Declaration on the Elimination of All Forms of Racial Discrimination

Last updated

The Declaration on the Elimination of All Forms of Racial Discrimination is a human rights proclamation issued by the United Nations General Assembly, outlining that body's views on racism. It was adopted by the General Assembly on 20 November 1963. [1] The Declaration was an important precursor to the legally binding Convention on the Elimination of All Forms of Racial Discrimination.

Contents

Summary

The Declaration follows the structure of the Universal Declaration of Human Rights, with a preamble followed by eleven articles.

Article 1 declares that discrimination on the basis of race, colour or ethnicity is "an offence to human dignity" and condemns it as a violation of the principles underlying the United Nations Charter, a violation of human rights and a threat to peace and security. [2]

Article 2 calls on states, institutions, groups and individuals not to discriminate on the basis of race in human rights. It calls on states to end support for discrimination, and to take affirmative action where necessary to correct it.

Article 3 calls for particular efforts to end racial discrimination in civil rights, housing, employment, education, and calls for everyone to have free access to public places and services regardless of race.

Article 4 calls on states to review policies and repeal laws which discriminate on the basis of race.

Article 5 calls for an end to racial segregation and apartheid.

Article 6 calls for an end to racial discrimination in political rights, in particular the right to vote and stand for public office.

Article 7 declares that everyone has the right to equality before the law and to equal justice before the law regardless of race. It calls for everyone to have an effective remedy, enforceable through the courts, for harm suffered through racial discrimination.

Article 8 calls for education to promote tolerance and racial understanding.

Article 9 condemns propaganda and organisations based on the idea of racial supremacism. It calls for incitements to racial violence, or hate speech to be criminalised, and for racist organisations to be outlawed.

Article 10 calls on the United Nations to study the causes of racial discrimination so as to better combat it.

Article 11 calls on every state to promote respect of fundamental human rights and the principles of this declaration and the Universal Declaration of Human Rights (UDHR).

As a declaration rather than a treaty, the document is non-binding.

See also

Related Research Articles

Discrimination Prejudicial treatment based on membership in a certain group

Discrimination is the act of making unjustified distinctions between human beings based on the groups, classes, or other categories to which they are perceived to belong. People may be discriminated on the basis of race, gender, age or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group.

Human rights Inalienable fundamental rights to which a person is inherently entitled

Human rights are moral principles or norms that describe certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.

Universal Declaration of Human Rights Declaration adopted in 1948 by the United Nations General Assembly

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. It was accepted by the General Assembly as Resolution 217 at its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

A United Nations General Assembly Resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly.

International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.

United Nations General Assembly Resolution 3379, adopted on 10 November 1975 by a vote of 72 to 35, "determine[d] that Zionism is a form of racism and racial discrimination". The vote took place approximately one year after UNGA 3237 granted the PLO Permanent Observer status, following PLO president Yasser Arafat's "olive branch" speech to the General Assembly in November 1974. The resolution was passed with the support of the Soviet bloc, in addition to the Arab- and Muslim-majority countries, many African countries, and a few others.

Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.

Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

The Vienna Declaration and Programme of Action, also known as VDPA, is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Rights was recommended by this Declaration and subsequently created by General Assembly Resolution 48/121.

Cairo Declaration on Human Rights in Islam

The Cairo Declaration on Human Rights in Islam (CDHRI) is a declaration of the member states of the Organisation of Islamic Cooperation (OIC) adopted in Cairo, Egypt, on 5 August 1990, which provides an overview on the Islamic perspective on human rights, and affirms Islamic sharia as its sole source. CDHRI declares its purpose to be "general guidance for Member States [of the OIC] in the field of human rights".

The article describes the state of race relations and racism in a number of countries.

The right to freedom from discrimination is internationally recognised as a human right and enshrines the principle of egalitarianism. The right to freedom from discrimination is recognised in the Universal Declaration of Human Rights and enshrined in international human rights law through its inclusion in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The Declaration on the Elimination of Discrimination against Women is a human rights proclamation issued by the United Nations General Assembly, outlining that body's views on women's rights. It was adopted by the General Assembly on 7 November 1967. The Declaration was an important precursor to the legally binding 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It was drafted by the Commission on the Status of Women in 1967.

The Brazilian resolution was presented to the Economic and Social Council of the United Nations in 2003. The resolution covered human rights and sexual orientation. E/CN.4/2003/L.92* It came under the Commission on Human Rights, fifty-ninth session, item 17 on the agenda.

Yogyakarta Principles document about human rights in the areas of sexual orientation and gender identity

The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity, published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. The Principles were supplemented in 2017, expanding to include new grounds of gender expression and sex characteristics, and a number of new principles.

The Declaration of Human Duties and Responsibilities (DHDR) was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the UN High Commissioner of Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal Declaration of Human Rights"(UDHR) in the city of Valencia. Therefore, it is also known as the Valencia Declaration.

The Declaration of Principles on Equality reflects a moral and professional consensus among human rights and equality experts done in December 2008. It contains 27 principles that establish a new paradigm on equality, drawing on established and emerging principles of international law. It has been described by the High Court of Delhi as reflecting the ‘current international understanding of Principles on Equality.’

The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. In specific, it relates to the human rights of people of diverse sexual orientations, including lesbian, gay, bisexual and transgender (LGBT) people, and the protection of those rights, although it is equally applicable to heterosexuality. The right to sexuality and freedom from discrimination on the grounds of sexual orientation is based on the universality of human rights and the inalienable nature of rights belonging to every person by virtue of being human.

International Convention on the Elimination of All Forms of Racial Discrimination United Nations convention and human rights instrument

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to outlaw hate speech and criminalize membership in racist organizations.

Online hate speech is a type of speech that takes place online with the purpose of attacking a person or a group based on their race, religion, ethnic origin, sexual orientation, disability, or gender.

References

  1. United Nations General Assembly Resolution 1904 (XVIII), November 20, 1963.
  2. Declaration on the Elimination of All Forms of Racial Discrimination, Article 1.