Treaty

Key Provisions of the Convention on the Elimination of Racial Discrimination

Article 2 of the Convention requires States Parties to “condemn racial discrimination and to pursue a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, act in conformity with this obligation.”

In accordance with Article 5 of the Convention, States Parties must guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

  • The right to equal treatment before all organs administering justice;
  • The right to security of person and protection by the State against violence or bodily harm;
  • Political rights, in particular the right to participate in elections – to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
  • The right to freedom of movement and residence within the border of the State;
  • The right to leave any country, including one’s own, and to return to one’s country;
  • The right to nationality;
  • The right to marriage and choice of spouse;
  • The right to own property alone as well as in association with others;
  • The right to inherit;
  • The right to freedom of thought, conscience and religion;
  • The right to freedom of opinion and expression;
  • The right to freedom of peaceful assembly and association;
  • The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work and to just and favourable remuneration;
  • The right to form and join trade unions;
  • The right to housing;
  • The right to public health, medical care, social security and social services;
  • The right to education and training;
  • The right to equal participation in cultural activities; and
  • The right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks.

Article 6 of the Convention requires States Parties to ensure that everyone within their jurisdiction has effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate human rights and fundamental freedoms contrary to this Convention.

In compliance with Article 4, States Parties must declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof. The States Parties must also declare illegal and prohibit organizations that promote and incite racial discrimination and recognize participation in such organizations or activities as an offence punishable by law.