Prohibition of Discrimination

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

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 with the case. However, the ICJ upheld for its part in its judgment of 4 February 2021 the objection by the UAE against the Court’s jurisdiction. The disagreement between the ICJ and the CERD Committee centred on the proper interpretation of the term ‘national origin’ in art. 1(1) CERD. The ICJ’s judgment raises both methodological issues and challenges of substantive interpretation, see Desierto. But my focus is on whether the ICJ should approach the practice by UN human rights treaty bodies from a position of dialogue or superiority.

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Discriminatory torture of an LGBTI person: landmark precedent set by the Inter-American Court (Azul Rojas Marín and Another v. Peru)

In the midst of the coronavirus crisis, the Inter-American Court of Human Rights (IACtHR) has issued a landmark judgment in the case of Azul Rojas Marín and Another v. Peru, enhancing the rights of LGBTI persons, and setting new standards with the potential to reduce the levels of violence suffered by this group both within…

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Application of the CERD Convention (Qatar v UAE) and “Parallel Proceedings” before the CERD Committee and the ICJ

Last week, the International Court of Justice held hearings to consider the United Arab Emirates request for provisional measures in the Case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. UAE).  The UAE’s requests are unusual in at least two ways. First these requests constitute…

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De-humanisation? CJEU, Liga van Moskeeën en islamitische Organisaties Provincie Antwerpen on Religious Slaughter

Introduction In Case C-426/16, Liga van Moskeeën en islamitische Organisaties Provincie Antwerpen et al v. Vlaams Gewest, the Court of Justice of the European Union (Grand Chamber) in its judgment of 29th May 2018 decided that the EU law provision allowing religious slaughter without stunning the animal only in slaughterhouses (Art. 4(4) of Regulation…

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ICERD and Palestine’s Inter-State Complaint

On 23 April, The Guardian reported that Palestinian diplomats had filed an inter-state complaint against Israel for breaches of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). According to the Ministry of Foreign Affairs and Expatriates of the State of Palestine: Palestine is a State…

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