Forty-second session (1993)*
General recommendation XIV on article 1, paragraph 1, of the Convention
1.
Non-discrimination, together with equality before the law and equal protection of the law
without any discrimination, constitutes a basic principle in the protection of human rights. The
Committee wishes to draw the attention of States parties to certain features of the definition of racial
discrimination in article 1, paragraph 1, of the International Convention on the Elimination of All
Forms of Racial Discrimination. It is of the opinion that the words “based on” do not bear any
meaning different from “on the grounds of” in preambular paragraph 7. A distinction is contrary to the
Convention if it has either the purpose or the effect of impairing particular rights and freedoms. This
is confirmed by the obligation placed upon States parties by article 2, paragraph 1 (c), to nullify any
law or practice which has the effect of creating or perpetuating racial discrimination.
2.
The Committee observes that a differentiation of treatment will not constitute discrimination
if the criteria for such differentiation, judged against the objectives and purposes of the Convention,
are legitimate or fall within the scope of article 1, paragraph 4, of the Convention. In considering the
criteria that may have been employed, the Committee will acknowledge that particular actions may
have varied purposes. In seeking to determine whether an action has an effect contrary to the
Convention, it will look to see whether that action has an unjustifiable disparate impact upon a group
distinguished by race, colour, descent, or national or ethnic origin.
3.
Article 1, paragraph 1, of the Convention also refers to the political, economic, social and
cultural fields; the related rights and freedoms are set up in article 5.
*
Contained in document A/48/18.
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