"racism, racial discrimination, xenophobia and related intolerance condoned by governmental
policies violate human rights, as established in the relevant international and regional human
rights instruments, and are incompatible with democracy, the rule of law and transparent and
accountable governance."85
The Human Rights Council has also urged "governments to summon the necessary political will to
take decisive steps to combat racism in all its forms and manifestations."86
52. The most comprehensive articulation of the prohibition of racial discrimination can be found in
the CERD, which defines racial discrimination as:
“any distinction, exclusion, restriction or preference based on race, colour, descent, or national
or ethnic origin which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the
political, economic, social, cultural or any other field of public life.”87
53. Further, the Committee on the Elimination of Racial Discrimination has explained that
discrimination on grounds not strictly listed in Article 1(1) of the Convention may still be
impermissible. When multiple forms of discrimination are concerned, the Committee adopts an
intersectional approach, extending categories of impermissible discrimination if the unlisted
ground "appears to exist in combination with a ground or grounds listed in article 1 of the
Convention."88 For example, although Article 1(1) does not explicitly mention discrimination on
the basis of religion, a violation of the Convention may be found where discrimination on religious
grounds intersects with other forms of discrimination that are specifically prohibited under
Article 1(1).89 In regions where intersectional forms of discrimination have been pervasive,
supranational bodies have introduced measures to combat discrimination. For instance, Articles
and of the EU’s Race Equality Directive prohibits racial and ethnic discrimination in a broad
range of public and private sectors.90 Measures to combat multiple discrimination have not only
been legislative or achieved through litigation, the EU has also pursued proactive measures
including mainstreaming policy.91
54. Particularly relevant to the area of focus under the Principles on Deprivation of Nationality, the
Committee on the Elimination of Racial Discrimination has also looked closely at:
“The potential indirect discriminatory effects of certain domestic legislation, particularly
legislation on terrorism, immigration, nationality, banning or deportation of non-citizens from
a country, as well as legislation that has the effect of penalizing without legitimate grounds
85
UN Human Rights Council Resolution, ’The Incompatibility between Democracy and Racism’ A HRC RES
, July
.
UN Human Rights Council, ’From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and
related intolerance’ A HRC RES
March
.
87 CERD, Article 1(1).
88 Committee on the Elimination of Racial Discrimination General Recommendation No. 32, para. 7.
89 Committee on the Elimination of Racial Discrimination General Recommendation No. 32, para. 7; P.S.N. v. Denmark (CERD/C/71/D/36/2006),
para. 6(3).
90 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic
origin.
91
European Commission, “Intersectional discrimination in EU gender equality and non-discrimination law , European Network of Legal Experts
on gender equality and non-discrimination, (written by Fredman, S.), 2016, pp. 71 86.
86
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