International Convention on the Elimination of All Forms of Racial Discrimination

The International Convention on the Elimination of All Forms of Racial Discrimination, or ICERD, defines racial discrimination as unequal treatment connected with specified race-related grounds. Under Article 1, it includes measures whose purpose or effect is to impair the equal recognition, enjoyment or exercise of human rights and fundamental freedoms in public life.

Constituent elements of discrimination

Under Article 1(1), the prohibited conduct may take the form of a distinction, exclusion, restriction or preference. It must be based on a listed ground and must have either the purpose or the effect of undermining equal human-rights protection.

• The prohibited grounds are race, colour, descent, and national or ethnic origin.
• The definition covers intentional discrimination and apparently neutral action that produces a discriminatory effect.
• The conduct must nullify or impair the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal footing.

Fields in which it operates

The definition applies to discrimination in the political, economic, social and cultural fields, as well as any other field of public life. It therefore extends beyond formal legal inequality to unequal enjoyment or exercise of rights in practice.

Distinctions outside the definition

The Convention draws boundaries around this definition while preserving the principle of substantive equality.

• Under Article 1(2), distinctions made by a state between citizens and non-citizens are excluded from this Convention's definition of racial discrimination.
• Nationality, citizenship and naturalisation laws are not barred, provided they do not discriminate against any particular nationality.
• Under Article 1(4), temporary special measures aimed solely at advancing groups needing protection are not racial discrimination, provided they do not preserve separate rights and end once their objectives are achieved.