A Commentary
by Patrick Thornberry
The Convention on the Elimination of All Forms of
Racial Discrimination is the centrepiece of international efforts to address
racial discrimination, defined in broad terms to include discrimination based
on skin colour, descent, ethnic, and national origin. Victims of discrimination
within the scope of the Convention include minorities, indigenous peoples,
non-citizens, and caste or descent groups. Virtually all national societies are
diverse in terms of ethnicity or 'race' and none is free from discrimination,
making it one of the great issues of our time.
Against the background of international human rights
standards and mechanisms to counter racial and ethnic discrimination, this book
provides the first comprehensive legal analysis of the provisions of the
Convention on an article-by article basis. The book addresses the place of the
Convention within the broader framework of United Nation's action against
discrimination. The different chapters analyse and discuss broad topics of
race, ethnicity, and international law, the genesis and drafting of the
Convention, the aims and objectives of the Convention in light of its preamble,
and principles of non-discrimination and equality. In particular, the book
includes a critical appraisal of the contribution of the Convention to the
eradication of racial discrimination. It also reflects on whether there is
scope for modification of the substance or procedures of the Convention in
light of challenges arising from enhanced transnational population movements,
the intersection between discrimination on the ground of race and
discrimination against religious communities, and the intersection of racial
and gender-based discrimination.