial groups after the objectives
for which they were taken have been achieved.

Article 3

States Parties particularly condemn racial segregation and apartheid and
undertake to prevent, prohibit and eradicate all practices of this nature
in territories under their jurisdiction.

Article 4

States Parties condemn all propaganda and all organizations which are based
on ideas or theories of superiority of one race or group of persons of one
colour or ethnic origin, or which attempt to justify or promote racial
hatred and discrimination in any form, and undertake to adopt immediate and
positive measures designed to eradicate all incitement to, or acts of, such
discrimination and, to this end, with due regard to the principles embodied
in the Universal Declaration of Human Rights and the rights expressly set
forth in article 5 of this Convention, inter alia:

(a) Shall declare an offence punishable by law all dissemination of ideas
based on racial superiority or hatred, incitement to racial
discrimination, as well as all acts of violence or incitement to such
acts against any race or group of persons of another colour or ethnic
origin, and also the provision of any assistance to racist
activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations, and also organized
and all other propaganda activities, which promote and incite racial
discrimination, and shall recognize participation in such
organizations or activities as an offence punishable by law;
(c) Shall not permit public authorities or public institutions, national
or local, to promote or incite racial discrimination.

Article 5

In compliance with the fundamental obligations laid down in article 2 of
this Convention, States Parties undertake to prohibit and to eliminate
racial discrimination in all its forms and to guarantee the right of
everyone, without distinction as to race, colour, or national or ethnic
origin, to equality before the law, notably in the enjoyment of the
following rights:

(a) The right to equal treatment before the tribunals and all other
organs administering justice;
(b) The right to security of person and protection by the State against
violence or bodily harm, whether inflicted by government officials or
by any individual, group or institution;
(c) Political rights, in particular the rights to participate in
elections–to vote and to stand for election–on the basis of
universal and equal suffrage, to take part in the Government as well
as in the conduct of public affairs at any level and to have equal
access to public service;

(d) Other civil rights, in particular:
(i) The right to freedom of movement and residence within the
border of the State;
(ii) The right to leave any country , including one’s own, and to
return to one’s country ;
(iii) The right to nationality;
(iv) The right to marriage and choice of spouse;
(v) The right to own property alone as well as in association with
others;
(vi) The right to inherit;
(vii) The right to freedom of thought, conscience and religion;
(viii) The right to freedom of opinion and expression;
(ix) The right to freedom of peaceful assembly and association;

(e) Economic, social and cultural rights, in particular:
(i) The rights to work, to free choice of employment, to just and
favourable conditions of work, to protection against
unemployment, to equal pay for equal work, to just and
favourable remuneration;
(ii) The right to form and join trade unions;
(iii) The right to housing;
(iv) The right to public health, medical care, social security and
social services;
(v) The right to Education and training;
(vi) The right to equal participation in cultural activities;

(f) The right of access to any place or service intended for use by the
general public, such as transport, hotels, restaurants, cafes,
theatres and parks.

Article 6

States Parties shall assure to everyone within their jurisdiction effective
protection and remedies, through the competent national tribunals and other
State institutions, against any acts of racial discrimination which violate
his human rights and fundamental freedoms contrary to this Convention, as
well as the right to seek from such tribunals just and adequate reparation
or satisfaction for any damage suffered as a result of such discrimination.

Author: international

Mentioned in these Entries

Constitutional Text: Argentina 1994, Conventions: Chronological Index 1951-1970, Education, Human Rights conventions, Human rights : a reference handbook, International Convention on the Elimination of All Forms of Racial Discrimination 2, International Convention on the Elimination of All Forms of Racial Discrimination 3, International Court of Justice Part 5, International Covenant on Civil and Political Rights Part 2, country.

Human Rights Conventions: CERD – International Convention on the Elimination of All Forms of Racial Discrimination

Further Reading

• A concise encyclopedia of the United Nations (including International Convention on the Elimination of All Forms of Racial Discrimination, H Volger, KA Annan -2010)
• The Oxford Handbook on the United Nations (TG Weiss – 2007)
• International Law: A Dictionary (including International Convention on the Elimination of All Forms of Racial Discrimination, Boczek, Boleslaw Adam -2005)