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

15 Article 5: Comment and Conclusions

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

Subject(s):
Ethnicity — Gender — Minorities — Race

This chapter reflects on the evidences of discrimination highlighted in chapters 12 and 13. It comments critically on the interpretation of Article 5, taking its travaux, text, and the archive of CERD practice as the starting points. The practice generated by Article 5 presents a complex profile of racial discrimination, illustrating multiple forms and contexts of discrimination and denials of equality, their institutional settings, and contemporary targets. The abstract grounds of discrimination on Article 1, in practice undiminished in scope under Article 5, metamorphose into human form in the complex, interlocking narratives that characterize global practice in the vindication and denial of rights. Ethnic minorities, indigenous peoples, Afro-descendants, caste groups, multiple categories of non-citizens, groups and persons identified through intersectionalities, particularly women and religious groups, bear the brunt of discrimination, as evidenced in the melancholy record of ‘concerns’ over rights and their violations that populate the archives of Article 5.

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