"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 39

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