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The International Convention on the Elimination of All Forms of Racial Discrimination - A Commentary by Thornberry, Patrick (14th July 2016)

10 Article 3: Segregation and Apartheid

From: The International Convention on the Elimination of All Forms of Racial Discrimination: A Commentary

Patrick Thornberry

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 05 July 2020

Equality before the law — Ethnicity — Minorities — Race — Apartheid

This chapter looks at the provisions of Article 3, which condemns racial segregation and apartheid. In light of its emergence from a matrix of argument regarding equality and discrimination, segregation has essentially been regarded as a concentrated form of discrimination through exclusion and the implicit or explicit ranking of populations. Apartheid represents a further concentration of the segregation phenomenon, possessing additional characteristics in terms of domination, imposition of hierarchy, assignment of racial identity by fiat, all holistically integrated into a determinate public policy. While segregation is the broader concept, neither it nor apartheid is defined in the Convention. These provisions also deliver a short lesson in the history and ethics of the Convention.

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