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Contents
- Preliminary Material
- Dedication
- Acknowledgements
- Contents
- Table of Cases
- International
- African Commission on Human and Peoples’ Rights
- Committee on the Elimination of Racial Discrimination (CERD)
- Committee against Torture
- European Commission on Human Rights
- European Committee on Social Rights
- European Court of Human Rights
- European Court of Justice
- ICCPR Human Rights Committee
- Inter-American Commission on Human Rights
- Inter-American Court of Human Rights
- International Court of Justice
- International Criminal Tribunal for Rwanda
- Permanent Court of International Justice
- National
- International
- Table of Legislation
- List of Abbreviations
- Main Text
- 1 Introduction
- 2 The Convention: Genesis and Background
- 3 Towards the Convention
- 4 The Convention and the Committee
- A Introduction
- B Travaux Préparatoires
- C Practice
- I The Committee
- II Reporting under Article 9
- III Follow-up to Concluding Observations
- IV Early Warning and Urgent Action
- V Sources of Information
- VI General Recommendations
- VII The Inter-State Dispute Procedure: Articles 11–13
- VIII The (Optional) Communications Procedure: Article 14
- IX Follow-up to Communications
- X Petitions from Inhabitants of Trust and non-Self-Governing Territories: Article 15
- D Comment
- 5 Title and Preamble
- 6 Article 1: Definition of Racial Discrimination
- 7 Article 1, Paragraphs 2 and 3: Discrimination and Non-Citizens
- 8 Article 2: Obligations to Eliminate Racial Discrimination
- A Introduction
- B Travaux Préparatoires
- C Practice
- I Reservations and Declarations
- II Guidelines
- III Convention Obligations and Domestic Law
- IV The Reach of the Convention
- V Chapeau: No Delay in Eliminating Racial Discrimination
- VI Article 2(1)(a) No Discrimination by the State, Public Authorities, Public Institutions
- VII Article 2(1)(b) Not to Sponsor, Defend or Support Racial Discrimination by any Persons or Organizations
- VIII Article 2(1)(c) Review Policy, Amend, Rescind, Nullify Discriminatory Laws and Regulations
- IX Article 2(1)(d) Prohibit and Bring to an End, by all Appropriate Means Including Legislation as Required by Circumstances, Racial Discrimination by any Persons, Group, or Organization
- X Persons, Group, or Organization…
- XI Article (1)(e) Encouragement of Integrationist Multiracial Organizations and Movements and other Means of Eliminating Barriers Between Races—Discouraging Anything that Leads to Racial Division
- D Comment
- 9 Special Measures under the Convention: Definitions and Obligations
- 10 Article 3: Segregation and Apartheid
- 11 Article 4: Racist Hate Speech
- 12 Article 5: Introduction and Drafting
- 13 Article 5: Civil and Political Rights
- Chapeau: Prohibit and eliminate racial discrimination…guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law
- 5(a) Equal Treatment before Tribunals and all other Organs Administering Justice
- 5(b) The Right to Security of the Person and Protection by the State Against Violence or Bodily Harm, Whether Inflicted by Government Officials or by any Individual, Group, or Institution
- 5(c) Political Rights: Elections, Government, Public Affairs, Public Service
- Consultation and Consent
- Self-Determination
- 5(d) (Other) Civil Rights
- 5(d)(i) The Right to Freedom of Movement and Residence Within the Border of the State
- 5(d)(ii) The Right to Leave any Country, Including One’s Own, and to Return to One’s Country
- 5(d)(iii) The Right to Nationality
- 5(d)(iv) The Right to Marriage and Choice of Spouse
- 5(d)(v) The Right to Own Property Alone or in Association with Others
- 5(d)(vi) The Right to Inherit
- 5(d)(vii) The Right to Freedom of Thought, Conscience, and Religion
- 5(d)(viii) The Right to Freedom of Opinion and Expression
- 5(d)(ix) The Right to Freedom of Peaceful Assembly and Association
- 14 Article 5: Economic, Social, and Cultural Rights
- 5(e)(i) The Rights to Work, to Free Choice of Employment, to Just and Favourable Conditions of Work, to Protection Against Unemployment, to Equal Pay for Equal Work, to Just and Favourable Remuneration
- 5(e)(ii) The Right to Form and Join Trade Unions
- 5(e)(iii) The Right to Housing
- 5(e)(iv) The Right to Public Health, Medical Care, Social Security, and Social Services
- 5(e)(v) The Right to Education and Training
- 5(e)(vi) The Right to Equal Participation in Cultural Activities
- 5(f) Access to Public Places and Services
- Coda
- 15 Article 5: Comment and Conclusions
- 16 Article 6: Remedies for Racial Discrimination
- Preliminary Material
- A Introduction
- B Travaux Préparatoires
- C Practice
- I Reservations and Declarations
- II Guidelines
- III Everyone Within their Jurisdiction/Effective Protection and Remedies
- IV Duty of Effective Investigation
- V The Expediency Principle
- VI On Civil and Criminal Law
- VII Traditional Mechanisms of Justice
- VIII ‘Acts’ of Discrimination
- IX Compensation: Must Be Considered
- X Reparation and Satisfaction: Article 14
- XI Individual and Collective Dimensions
- XII Rights
- D Comment
- 17 Article 7: The Role of Education in Combating Racial Discrimination
- 18 Article 20: Reservations
- 19 Article 22: Role of the International Court of Justice
- 20 The Convention on the Elimination of All Forms of Racial Discrimination: A Summary Reflection
- Further Material
- Appendix International Convention on the Elimination of All Forms of Racial Discrimination: Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965 entry into force 4 January 1969, in accordance with Article 19
- Select Bibliography
- Index of Names
- Subject Index