Racism | international law and racial discrimination

International law and racial discrimination

In 1919, a proposal to include a racial equality provision in the Covenant of the League of Nations was supported by a majority, but not adopted in the Paris Peace Conference in 1919. In 1943, Japan and its allies declared work for the abolition of racial discrimination to be their aim at the Greater East Asia Conference.[86] Article 1 of the 1945 UN Charter includes "promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race" as UN purpose.

In 1950, UNESCO suggested in The Race Question – a statement signed by 21 scholars such as Ashley Montagu, Claude Lévi-Strauss, Gunnar Myrdal, Julian Huxley, etc. – to "drop the term race altogether and instead speak of ethnic groups". The statement condemned scientific racism theories that had played a role in the Holocaust. It aimed both at debunking scientific racist theories, by popularizing modern knowledge concerning "the race question", and morally condemned racism as contrary to the philosophy of the Enlightenment and its assumption of equal rights for all. Along with Myrdal's An American Dilemma: The Negro Problem and Modern Democracy (1944), The Race Question influenced the 1954 U.S. Supreme Court desegregation decision in "Brown v. Board of Education."[87] Also, in 1950, the European Convention on Human Rights was adopted, which was widely used on racial discrimination issues.[88]

The United Nations use the definition of racial discrimination laid out in the International Convention on the Elimination of All Forms of Racial Discrimination, adopted in 1966:

... any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin that 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. (Part 1 of Article 1 of the U.N. International Convention on the Elimination of All Forms of Racial Discrimination)[89]

In 2001, the European Union explicitly banned racism, along with many other forms of social discrimination, in the Charter of Fundamental Rights of the European Union, the legal effect of which, if any, would necessarily be limited to Institutions of the European Union: "Article 21 of the charter prohibits discrimination on any ground such as race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, disability, age or sexual orientation and also discrimination on the grounds of nationality."[90]