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

12 Article 5: Introduction and Drafting

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: 06 July 2020

Ethnicity — Minorities — Race

This chapter provides a short introduction to Article 5, its travaux, and reservations thereto. Article 5 incorporates on a complex obligation to prohibit and eliminate all forms of racial discrimination, and to guarantee equality before the law on a non-discriminatory basis. The equality guarantee applies to the enjoyment of an extensive, unclosed list of rights—‘notably in the enjoyment of the following rights’—so that other, unnamed rights are also subject to its protection. The explicit naming of rights in Article 5 is unique in the Convention. Whereas the preamble and other articles refer generically to human rights, rights and freedoms, or human rights and fundamental freedoms, Article 5 draws out the implications of the reference to rights and freedoms in Article 1, and is expressly linked to Article 2.

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