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

16 Article 6: Remedies for Racial Discrimination

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

Ethnicity — Minorities — Race — Human rights remedies

This chapter cites Article 6 and other international instruments in articulating the right to remedy and protection in cases of discrimination. The corpus of international human rights law contains an abundance of ‘primary rules’ pertaining to these issues, including those in Article 6 of ICERD. The article insinuates that remedial justice processes have a vital role to play in buttressing and securing the human rights of threatened individuals and groups. Justice processes also have educational and expressive functions in demonstrating the commitment of States to treating racial discrimination as a reprehensible, socially disruptive phenomenon, thoroughly deserving of condemnation. Furthermore, the reparatory aspect of Article 6 is important in symbolizing dedication to the ‘repair’ of individuals and communities damaged by racial discrimination, the recognition of their dignity, and the formal restatement of their entitlement to the effective enjoyment of human rights.

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