Cases violating ICERD art 1 (potential) (1)

Note that committees can record actual or potential violations.

1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.

3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.

4. Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.

ICERD art 1

Hagan v Australia (CERD, 2003)

Remedy's assessment: Remedied

An Aboriginal man alleged that a sign at a football ground bearing the word ‘Nigger’ breached the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee recommended the sign be removed. Australia rejected the Committee’s Views, but, after concerted lobbying by Mr Hagan, the sign was removed in 2007.

Read more on Hagan v Australia.