The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 7
Paragraph
Paragraph text
The principle of enjoyment of human rights on an equal footing is integral to the Convention's prohibition of discrimination on grounds of race, colour, descent, and national or ethnic origin. The "grounds" of discrimination are extended in practice by the notion of "intersectionality" whereby the Committee addresses situations of double or multiple discrimination - such as discrimination on grounds of gender or religion - when discrimination on such a ground appears to exist in combination with a ground or grounds listed in article 1 of the Convention. Discrimination under the Convention includes purposive or intentional discrimination and discrimination in effect. Discrimination is constituted not simply by an unjustifiable "distinction, exclusion or restriction" but also by an unjustifiable "preference", making it especially important that States parties distinguish "special measures" from unjustifiable preferences.
Legal status
Non-negotiated soft law
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Equality & Inclusion
Person(s) affected
N.A.
Year
2009
Paragraph type
Other
Reference
CERD General Recommendation No. 32, The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination (2009), para. 7.