Search Results

The chapter outlines how ICERD has traditionally had an outlier status among international human rights treaties in respect of racist hate speech due to its heavy reliance on the criminalisation of certain types of expression in order to combat racism. The recent General Recommendation 35 recognises that ICERD as a living instrument must be better synchronised and informed by contemporary understandings of racist hate speech, its causes, manifestations and impact.

The chapter examines the emergence of the issue of caste-discrimination under ICERD in the 1990s, its consolidation in General Recommenaiton 29, and State opposition, in particular from India, which contests the categorisation of caste as a form of descent-based discrimination and therefore a form of racial discrimination.

Through the issue of disaggregated data collection, the chapter tracks the changes in CERD’s approach from its early days to contemporary questions, capturing shifts in the Committee’s priorities and engagement with States parties.

The chapter articulates the relationship between the minority rights discourse and ICERD, and looks forward to a greater understanding of its relevance to minority rights. Overall the chapter paints ICERD as a key custodian of minority rights within the UN system, a role which has been under-represented in the literature.

The chapter reviews CERD's contribution to the development of the rights of indigenous peoples under international law, as inter alia the first human rights treaty monitoring body to adopt a specific general recommendation on the rights of indigenous peoples.

The chapter opens the collection with a tour d’horizon of the origins, lifetime and experience of implementing the treaty from the perspective of a CERD member. It argues that the treaty ought to be considered a significant step forward in the extension of the rule of law.

The chapter explores the common thread linking ICERD and genoide, including CERD’s 2005 Declaration on the Prevention of Genocide, and list of indicators relevant to the prevention of genocide, termed ‘indicators of patterns of systematic and massive racial discrimination’.

The chapter represents a discussion of racial discrimination and gender justice, or the link between the elimination of all forms of racial discrimination and the furtherance of gender justice via the UN treaty system.

The chapter analyses the role of CERD in highlighting and addressing the discrimination suffered by Afro-descendants in Latin America. CERD General Recommendation 34 (on people of African descent is detailed, including its potential as a stepping-stone towards an International Declaration on the Rights of Afro-descendants.

The chapter offers a compelling case study on the operationalization of CERD’s early warning and urgent action procedure in the case of the Subanon community located at the foot of Mt Canatuan in the Phillippines, and provides a close-up of the relevance of the treaty on the ground.

The chapter provides a chronological account of CERD’s engagement with discrimination against Roma and its central contribution to developments which have brought about a fundamentally changed understanding of the Roma as a heterodox set of ethnic groups.

The chapter highlights the potential of ICERD to contribute to the process of transitional justice in post-conflict societies. In particular it identifies truth commissions as having largely ignored the potential for ICERD as a transitional tool, and calls on CERD, States Parties and other actors to better understand and carve out a role for ICERD in the truth and reconciliation process.

The chapter highlights the continued and future relevance of ICERD. While racism as an official state policy no longer exists, racial discrimination remains a reality, taking new forms. The constructive dialogue between States parties and CERD will enable the continued application of the treaty to new and emerging situations and to new forms of racial discrimination.