CERD

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The CERD stands firm against racist hate speech: Jallow v. Denmark

The Committee on the Elimination of Racial Discrimination (‘CERD’ or ‘Committee’) is well known for its progressive interpretation of Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The provision requires states to “condemn all propaganda and all organizations which attempt to justify or promote racial hatred and discrimination in any form” to combat racist hate speech.  In a line of cases concerning political speech – Jewish Community of Oslo et al v. Norway in 2005, Gelle v. Denmark in 2006, Adan v. Denmark in 2010 and finally TBB Turkish Union in Berlin/Brandenburg v. Germany in 2013,  the Committee made it no secret that it does not agree with national prosecutors and courts as to how to balance the protection of freedom of expression with combatting racist hate speech (also discussed on this blog). The recent case of Jallow v. Denmark consolidates the CERD’s firm stance on the interpretation of Article 4 in the context of satirical art. In this blog…

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New Rules of Procedure of the Ad Hoc Conciliation Commission in Palestine v Israel

The inter-State procedure under Articles 11-13 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) lay dormant for over 50 years before its activation in March-April 2018 in three inter-State communications, Qatar v Kingdom of Saudi Arabia (2018), Qatar v United Arab Emirates (2018) and Palestine v Israel (2018). These were the first three…

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Appointment of the Ad Hoc Conciliation Commissions under ICERD

The inter-State communications procedure under Articles 11-13 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) lay dormant for over 50 years before its activation in March-April 2018 in three inter-State communications, Qatar v Kingdom of Saudi Arabia (2018), Qatar v United Arab Emirates (2018) and Palestine v Israel (2018). These were the first…

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