Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
individuals ... 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 [that they do not] 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” (art. 1(4); emphasis added).54
The States parties to the Convention “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” (art.
2(1)). To this end, they undertake, in particular,
v “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” – art.
2(1)(a);
v “not to sponsor, defend or support racial discrimination by any persons or
organizations” – art. 2(1)(b);
v to “take effective measures to review” public policies at all levels and to amend
legislation which has “the effect of creating or perpetuating racial discrimination
wherever it exists” – art. 2(1)(c);
v to “prohibit and bring to an end, by all appropriate means, ... racial discrimination by
any persons, group or organization” – art. 2(1)(d);
v “to encourage, where appropriate, integrationist multiracial organizations and
movements and other means of eliminating barriers between races, and to
discourage anything which tends to strengthen racial division” – art. 2(1)(e).
The States parties shall further “assure to everyone within their jurisdiction
effective protection and remedies” against acts violating a person’s human rights
contrary to the Convention, as well as the right to seek from domestic tribunals “just
and adequate reparation or satisfaction for any damage suffered as a result of such
discrimination” (art. 6).
Lastly, they undertake, in particular, “to adopt immediate and effective
measures, particularly in the fields of teaching, education, culture and information, with
a view to combating prejudices which lead to racial discrimination...” (art. 7).
2.5.2 The field of non-discrimination protected
The States parties undertake not only to prohibit and eliminate racial
discrimination, but also “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” (art. 5):
v the right to equal treatment before the tribunals and all other organs administering
justice – art. 5(a);
v the right to security of person – art. 5(b);
54 For the reporting obligations of the States parties under these provisions, see General Recommendation XXIV concerning
article 1 of the Convention, in UN doc. GAOR, A/54/18, Annex V, p. 103.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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