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Part 3 Trends in Decision and Conditioning Factors: Claims Relating to Respect, Nine Claims Relating to Racial Discrimination

From: Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (2nd Edition)

Myres S. McDougal, Harold D. Lasswell, Lung-chu Chen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 July 2021


This chapter considers claims relating to racial discrimination. It begins with a factual background on the issue of race and racial discrimination, and more specifically the value deprivations, both historical and continuing, imposed through “racial” discrimination and its equivalences. It then examines basic community policies that honor shared respect, which in turn requires nondiscrimination for reasons irrelevant to potentialities and is a fundamental component in any rational conception of human dignity. It also discusses the emergence of the more general norm of nondiscrimination, with particular emphasis on various prescriptions against racial discrimination articulated by international instruments such as the United Nations Charter, the Universal Declaration of Human Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination, as well as special national legislation aimed at preventing and eradicating racial discrimination (for example, the United States's Civil Rights Act of 1964).

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