Prohibition of Discrimination

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Basu v. Germany and Muhammad v. Spain: Why the first European Court of Human Rights’ judgments on racial profiling in identity checks are disappointing  

February 7, 2023

Racial profiling by the police is a mounting concern in Europe. It has been defined by the European Commission against Racism and Intolerance (ECRI) as “the use by the police, with no objective or reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin in control, surveillance or investigation activities” (ECRI General Recommendation 11, §1). Numerous international and European institutions, including the UN Human Rights Committee (Rosalind Williams Lecraft v Spain), the UN Committee on the Elimination of Racial Discrimination (CERD), the Council of Europe Commissioner for Human Rights, and the European Parliament, have condemned this practice as discriminatory and called upon states to take measures to tackle it. In addition to being contrary to human rights, it is said to be ineffective, because it relies on stereotypes and gross generalizations rather than factual grounds or reasonable suspicion, and counterproductive as it damages the relationship between the police and certain communities, by stirring feelings of injustice and stigmatization. Nonetheless, a wealth of studies and reports…

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Generous, but Equal Treatment? Anti-Discrimination Duties of States Hosting Refugees Fleeing Ukraine

May 2, 2022

More than 5 million refugees have recently fled Ukraine, the fastest-growing mass displacement in this century. About a quarter of Ukraine’s population and half of its children have fled their homes. The European Union (EU) responded with a first-time activation of the Temporary Protection Directive (TPD). Lurking behind tremendous generosity, States have treated…

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CEDAW’s Landmark Decision on the Criminalisation of Same Sex Conduct Between Women

April 5, 2022

Rosanna Flamer-Caldera (RFC v Sri Lanka), is a human rights activist and the Executive Director of Equal Ground which campaigns for lesbian, gay, bisexual, transgender and intersex (LGBTI) rights in Sri Lanka. Ms Flamer-Caldera is a lesbian, and is open about her sexuality. Her activism on these issues is well-recognised both inside and outside of the country…

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The Disputes Between Armenia and Azerbaijan: The CERD Compromissory Clause as a One-way Ticket to Hague

November 11, 2021

Introduction In September 2021, Armenia and Azerbaijan lodged each against the other an application before the International Court of Justice (Court) (ArA and AzA). Both applications refer to alleged breaches of the 1966 UN Convention on the Elimination of All Forms of Racial Discrimination (CERD), using its compromissory clause (Article 22) to establish the…

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Who is the Final Interpreter in Human Rights: the ICJ v CERD?

February 22, 2021

In 2018 Qatar instituted proceedings against the United Arab Emirates (UAE) before the International Court of Justice (ICJ or the Court), alleging violations of the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD or the Convention). In parallel inter-State proceedings the CERD Committee found in 2019 that it had jurisdiction to deal…

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