EN
FR
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UKInternational Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
I. Introduction🔗
The prohibition against racial discrimination is fundamental and deeply entrenched in international law. It has been recognized as having the exceptional character of jus cogens which creates obligations erga omnes, an obligation from which no derogation is acceptable.
Gay McDougall, CERD Vice-Chair (2018-19)1
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) ‘is the centerpiece of the international regime for the protection and enforcement of the right against racial discrimination’. It was adopted in the 1965 and entered into force in 1969.2 The Committee on the Elimination of Racial Discrimination (CERD) monitors States’ compliance with the treaty.3
I.1 CRSV under the ICERD🔗
Under article 1, ‘racial discrimination’ means ‘any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin’ which denies the recognition or exercise, on an equal footing, of human rights and fundamental freedoms in any field of public life.
In some cases, racial discrimination ‘only or primarily affects women, or affects women in a different way, or to a different degree than men’. It ‘may be directed towards women specifically because of their gender’ and encompasses ‘sexual violence committed against women members of particular racial or ethnic groups in detention or during armed conflict’. Racial discrimination may have consequences that affect only or primarily women, ‘such as pregnancy resulting from racial bias-motivated rape’.4 Importantly, ‘women from minority backgrounds and immigrant women remain more likely to experience violence than women in the general population’.5
However, sexual violence, as prohibited under the ICERD, does not affect only women, as the CERD has more recently emphasised (see obligation III.6).
Sexual violence need not be conflict-related for the ICERD to apply. While armed conflict may severely restrict a State’s control over parts of its territory and, as a result, limit a State’s ability to ensure the full application of the ICERD, the ICERD remains applicable. A State still ‘bears the primary responsibility to protect all persons on its territory without discrimination in accordance with the Convention’ during conflict.6
II. Legal Framework🔗
- International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
- Committee on the Elimination of All Forms of Racial Discrimination:
- General Recommendations
- Concluding Observations
III. Obligations🔗
Prevention🔗
III.1 States must criminalise CRSV🔗
Under article 2(1), States Parties must ‘condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms’.
Under article 4(a), States must criminalise:
- All acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin; and
- The provision of any assistance to racist activities, including their financing.
Criminalising racial discrimination in all its forms is an important step in ending CRSV. Criminalisation is also required by article 5(b), which enshrines a person’s right to security and protection by the State against violence or bodily harm, ‘whether inflicted by government officials or by any individual group or institution’.
To criminalise racial discrimination effectively, a State should:
- Introduce a comprehensive definition of racial discrimination in its legislation, including all acts of direct and indirect discrimination;7
- Define racist motivation as an aggravating circumstance that will result in ‘a penalty enhancement for crimes committed as a result of racial bias’;
- Adopt legislation prohibiting the dissemination of ideas based on racial or ethnic superiority and expressions of racial hatred, ‘as well as incitement to racial discrimination and violence against any group of persons of another ethnic group’;8
- Incorporate a gender perspective ‘into all policies and strategies for combating racial discrimination’ to address the multiple forms of discrimination to which women are subject;9
- Provide sufficient ‘human, material and technical’ resources for violence prevention and service programmes.10
In post-conflict processes, a State should prioritise integrating ‘the principles of equality and non-discrimination in all its initiatives and plans aimed at conflict resolution and peacebuilding’.11
Domestic legislation. Under article 2(1)(c), States must ‘review governmental, national and local policies, and amend, rescind or nullify any laws and regulations which create or perpetuate racial discrimination wherever it exists.
States should ‘ensure that existing laws and policies, including customary laws, are in line with the Convention’,12 and fully incorporate the ICERD into their domestic legal order, guaranteeing ‘that it takes precedence over domestic legislation in case of conflict’.13
Reservations. Under article 20(2), a reservation incompatible with the object and purpose of the Convention is not permitted.
III.2 States’ obligations under the ICERD must be fulfilled both within and outside their territory🔗
States’ obligations under the ICERD must be fulfilled both within and outside their territory: States’ jurisdiction, rather than their territory, determines whether the ICERD is applicable.14
III.3 States must address CRSV committed by non-State actors🔗
Under article 2(1), a State Party ‘undertakes not to sponsor, defend or support racial discrimination by any persons or organizations’, and must ‘prohibit and bring to an end’ racial discrimination by any persons, group or organization’.
Under article 4, States Parties must declare illegal and prohibit organizations and organised propaganda activities ‘which promote and incite racial discrimination’, and must recognise participation in such organisations or activities ‘as an offence punishable by law’.
Under article 5(b), a State must ensure a person’s right to security and protection against violence or bodily harm inflicted by ‘any individual group or institution’.
III.4 Decentralisation of power does not negate or reduce States’ obligations under the ICERD🔗
States should ensure ‘that the scope of antidiscrimination legislation covers all forms of racial discrimination, including direct, indirect and intersectional forms of discrimination’ at the federal, state and municipal levels in a consistent manner.15
III.5 States should allow individuals who face racial discrimination to participate in the eradication of CRSV🔗
Under article 5(c), States must undertake ‘to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law’, notably in the enjoyment of political rights, in particular the right to take part in Government ‘as well as in the conduct of public affairs at any level’. States should:
- Address the root causes of violence against persons experiencing racial discrimination in full consultation with them;
- Take protection measures with the involvement of persons facing racial discrimination, ‘taking into account their customs and culture’ where appropriate;16
- Involve persons facing racial discrimination, especially women, in peace and post-conflict processes in a culturally-sensitive manner;17
- Promote fair and equitable representation of minority groups in national and local governments’ functions, public services, the army and the police and other law enforcement institutions,18 ‘particularly at high-level positions, including through the establishment of special measures such as quotas where appropriate, as is consistent with the Convention and the Committee’s general recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination‘.19
III.6 Special protection against CRSV is owed to individuals facing multiple, intersecting forms of discrimination🔗
Under article 2(2), States Parties must, when necessary, ensure the adequate development and protection of certain racial groups or individuals belonging to them. When implementing the Convention, States should be particularly mindful of such groups and their needs. They encompass Indigenous peoples,20 ‘communities of African descent’21 and all other persons experiencing racial discrimination who may face multiple,22 ‘intersectional forms of discrimination’,23 including women,24 children,25 persons with disabilities and/or who identify as LGBTQI+,26 persons living with HIV, migrants27 and persons living in rural areas,28 among others.
III.7 Special protection against CRSV is owed to migrants🔗
Under article 5, States should protect migrants, in particular refugees and asylum seekers, from all forms of violence.29 They should:
- Extend the area set aside for refugee camps ‘in order to reduce overcrowding and the lack of privacy, which can lead to sexual violence and child abuse’;30
- ‘To avert risks to health and security and possible incidents of sexual and gender-related violence’, strengthen the psychological support offered and identify the specific needs of persons located in migrant holding centres, ‘especially single women and single mothers’,31 ‘victims of torture, trafficking and sexual and gender-based violence’32 and ‘unaccompanied and separated minors’. States should establish ‘gender-appropriate, culturally sensitive and age-sensitive individual screening and assessment procedures to ensure the rapid and appropriate identification of international protection needs or situations of vulnerability’;33
- Provide migrants in migrant holding centres with access to medical care, interpreters, adequate food and social support. States should develop ‘a solid guardianship system and appoint qualified guardians to unaccompanied children’;
- Safeguard ‘the physical integrity of migrants and asylum seekers’, provide them with the assistance of lawyers and independent monitors, and ensure that law enforcement officers are guided ‘by the principle of the minimum use of force when fingerprinting them’;34
- Ensure that labour laws and policies ‘are regularly enforced, without exception, to protect foreign domestic workers from abuse and exploitation, from the moment of their recruitment until their return to their country of origin’.35
Non-refoulement. States should ‘expedite the processing of asylum applications’36 and strictly observe the principle of non-refoulement. They should amend expulsion procedures to ensure that no individual is expelled without an individualised assessment ‘that the person will not be at risk of serious human rights violations upon return’,37 and that refugees ‘are not relocated to third countries without their consent’.38 It should be possible ‘to appeal against expulsion decisions’.39
Birth registration. Persons, particularly children, who are unregistered run the risk of ‘having no access to a range of social benefits’. States should ensure the proper registration of the births of children ‘of parents of foreign origin’, including refugees and asylum seekers, regardless of their nationality and residence status, and provide them with the necessary identity documentation.40
III.8 States must educate their population on CRSV🔗
Under article 2(1), States undertake to pursue a policy of eliminating racial discrimination and promoting understanding among all races. Under article 7, States ‘undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination’.
States should promote ‘understanding, tolerance and friendship among nations and racial or ethnical groups’, and propagate ‘the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and the Convention’.
States should:
- Promote tolerance, intercultural dialogue and respect for diversity, ‘with a view to protecting the historic diversity of languages, religions, ethnicities and cultures’;41
- Carry out public awareness-raising campaigns ‘on respect for diversity and the elimination of racial discrimination’;42
- Undertake information campaigns ‘among the population, in particular of persons belonging to minority groups’,43 including migrants,44 ‘about the mechanisms and procedures provided for in national legislation on racism and discrimination’,45 particularly ‘on the prohibition and negative effects of gender-based violence’ and the remedies available.46 States should make educational material ‘available in a variety of languages’;47
- Ensure that their periodic reports to the Committee under article 9 are made readily available to the general public ‘as soon as they are submitted’. States should publicise reports and the Committee’s concluding observations with respect to these reports ‘in the official and other commonly used languages, as appropriate’.48
Training. ‘To ensure that State forces and groups under its control do not perpetrate sexual violence’,49 States should ‘take preventive measures such as police training and public education campaigns on the criminal nature’ of CRSV.50
Training ‘on the provisions of the Convention’51 should be culturally-sensitive52 and provided to all ‘working within the criminal justice system, including police officers, lawyers, prosecutors and judges, and medical personnel’,53 ‘border and security guards’ (to better identify and assist victims of trafficking),54 labour inspectors and teachers.55
III.9 States should collaborate with other actors to eliminate CRSV🔗
In the discharge of their obligations under the Convention, States should collaborate with other actors at the national and international levels.
Civil society. States should consult and expand their dialogue with civil society organisations working on human rights protection, ‘in particular those combating racial discrimination’. Human rights defenders and journalists play an important role in the eradication of racial discrimination in all its forms and are often, as a result, ‘subject to harassment, arbitrary detention and ill-treatment’, including by the police.56 States should:
- ‘Adopt effective and timely measures to prevent acts of harassment, intimidation, retaliation and violence’;57
- Prevent and put a stop ‘to all forms of excessive use of force by State officials’;
- Widen the legal space ‘for the exercise of political and civil rights, including by political opponents’;58
- Conduct campaigns to provide information and raise awareness ‘about the crucial work performed by human rights defenders’ to foster a climate of tolerance in which they can carry out their work ‘free of any type of intimidation, threats or retaliation’.59
International actors. With regard to migrants and victims/survivors of trafficking, States should:
- Collaborate with the Office of the United Nations High Commissioner for Refugees, the Office of the United Nations High Commissioner for Human Rights and the International Labour Organization;60
- ‘Step up international, regional and bilateral cooperation, including by exchanging information and harmonizing procedures, to prevent and combat trafficking in persons’.61
III.10 States should establish national human rights mechanisms to help them eliminate CRSV🔗
States should establish national human rights mechanisms to help them discharge their obligations under the Convention.62 Further, they should guarantee that such mechanisms are fully independent, provided with the resources necessary for the effective exercise of their mandate and are compliant ‘with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles)’.63
III.11 States should ratify other instruments of international law to eliminate CRSV🔗
To eliminate racial discrimination effectively, States should ratify, among others:
- International human rights instruments ‘that relate directly to racial discrimination’, such as the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169);64
- The Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;65
- The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;66
- The International Convention for the Protection of All Persons from Enforced Disappearance;
- The Convention on the Rights of the Child and its Optional Protocol on a Communications Procedure;
- The Convention on the Rights of Persons with Disabilities and its Optional Protocol;
- The International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and their Optional Protocols;67
- The International Labour Organization Domestic Workers Convention, 2011 (No. 189);68
- The Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance, where applicable.69
III.12 States should report on the measures adopted to eliminate CRSV to the Committee🔗
Under article 9, States Parties undertake to submit to the Committee a report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the Convention within one year after the entry into force of the Convention and thereafter ‘every two years and whenever the Committee so requests’.
For their reports, States should:
- Collect and publicise reliable statistical data on the ethnic composition of their population and on the social and economic situation of the different ethnic groups, disaggregated by areas where minority groups live in substantial numbers and covering the whole territory of the State Party. ;70
- Undertake focused research on the ethno-racial dimension of gender-based discrimination in the State Party, ‘and on plans and programmes where special measures may be appropriate’.71 States should describe, in quantitative and qualitative terms, factors affecting and difficulties experienced in ensuring women their rights under the Convention. Data disaggregated by race and gender allows States and the Committee ‘to identify, compare and take steps to remedy forms of racial discrimination against women that may otherwise go unnoticed and unaddressed’;72
- Include information on the results of measures taken to combat sexual violence, the number of victims, perpetrators, convictions, and the types of sanctions imposed,73 ‘while respecting standards of confidentiality, anonymity and protection of personal data’.74 States should also include information on the progress ‘made in respect of specialized courts for hearing cases involving women’s issues and domestic violence’;75
- Provide disaggregated data on the percentages of budgets allocated for the eradication of racial discrimination and the implementation of the rights guaranteed by the Convention.76
Underlying causes of conflict. States should examine the underlying causes of conflicts that have a strong ethnic discriminatory component and, based on this examination, develop and implement an action plan to put an end to the conflict, in consultation with the parties concerned.77
Justice and Accountability🔗
III.13 States must investigate and prosecute CRSV🔗
Under article 6, States Parties must assure to everyone within their jurisdiction ‘effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination’. In particular, States should:
- Establish a comprehensive, effective and independent complaints mechanism for racial discrimination;78
- Ensure that racist hate crime is properly recorded, ‘including by providing clear guidelines on the recording of the crime’;79
- Independently, promptly and thoroughly investigate reports of rape and sexual violence, and prosecute and appropriately punish perpetrators80 ‘with sanctions commensurate with the gravity of their crime’;81
- Sanction anyone preventing or discouraging victims/survivors ‘from reporting such incidents, including police and other law enforcement officers’;
- Adopt victim-sensitive rules of evidence and establish ‘special court chambers and task forces to address these problems’;82
- Courts should be provided ‘with the resources necessary’ and be able ‘to investigate past and ongoing serious human rights violations’ in conflict situations;83
- Ensure the availability of trained and qualified interpreters to assist linguistic minorities;84
- Facilitate other entities’ investigative endeavours.85 This is relevant as regards lack of coordination between ordinary and Indigenous justice systems, which is an obstacle to access to justice for Indigenous persons, in particular Indigenous women ‘who are victims of gender-based violence’. States should continue making efforts to recognise, respect and strengthen Indigenous justice system, in line with international human rights law, ‘including through harmonization, cooperation and coordination’ involving the authorities of the ordinary and Indigenous systems of justice ‘at both the local and the federal levels’.86 Where appropriate, Indigenous tribes should have full jurisdiction over non-Indigenous perpetrators.87
Judges. The independence of the judiciary is essential in cases relating to racial discrimination. States should ‘strengthen and guarantee the independence of the judiciary from political control and interference’.88 To this end, States should halt ‘the application of military law’.89
III.14 States must provide victims/survivors of CRSV with access to justice🔗
Under article 5(a), victims/survivors of racial discrimination have a right ‘to equal treatment before the tribunals and all other organs administering justice’. Yet, the existence of some laws, practices and measures prevents that from happening.
Obstacles to justice that States should review and, if necessary, repeal include:
- General amnesty for perpetrators of serious human rights violations committed during conflicts;90
- Laws that make it difficult for foreign women suffering domestic violence ‘to access complaints mechanisms and protection services’91 ‘for fear of being expelled from the territory of the State party’92 after their case is closed. This discourages them from reporting abuse and forces ‘women victims of domestic violence to remain in abusive relationships’.93 States should grant undocumented migrants who have been victims of gender-based violence ‘the possibility to reside in the country after their case has been closed’.94 ‘Women victims of violence should be guaranteed a legal stay in the State party until they recover and have the option to remain in the country if they so wish’;95
- Laws that criminalise homelessness, which disproportionately affect a ‘high number of persons belonging to racial and ethnic minorities’, ‘including women and lesbian, gay, bisexual and transgender persons’. States should abolish laws and policies that criminalise homelessness, and offer incentives to state and local authorities to do the same;96
- The use by the judiciary in cases of racial discrimination of ‘different standards based on the alleged perpetrator’s ethnic or national origin’.97
Humanitarian Response🔗
III.15 States must provide victims/survivors of CRSV with appropriate care🔗
Under article 5(e)(iv), victims/survivors of racial discrimination have a right ‘to public health, medical care, social security and social services’. States should:
- Provide material,98 legal, medical and psychological assistance, and other support, to victims/survivors (including undocumented immigrants and immigrants).99 Victims/survivors of human trafficking should be granted ‘a stable residence status and basic livelihood at least until the end of the remedial process’;100
- Set up and adequately fund ‘prevention and early assistance centres, counselling services and temporary shelters’;101
- Strengthen and expand existing services, ‘including shelters and counselling, for victims of gender-based violence’,102 so as to ensure their accessibility, and ‘increase the number of doctors and of functioning and properly equipped primary health centres and health sub-centres in tribal and rural areas’;103
- Ensure equal access to health care facilities and reproductive health services that are affordable,104 adequate and culturally relevant and accessible;105
- Improve access to maternal health care, family planning, pre- and post- natal care and emergency obstetric services;
- Facilitate access to adequate contraceptive and family planning methods.106 States should ensure that women and girls are consulted for the provision of such services;107
- Provide adequate sexual education aimed at the prevention of unintended pregnancies and sexually-transmitted infections;108
- Mitigate the risks faced by women seeking an abortion and by health providers assisting them, and ensure that they are not subjected to criminal penalties.109 States should ensure that legislation on abortion is consistent ‘with other human rights, such as women’s right to life and right to physical and mental health’,110 and that women ‘can access legal voluntary termination of pregnancy under safe and dignified conditions without harassment’.111
Reparations🔗
III.16 States must provide victims/survivors of CRSV with redress🔗
Under article 6, States must assure to everyone within their jurisdiction effective remedies, through competent national tribunals and other State institutions, against any acts of racial discrimination which violate their human rights and fundamental freedoms under the Convention, ‘as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination’.
Adequate reparation encompasses ‘restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition’,112 is ‘effective and timely’ and based on an ‘intercultural approach with a gender perspective’.113
Footnotes
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G McDougall, 'International Convention on the Elimination of All Forms of Racial Discrimination: Introductory Note' (UN Audiovisual Library of International Law, February 2021) <https://legal.un.org/avl/ha/cerd/cerd.html> accessed 2 March 2023.
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G McDougall, 'International Convention on the Elimination of All Forms of Racial Discrimination: Introductory Note' (UN Audiovisual Library of International Law, February 2021) <https://legal.un.org/avl/ha/cerd/cerd.html> accessed 2 March 2023.
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CERD, 'General Recommendation XXV on Gender-Related Dimensions of Racial Discrimination' (20 March 2000) paras 1-2.
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CERD, 'Concluding Observations on the Combined Twenty-First to Twenty-Third Periodic Reports of Iceland' (18 September 2019) UN Doc CERD/C/ISL/CO/21-23 para 21.
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CERD, 'Concluding Observations on the Combined Twenty-Second to Twenty-Fifth Periodic Reports of Iraq' (11 January 2019) UN Doc CERD/C/IRQ/CO/22-25 para 4.
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 12; ICERD, art 8.
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CERD, 'Concluding Observations on the Combined 20th to 22nd Periodic Reports of Ecuador, Adopted by the Committee at Its Eighty-First Session (6-31 August 2012)' (24 October 2012) UN Doc CERD/C/ECU/CO/20-22 para 23.
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CERD, 'Concluding Observations on the Combined Seventh to Ninth Periodic Reports of the United States of America' (25 September 2014) UN Doc CERD/C/USA/CO/7-9 para 19.
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 6.
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CERD, 'Concluding Observations on the Combined Tenth to Seventeenth Periodic Reports of Sri Lanka' (6 October 2016) UN Doc CERD/C/LKA/CO/10-17 para 11(b).
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CERD, 'Concluding Observations on the Combined Twenty-Second to Twenty-Fifth Periodic Reports of Iraq' (11 January 2019) UN Doc CERD/C/IRQ/CO/22-25 para 8.
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CERD, 'Concluding Observations on the Combined Fifth to Ninth Reports of Ireland' (23 January 2020) UN Doc CERD/C/IRL/CO/5-9 paras 47 and 48(d).
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 8(a); CERD, 'Concluding Observations on the Combined Tenth to Twelfth Reports of the United States of America' (21 September 2022) UN Doc CERD/C/USA/CO/10-12 para 36.
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of Colombia' (22 January 2020) UN Doc CERD/C/COL/CO/17-19 para 29(b).
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of Colombia' (22 January 2020) UN Doc CERD/C/COL/CO/17-19 para 15(a).
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CERD, 'Concluding Observations on the Combined Twenty-Third and Twenty-Fourth Periodic Reports of Norway' (2 January 2019) UN Doc CERD/C/NOR/CO/23-24 para 22(b).
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 18.
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 6.
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of Colombia' (22 January 2020) UN Doc CERD/C/COL/CO/17-19 para 31(a).
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 6.
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 6.
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CERD, 'Concluding Observations on the Combined 20th to 22nd Periodic Reports of Ecuador, Adopted by the Committee at Its Eighty-First Session (6-31 August 2012)' (24 October 2012) UN Doc CERD/C/ECU/CO/20-22 para 23.
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of Colombia' (22 January 2020) UN Doc CERD/C/COL/CO/17-19 para 13(c).
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 6.
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of Colombia' (22 January 2020) UN Doc CERD/C/COL/CO/17-19 para 10.
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of Colombia' (22 January 2020) UN Doc CERD/C/COL/CO/17-19 para 29(d).
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 20.
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CERD, 'Concluding Observations on the Eighteenth to Twentieth Periodic Reports of Rwanda' (10 June 2016) UN Doc CERD/C/RWA/CO/18-20 para 21(c).
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CERD, 'Concluding Observations on the Twenty-First to Twenty-Third Periodic Reports of Spain' (21 June 2016) UN Doc CERD/C/ESP/CO/21-23 para 22.
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CERD, 'Concluding Observations on the Combined Nineteenth and Twentieth Periodic Reports of Italy' (17 February 2017) CERD/C/ITA/CO/19-20 para 19(e).
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CERD, 'Concluding Observations on the Combined Ninth and Tenth Periodic Reports of Lithuania' (7 June 2019) UN Doc CERD/C/LTU/CO/9-10 para 22.
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CERD, 'Concluding Observations on the Combined Nineteenth and Twentieth Periodic Reports of Italy' (17 February 2017) CERD/C/ITA/CO/19-20 para 20(f).
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Jordan' (26 December 2017) UN Doc CERD/C/JOR/CO/18-20 para 21(a).
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CERD, 'Concluding Observations on the Combined Initial and Second Periodic Reports of Djibouti' (15 September 2017) UN Doc CERD/C/DJI/CO/1-2 para 23.
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CERD, 'Concluding Observations on the Combined Nineteenth and Twentieth Periodic Reports of Italy' (17 February 2017) CERD/C/ITA/CO/19-20 para 20(g).
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ERD, 'Concluding Observations on the Eighteenth to Twentieth Periodic Reports of Rwanda' (10 June 2016) UN Doc CERD/C/RWA/CO/18-20 para 21(a).
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CERD, 'Concluding Observations on the Combined Initial and Second Periodic Reports of Djibouti' (15 September 2017) UN Doc CERD/C/DJI/CO/1-2 para 23.
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Jordan' (26 December 2017) UN Doc CERD/C/JOR/CO/18-20 para 17(f); CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of the Republic of Korea' (10 January 2019) UN Doc CERD/C/KOR/CO/17-19 para 27.
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CERD, 'Concluding Observations on the Combined Twenty-Second to Twenty-Fifth Periodic Reports of Iraq' (11 January 2019) UN Doc CERD/C/IRQ/CO/22-25 para 18(b).
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of Colombia' (22 January 2020) UN Doc CERD/C/COL/CO/17-19 para 11(c).
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CERD, 'Concluding Observations on the Combined Eighth to Tenth Periodic Reports of the former Yugoslav Republic of Macedonia' (21 September 2015) UN Doc CERD/C/MKD/CO/8-10 para 19(c).
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of the Republic of Korea' (10 January 2019) UN Doc CERD/C/KOR/CO/17-19 para 20(c).
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: United States of America' (8 May 2008) UN Doc CERD/C/USA/CO/6 para 26(iii).
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CERD, 'Concluding Observations on the Combined Eighth to Tenth Periodic Reports of the former Yugoslav Republic of Macedonia' (21 September 2015) UN Doc CERD/C/MKD/CO/8-10 para 19(c).
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CERD, 'Concluding Observations on the Combined Twenty-First to Twenty-Third Periodic Reports of Iceland' (18 September 2019) UN Doc CERD/C/ISL/CO/21-23 para 22(b).
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 32.
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 11.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: India' (5 May 2007) UN Doc CERD/C/IND/CO/19 para 15.
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 15.
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CERD, 'Concluding Observations on the Combined Twenty-Third and Twenty-Fourth Periodic Reports of Norway' (2 January 2019) UN Doc CERD/C/NOR/CO/23-24 para 22(b).
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: United States of America' (8 May 2008) UN Doc CERD/C/USA/CO/6 para 26(ii).
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Jordan' (26 December 2017) UN Doc CERD/C/JOR/CO/18-20 para 17(e).
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CERD, 'Concluding Observations on the Combined Initial and Second to Sixth Periodic Reports of Andorra' (22 May 2019) UN Doc CERD/C/AND/CO/1-6 para 28(e).
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 paras 27 and 13.
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CERD, 'Concluding Observations on the Combined Twenty-Second and Twenty-Third Periodic Reports of Peru' (23 May 2018) UN Doc CERD/C/PER/CO/22-23 para 23(a).
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 13.
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CERD, 'Concluding Observations on the Combined Twenty-Second and Twenty-Third Periodic Reports of Peru' (23 May 2018) UN Doc CERD/C/PER/CO/22-23 para 13(e).
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CERD, 'Concluding Observations on the Twentieth to Twenty-Second Periodic Reports of Greece' (3 October 2016) UN Doc CERD/C/GRC/CO/20-22 para 23(g).
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CERD, 'Concluding Observations on the Combined Initial and Second to Sixth Periodic Reports of Andorra' (22 May 2019) UN Doc CERD/C/AND/CO/1-6 para 28(g).
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CERD, 'General Recommendation XVII on the Establishment of National Institutions to Facilitate the Implementation of the Convention' (1993).
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 17.
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 24; CERD, 'Concluding Observations on the Combined Tenth to Seventeenth Periodic Reports of Sri Lanka' (6 October 2016) UN Doc CERD/C/LKA/CO/10-17 para 31.
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CERD, 'Concluding Observations on the Fifteenth and Sixteenth Periodic Reports of the Republic of Korea, Adopted by the Committee at its Eighty-First Session (6-13 August 2012)' (23 October 2012) UN Doc CERD/C/KOR/CO/15-16 para 16.
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Jordan' (26 December 2017) UN Doc CERD/C/JOR/CO/18-20 para 17(f).
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CERD, 'Concluding Observations on the Combined Tenth to Seventeenth Periodic Reports of Sri Lanka' (6 October 2016) UN Doc CERD/C/LKA/CO/10-17 para 31; CERD, 'Concluding Observations on the Combined Twenty-Second and Twenty-Third Reports of Cameroon' (26 May 2022) UN Doc CERD/C/CMR/CO/22-23 para 36.
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Jordan' (26 December 2017) UN Doc CERD/C/JOR/CO/18-20 para 21(c).
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 8(c).
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 14.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: Uruguay' (8 April 2011) UN Doc CERD/C/URY/CO/16-20 para 15.
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CERD, 'General Recommendation XXV on Gender-Related Dimensions of Racial Discrimination' (20 March 2000) para 6.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: United States of America' (8 May 2008) UN Doc CERD/C/USA/CO/6 para 26.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: Spain' (8 April 2011) UN Doc CERD/C/ESP/CO/18-20 para 11(a).
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CERD, 'Concluding Observations on the Combined 20th to 22nd Periodic Reports of Ecuador, Adopted by the Committee at Its Eighty-First Session (6-31 August 2012)' (24 October 2012) UN Doc CERD/C/ECU/CO/20-22 para 23.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: India' (5 May 2007) UN Doc CERD/C/IND/CO/19 para 9.
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 7(a).
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CERD, 'General Recommendation No. XXXI on the Prevention of Racial Discrimination in the Administration and Functioning of the Criminal Justice System' (2005); CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 22(a).
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CERD, 'Concluding Observations on the Combined Fifth to Ninth Reports of Ireland' (23 January 2020) UN Doc CERD/C/IRL/CO/5-9 para 22(b); CERD, 'Concluding Observations on the Eighteenth to Twentieth Periodic Reports of Rwanda' (10 June 2016) UN Doc CERD/C/RWA/CO/18-20 para 23.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: United States of America' (8 May 2008) UN Doc CERD/C/USA/CO/6 para 26(iv).
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CERD, 'Concluding Observations on the Combined Fifth to Ninth Reports of Ireland' (23 January 2020) UN Doc CERD/C/IRL/CO/5-9 para 42(a).
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: India' (5 May 2007) UN Doc CERD/C/IND/CO/19 para 15.
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 7(c).
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CERD, 'Concluding Observations on the Combined Twenty-Third and Twenty-Fourth Periodic Reports of Norway' (2 January 2019) UN Doc CERD/C/NOR/CO/23-24 para 22(c).
-
CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 11.
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CERD, 'Concluding Observations on the Combined Eighteenth to Twenty-First Periodic Reports of Mexico' (19 September 2019) UN Doc CERD/C/MEX/CO/18-21 para 27(e).
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CERD, 'Concluding Observations on the Combined Tenth to Twelfth Reports of the United States of America' (21 September 2022) UN Doc CERD/C/USA/CO/10-12 para 27.
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CERD, 'Concluding Observations on the Combined Twelfth to Sixteenth Periodic Reports of the Sudan' (12 June 2015) UN Doc CERD/C/SDN/CO/12-16 para 16; CERD, 'General Recommendation No. 35 on Combating Racist Hate Speech' (2013) UN Doc CERD/C/GC/35.
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 36(f).
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CERD, 'Concluding Observations on the Combined Sixteenth and Seventeenth Periodic Reports of Guatemala' (27 May 2019) UN Doc CERD/C/GTM/CO/16-17 para 15.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: Japan' (6 April 2010) UN Doc CERD/C/JPN/CO/3-6 para 17.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: Spain' (8 April 2011) UN Doc CERD/C/ESP/CO/18-20 para 12.
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of the Republic of Korea' (10 January 2019) UN Doc CERD/C/KOR/CO/17-19 para 19; CERD, 'Concluding Observations on the Combined Twenty-First and Twenty-Second Periodic reports of Norway' (25 September 2015) UN Doc CERD/C/NOR/CO/21-22 para 34(a).
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of the Republic of Korea' (10 January 2019) UN Doc CERD/C/KOR/CO/17-19 para 20(b).
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CERD, 'Concluding Observations on the Fifteenth and Sixteenth Periodic Reports of the Republic of Korea, Adopted by the Committee at its Eighty-First Session (6-13 August 2012)' (23 October 2012) UN Doc CERD/C/KOR/CO/15-16 para 15.
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CERD, 'Concluding Observations on the Combined Tenth to Twelfth Reports of the United States of America' (21 September 2022) UN Doc CERD/C/USA/CO/10-12 paras 39-40.
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Reports of Israel' (27 January 2020) UN Doc CERD/C/ISR/CO/17-19 para 26.
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CERD, 'Concluding Observations on the Combined Twenty-Second to Twenty-Fifth Periodic Reports of Iraq' (11 January 2019) UN Doc CERD/C/IRQ/CO/22-25 para 18(e).
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: India' (5 May 2007) UN Doc CERD/C/IND/CO/19 para 15; CERD, 'Concluding Observations on the Combined Seventh to Ninth Periodic Reports of the United States of America' (25 September 2014) UN Doc CERD/C/USA/CO/7-9 para 15(a).
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CERD, 'Concluding Observations on the Combined Seventeenth to Nineteenth Periodic Reports of the Republic of Korea' (10 January 2019) UN Doc CERD/C/KOR/CO/17-19 para 26(b).
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: United States of America' (8 May 2008) UN Doc CERD/C/USA/CO/6 para 26(i).
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: Canada' (25 May 2007) UN Doc CERD/C/CAN/CO/18 para 20.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: India' (5 May 2007) UN Doc CERD/C/IND/CO/19 para 24.
-
CERD, 'Concluding Observations on the Combined Seventh to Ninth Periodic Reports of the United States of America' (25 September 2014) UN Doc CERD/C/USA/CO/7-9 para 15(a).
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CERD, 'Concluding Observations on the Combined Sixteenth and Seventeenth Periodic Reports of Guatemala' (27 May 2019) UN Doc CERD/C/GTM/CO/16-17 para 33.
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: United States of America' (8 May 2008) UN Doc CERD/C/USA/CO/6 para 33.
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 17(d).
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CERD, 'Consideration of Reports Submitted by States Parties under Article 9 of the Convention. Concluding Observations of the Committee on the Elimination of Racial Discrimination: United States of America' (8 May 2008) UN Doc CERD/C/USA/CO/6 para 33.
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CERD, 'Concluding Observations on the Combined Tenth to Twelfth Reports of the United States of America' (21 September 2022) UN Doc CERD/C/USA/CO/10-12 para 36; see also the World Health Organization's Abortion Care Guideline.
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CERD, 'Concluding Observations on the Combined Eighteenth and Nineteenth Periodic Reports of El Salvador' (13 September 2019) UN Doc CERD/C/SLV/CO/18-19 para 27(c).
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CERD, 'Concluding Observations on the Combined Eighteenth to Twentieth Periodic Reports of Brazil' (19 December 2022) UN Doc CERD/C/BRA/CO/18-20 para 17(c).
-
CERD, 'Concluding Observations on the Combined Twenty-Second to Twenty-Fifth Periodic Reports of Iraq' (11 January 2019) UN Doc CERD/C/IRQ/CO/22-25 para 18(e).
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CERD, 'Concluding Observations on the Combined Sixteenth and Seventeenth Periodic Reports of Guatemala' (27 May 2019) UN Doc CERD/C/GTM/CO/16-17 para 16(b).
