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

7 Article 1, Paragraphs 2 and 3: Discrimination and Non-Citizens

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: 01 April 2020

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

This chapter discusses the limitations on the reach of the definition in paragraphs 2 and 3 of Article I. It notes that the definition of discrimination in ICERD appears to be significantly narrowed by the two paragraphs, which, like Article 1(1), apply to the Convention as a whole. Taken at face value, the language of the two paragraphs appears to undermine the universalist ambition of a text. However, despite the apparent limitations placed by the text of the Convention on concern for non-citizens, there is little appreciable difference between their treatment and the treatment of other groups by the Committee as victims of discrimination. Practice with respect to non-citizens encompasses all the rights listed or implied in the Convention.

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