David Keane and Annapurna Waughray (eds)
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.001.0001
- Subject:
- Law, Human Rights and Immigration
Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination is the very first edited collection on ICERD, the oldest of the UN human rights treaties. With a ...
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Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination is the very first edited collection on ICERD, the oldest of the UN human rights treaties. With a major Introduction and 13 chapters, it provides a unique combination of members of the Committee on the Elimination of Racial Discrimination (CERD) and academic and other experts, to discuss the importance of the treaty on its 50th anniversary.Less
Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination is the very first edited collection on ICERD, the oldest of the UN human rights treaties. With a major Introduction and 13 chapters, it provides a unique combination of members of the Committee on the Elimination of Racial Discrimination (CERD) and academic and other experts, to discuss the importance of the treaty on its 50th anniversary.
Annapurna Waughray and David Keane
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0007
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Nozipho January-Bardill
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0004
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Joshua Castellino
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0012
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Joshua Clark
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0003
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Tarlach McGonagle
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0013
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Ion Diaconu
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0014
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Michael Banton
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0002
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Pastor Murillo and Esther Ojulari
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0008
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Lydia A. Nkansah
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0011
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Devyn Spence Benson
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9781469626727
- eISBN:
- 9781469626741
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469626727.003.0002
- Subject:
- History, Latin American History
Chapters 1 illustrates the major steps and missteps in Cuba’s state-sponsored campaign to eliminate racial discrimination that began in March 1959. Using government speeches and articles, editorials, ...
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Chapters 1 illustrates the major steps and missteps in Cuba’s state-sponsored campaign to eliminate racial discrimination that began in March 1959. Using government speeches and articles, editorials, and political cartoons from Cuban newspapers, this chapter finds that the revolution’s choice to speak to the unequal situation facing Cubans of color was somewhat surprising given M 26-7’s silence about race during the 1950s war against Batista. However, the need to respond to pressure from Afro-Cuban leaders and to unify the nation against U.S. opposition led the new government to break their silence on racial discrimination. In March 1959, Castro announced the national anti-discrimination campaign and initiated what would become the revolution’s legacy as an antiracist government. Unfortunately, the revolution fell into the same trap that plagued nineteenth-century patriots—the desire to resolve racial inequalities by moving beyond race to a colorblind society.Less
Chapters 1 illustrates the major steps and missteps in Cuba’s state-sponsored campaign to eliminate racial discrimination that began in March 1959. Using government speeches and articles, editorials, and political cartoons from Cuban newspapers, this chapter finds that the revolution’s choice to speak to the unequal situation facing Cubans of color was somewhat surprising given M 26-7’s silence about race during the 1950s war against Batista. However, the need to respond to pressure from Afro-Cuban leaders and to unify the nation against U.S. opposition led the new government to break their silence on racial discrimination. In March 1959, Castro announced the national anti-discrimination campaign and initiated what would become the revolution’s legacy as an antiracist government. Unfortunately, the revolution fell into the same trap that plagued nineteenth-century patriots—the desire to resolve racial inequalities by moving beyond race to a colorblind society.
William Schabas
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0009
- Subject:
- Law, Human Rights and Immigration
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, ...
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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’.Less
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’.
Jérémie Gilbert
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0005
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Claude Cahn
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0006
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Kiyoteru Tsutsui
- Published in print:
- 2018
- Published Online:
- August 2018
- ISBN:
- 9780190853105
- eISBN:
- 9780190853143
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190853105.003.0004
- Subject:
- Sociology, Politics, Social Movements and Social Change, Comparative and Historical Sociology
This chapter first examines the history of Burakumin activism to combat discrimination against them based on their former outcaste status, which by the 1970s had established them as an influential ...
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This chapter first examines the history of Burakumin activism to combat discrimination against them based on their former outcaste status, which by the 1970s had established them as an influential group that had secured some successes. However, social discrimination against Burakumin persisted, and Burakumin activists explored different ways to fight it. Global human rights emerged as a prominent source of legitimacy for their activism and they began engaging with international human rights institutions. Initially intended to advance their own issues, their international engagement developed into a new pillar for their activism that focused on protecting minority rights across the globe, resulting in the establishment of a new international NGO with a UN consultative status, the International Movement against All Forms of Discrimination and Racism (IMADR). Through IMADR, they expanded global human rights by establishing a new rights norm against discrimination based on descent and work.Less
This chapter first examines the history of Burakumin activism to combat discrimination against them based on their former outcaste status, which by the 1970s had established them as an influential group that had secured some successes. However, social discrimination against Burakumin persisted, and Burakumin activists explored different ways to fight it. Global human rights emerged as a prominent source of legitimacy for their activism and they began engaging with international human rights institutions. Initially intended to advance their own issues, their international engagement developed into a new pillar for their activism that focused on protecting minority rights across the globe, resulting in the establishment of a new international NGO with a UN consultative status, the International Movement against All Forms of Discrimination and Racism (IMADR). Through IMADR, they expanded global human rights by establishing a new rights norm against discrimination based on descent and work.
Federico Lenzerini
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199664283
- eISBN:
- 9780191748479
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199664283.003.0003
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter offers a comprehensive assessment of international practice—at both the ‘universal’ and regional level—confirming that today the cultural element represents a decisive factor in the ...
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This chapter offers a comprehensive assessment of international practice—at both the ‘universal’ and regional level—confirming that today the cultural element represents a decisive factor in the context of the interpretation, adjudication, and enforcement of human rights standards. The crucial feature of relevant jurisprudence and other pertinent practice rests in the consideration of the cultural element as the parameter to be used in order to establish whether a human rights breach attained a specially qualified degree of gravity, or even—in many instances— whether such a breach did take place or not. Such an approach covers virtually all human rights standards, including the most fundamental ones. The said practice shows that the process of culturalization of human rights is today a reality determining the scope and content of international human rights law.Less
This chapter offers a comprehensive assessment of international practice—at both the ‘universal’ and regional level—confirming that today the cultural element represents a decisive factor in the context of the interpretation, adjudication, and enforcement of human rights standards. The crucial feature of relevant jurisprudence and other pertinent practice rests in the consideration of the cultural element as the parameter to be used in order to establish whether a human rights breach attained a specially qualified degree of gravity, or even—in many instances— whether such a breach did take place or not. Such an approach covers virtually all human rights standards, including the most fundamental ones. The said practice shows that the process of culturalization of human rights is today a reality determining the scope and content of international human rights law.
Brian Purnell
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780813141824
- eISBN:
- 9780813142609
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813141824.003.0007
- Subject:
- History, African-American History
Black workers could not gain membership in construction unions, and therefore could not find employment in this growing sector of the local economy. Brooklyn CORE, along with a coalition of black ...
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Black workers could not gain membership in construction unions, and therefore could not find employment in this growing sector of the local economy. Brooklyn CORE, along with a coalition of black ministers from Brooklyn, led a six-week protest campaign at the worksite of the Downstate Medical Center, a state funded construction project. Over 1,000 arrests made this the most significant Civil Rights protest sight in New York City during the long hot summer of 1963. However, threats of violence from people unaffiliated with CORE or the ministers brought a premature end to the campaign.Less
Black workers could not gain membership in construction unions, and therefore could not find employment in this growing sector of the local economy. Brooklyn CORE, along with a coalition of black ministers from Brooklyn, led a six-week protest campaign at the worksite of the Downstate Medical Center, a state funded construction project. Over 1,000 arrests made this the most significant Civil Rights protest sight in New York City during the long hot summer of 1963. However, threats of violence from people unaffiliated with CORE or the ministers brought a premature end to the campaign.
David Goldberg
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781469633626
- eISBN:
- 9781469633633
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469633626.003.0008
- Subject:
- History, African-American History
This chapter looks at the Black experience in the FDNY during the last quarter of the 20th Century. During this period, the City, fire department, and the fire unions all vigorously resisted efforts ...
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This chapter looks at the Black experience in the FDNY during the last quarter of the 20th Century. During this period, the City, fire department, and the fire unions all vigorously resisted efforts by the Vulcan Society and the United Women Firefighters to address structural and institutional racism and sexism. Black representation, after growing slightly and then stalling in the mid 1980s, receded slowly and steadily as the century closed.Less
This chapter looks at the Black experience in the FDNY during the last quarter of the 20th Century. During this period, the City, fire department, and the fire unions all vigorously resisted efforts by the Vulcan Society and the United Women Firefighters to address structural and institutional racism and sexism. Black representation, after growing slightly and then stalling in the mid 1980s, receded slowly and steadily as the century closed.
Cathal Doyle
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0010
- Subject:
- Law, Human Rights and Immigration
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 ...
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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.Less
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.
Camille Walsh
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9781469638942
- eISBN:
- 9781469638959
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469638942.003.0008
- Subject:
- History, African-American History
Chapter Seven illustrates the culmination of the tendencies toward combining demands for recognition of class and race based discrimination in the early 1970s. Among a series of other similar cases, ...
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Chapter Seven illustrates the culmination of the tendencies toward combining demands for recognition of class and race based discrimination in the early 1970s. Among a series of other similar cases, San Antonio Independent School District v. Rodriguez is a pivotal "taxpayer" case that shut the door on meaningful legal remedies for school inequality. The Rodriguez claimants were low-income children and families of color whose school district was dramatically unequal in comparison to the local, wealthy, white school district in the city. The Court, however, treated the claims of race and class discrimination that the claimants put forward as separate, and ignored the race claim in order to focus on class alone, which they dismissed as a category not entitled to constitutional protection. This chapter argues that the result of Rodriguez was directly tied to the idea that tax status -- and therefore taxable wealth -- was legitimately tied to educational rights and equality. The Court's decision provided an anticommunist rationale for school property tax funding inequality by defending capitalism, economic privacy and local fiscal control against the intersectional claims of race and class inequality.Less
Chapter Seven illustrates the culmination of the tendencies toward combining demands for recognition of class and race based discrimination in the early 1970s. Among a series of other similar cases, San Antonio Independent School District v. Rodriguez is a pivotal "taxpayer" case that shut the door on meaningful legal remedies for school inequality. The Rodriguez claimants were low-income children and families of color whose school district was dramatically unequal in comparison to the local, wealthy, white school district in the city. The Court, however, treated the claims of race and class discrimination that the claimants put forward as separate, and ignored the race claim in order to focus on class alone, which they dismissed as a category not entitled to constitutional protection. This chapter argues that the result of Rodriguez was directly tied to the idea that tax status -- and therefore taxable wealth -- was legitimately tied to educational rights and equality. The Court's decision provided an anticommunist rationale for school property tax funding inequality by defending capitalism, economic privacy and local fiscal control against the intersectional claims of race and class inequality.