The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 26
Párrafo
Paragraph text
Article 1, paragraph 4, provides for limitations on the employment of special measures by States parties. The first limitation is that the measures "should not lead to the maintenance of separate rights for different racial groups". This provision is narrowly drawn to refer to "racial groups" and calls to mind the practice of Apartheid referred to in article 3 of the Convention, which was imposed by the authorities of the State, and to practices of segregation referred to in that article and in the preamble to the Convention. The notion of inadmissible "separate rights" must be distinguished from rights accepted and recognized by the international community to secure the existence and identity of groups such as minorities, indigenous peoples and other categories of person whose rights are similarly accepted and recognized within the framework of universal human rights.
Condicón jurídica
Non-negotiated soft law
Organismo
Committee on the Elimination of Racial Discrimination
Tipo de documento
General Comment / Recommendation
Medio de adopción
N.A.
Temas
Equality & Inclusion
Governance & Rule of Law
Personas afectadas
Ethnic minorities
Año
2009
Tipo de párrafo
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. 26.