The elimination of discrimination based on race

Marco Matroca - nº 2025

1. What is racial discrimination?

• It is the trend of thought that gives great importance to the existence of

different human races superior to each other.

• The Convention on the Elimination of All Forms of Racial Discrimination

defines racial discrimination, in its first article, as any distinction, exclusion,

restriction or preference based on race, color, descent or national or ethnic

origin, having the purpose of nullifying or impairing the recognition,

enjoyment or exercise on the same plane of human rights and fundamental

freedoms in the political, economic, social, cultural or any other field of

public life.

• Racial discrimination is a belief that human abilities are determined by

race or ethnic group, often expressed as an assertion of superiority of one

race or one group over others.

• It is good to point out that racism is not always explicit. Sometimes the

practice of racism is supported and based on, for example, in the form of

racial satire. On the other hand, racism is often a result of a racist and

discriminatory family education.

2. Brief History of Racism

• Racial discrimination is not a recent idea:

1. In the Roman Empire, being a citizen was a privilege of few. Outside this range

were, for example, the foreigners, which shows a discrimination based on

national or ethnic origin.

2. The Middle Ages developed the sense of superiority with xenophobic origins in

religion.

3. The climate became more acute when the Europeans in the nineteenth century

began to colonize the African continent and the Americas, and they found

reasons to impose its laws and ways of life to the colonized peoples. One of

those reasons was the prejudiced idea that blacks and Indians were "inferior

races".

Racism has been developed in various forms throughout history. Since

ancient times that the relations between people were always of winner and

loser.

Those who did not accept the rules of the "game" were delivered to the

genocide.

So, racial discrimination can take many forms, from genocide and apartheid

through other, more covert, in which certain racial and ethnic groups are

prevented from enjoying the same civil, economic, political, social and cultural

rights.

3. Racism in the United States of America

• When we speak of racial discrimination, we cannot forget the paradigmatic case of the

United States of America in which racism was led to the extreme against blacks, Indians,

Asians and Latin Americans.

• Until 1965, the Jim Crow Laws denied to the non-white citizens a range of rights. The

spirit of these laws resided, for example, in the prohibition of marriage between people of

different races. Only after 1967, the Supreme Court declared unconstitutional the

prohibition of interracial marriage.

• We must not forget that many blacks were harassed and burned alive without those

responsible for these atrocities would be punished. The authors of these acts were

practically members of an organization called the Ku Klux Klan, which proclaimed "white

supremacy". In contrast, black supremacist groups appear, as the "Black Power" and the

organization "Nation of Islam."

4. The Nazism in Germany

• It was a crime based on discrimination against Jews, based on a thesis that states that they are

lower than the pure hybrid human beings. Thus arises the German ideal: to form a pure nation,

consisting of the Aryan race.

• In 1899 Houston Stewart Chamberlain publishes The Foundations of the Nineteenth Century ,

work that triggered the myth of Aryan race, being the German people the highest representation

of this idea.

• Alfred Rosenberg also released some works that have supported the notion of racial

superiority. The aim was the unification of the Germans, who carried out by the identification of

specific racial traits he considered decisive.

• The Germans created the so-called enemy races, which gave rise to feelings of disgust and

hatred against foreigners. Examples of this were the enslavement of the peoples of Eastern

Europe and the persecution of Jews.

5. The Apartheid

• A shameful demonstration for the human being about racism occurred in the

twentieth century, from 1948 in South Africa, when apartheid kept the African

population under the domination of the Europeans.

• The apartheid crime not only violated the principles of international law, but also

the principles of human existence. There was a legislated distinction between whites

and blacks, humiliated and subordinated to the will of the whites, who lived in

different neighborhoods, attended different schools, etc.

• This racist political scheme ended by worldwide pressure when the first elections

were held to a multiracial transitional government, in April 1994.

6. Universal Declaration of Human Rights

• It was proclaimed on December 10, 1948. In this paper several rights were devoted to

protect those who were discriminated against their race through the most varied

forms:

recognition of human dignity for all "human family";

equal rights for all based on values of freedom, justice and peace;

the right to which human beings shall enjoy freedom of speech and belief, free from

fear and want;

the development of friendly relations among nations;

the proclamation of fundamental human rights, dignity and appreciation of the

human person;

equal rights between men and women;

right to education;

prohibition of attacks on personal life, family and home;

right to citizenship for all individuals;

right to property;

right to freedom of thought, conscience and religion;

everyone is entitled to work for equal pay;

prohibition of slavery, torture and inhuman treatment;

better living conditions.

7. Convention on the Elimination of All Forms of Racial Discrimination

• All State-Members committed themselves to take joint and separate action:

to promote universal respect of human rights and fundamental freedoms, with due respect

for race, sex, language or religion.

to eliminate racial discrimination, encouraging the promotion of understanding between the

races.

to condemn all propaganda and all organizations that can be drawn on ideas or theories of

superiority based on race, color or ethnic origin.

• The Convention was adopted on January 4th, 1969, with certain procedures:

not commit any act of discrimination against individuals or institutions, leading to public

authorities and institutions act in the same way;

not defend practices of racial discrimination between individuals or institutions;

review of national legislation, to amend and improve laws that contribute to racial

discrimination.

• This Convention comes reinforced by the fact that the United Nations had

previously condemned colonialism and all discriminatory practices associated.

• With this convention, it was encouraged to promote understanding between

races, in pursuit of social progress as a condition for avoiding racial discrimination

through education and a culture of citizenship.

8. System for the Protection of Human Rights

• It is in the Convention on All Forms of Racial Discrimination, formed by the

International Bill of Rights and some international conventions.

• The International Bill of Human Rights is the global system of protection,

consisting of conventions dealing with specific issues.

• The creation of this system is not in itself synonymous with success in

combating discrimination. The motivation against discrimination must come from

within the interior of each one of us, and we must be aware of acting morally

right.

9. Rights ensured by international laws

• Rights to the victms of racial discrimination:

Right to equal protection of the laws: Ethnic minorities have equal rights and

the law should be equally applied to various civic, political, social and cultural

groups.

Right to be protected against racial discrimination, hatred and violence:

States should not allow even spread of racial discrimination actions.

Right to benefit from affirmative actions taken by the state to promote

racial harmony and the rights of racial minorities: Governments should take

measures to ensure the development and protection of racial minorities.

The Right of racial and ethnic groups to enjoy their own culture, practice their

own religion and use their own language: All racial and ethnic groups should be

free to act according to their cultural heritage.

Right to assistance: Governments should ensure the protection and assistance

services through competent national tribunals and other state institutions.

Right to seek asylum for good reasons for fear of persecution based on race,

religion, nationality or political opinion: Allows individuals to seek asylum in

another state if their country is unable to protect them from racial persecution.

10. International and Regional Instruments for Protection from discrimination

• There were many legal mechanisms adopted by the United Nations, as a mean to combat racial discrimination:

Universal Declaration of Human Rights (1948);

Convention Relating to the Status of Refugees (1951);

Convention Against Discrimination in Education (1960);

UN Declaration on All Forms of Racial Discrimination (1963);

International Convention on the Elimination of All Forms of Racial Discrimination (1965);

International Convention on Economic, Social and Cultural Rights (1966);

International Convention on Civil and Political Rights (1966);

International Convention on the Suppression and Punishment of the Crime of Apartheid (1973);

Declaration on Fundamental Principles concerning the Contribution of Mass Media to Strengthen Peace, International Understanding, the Promotion of Human Rights and Penalty on Racism, Apartheid and Incitement to War (1978);

Declaration on Race and Racial Prejudice (1982);

Rome Statute of the International Criminal Court (1998);

World Conference Against Racism (2001).

11. Judicial Assistance and Protection

• Countries that have ratified regional and international human rights treaties

agreed to gather efforts around these conventions, adopting legislative measures

to promote legal assistance to all individuals who are victims of racial

discrimination.

• State-Members shall ensure that everyone within their jurisdiction gets effective

protection and assistance, through competent national tribunals and other state

institutions, against any act of racial discrimination that violates human rights and

fundamental freedoms.

12. Changes brought about by the Treaties

• Some positive changes have emerged since the adoption of the previous

conventions:

the review of laws and regulations, transforming racial discrimination in a

punishable offense.

the creation of new agencies to deal with problems of racial discrimination

and protection of indigenous peoples .

the adoption of educational programs on legal guarantees against

discrimination in justice, security, political rights or access to public places.

13. World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance

• Held in South Africa, in Durban, in 2001, represented an important milestone in

efforts by the international community in combating racism and intolerance, all

over the world.

• It was attended by over 2500 representatives of 170 countries with the main

purpose of adopting more effective and sustained national and international level

to eliminate racial discrimination.

• Among the main issues addressed and discussed at the Durban Conference, we

highlight the following:

Problems posed by globalization;

Problems faced by victims of discrimination and specific measures to relieve

their sufferings;

Providing measures to ensure equality in health, employment and

environment;

Problem of multiple discrimination;

Importance of education and public awareness in combating racism;

Importance of data collection, research and development indicators in the area

of discrimination;

Positive and negative aspects of new technologies;

Role of political parties and civil society in the fight against racism.

• This was the Third World Convention against Racism and despite the penalty of

racism already addressed in previous legislation, the ultimate goal of eradicating

racism remains unattainable, because millions of human beings continue to be

victims of this scourge, claiming for new measures and efforts, both nationally

and internationally.

14. Equality and non-discrimination in portuguese law

• A) Article 13: Constitution of the Portuguese Republic (CPR)

Nr. 1 - “All citizens are entitled to the same social dignity and are equal before the law.”Nr. 2 – “No one can be benefited or deprived of any right or exempted from any duty because of ancestry, sex, race, language, country of origin, religion, political or ideological convictions, education, economic situation, social status or sexual orientation.”

Article 26, Nr.1 (CPR)– “To all are recognized rights to personal identity, personality development, civil capacity, citizenship, good name and reputation, the right to speak, the privacy of private life and the legal protection against any form of discrimination.”

Article 20 (CPR):Nr. 1 – “To everyone is guaranteed access to the law and the courts to defend their rights and legally protected interests, and justice cannot be denied because of economic insufficiency.” Nr. 5 – “For the rights, freedoms and guarantees defense, the law provides to citizens legal procedures characterized by the speed and priority, for the effective protection against threats or violations of these rights.”

B) In the labor code approved by the law nº 99/2003, of 27th August: articles 22

to 32, 73 to 78 - establish a system unit on the equality and nondiscrimination.

C) The system of equality and non-discrimination also applies to the public

relationship of legal employment and gives equality to the public servants.

(article 5)

D) Law 18/2004 of 11th May: established the Directive number 2000/43 CE of

29th June. It applies the principle of equal treatment between people and

without distinction of racial or ethnic origin. It aims to establish a legal

framework for combating racial or ethnic discrimination.

E) Within the international normative instruments: Portugal ratified the International

Agreement about the Economical, Cultural and Social Rights. It was adopted in 1966 by ONU

and approved by the Law 29/78 of 12th June. This statute confers obligation to the principles of

the Universal Declaration of Human Rights.

F) The decree of the President of the Republic, number 54-A/2001 of 17th October of 2001: it

was ratified the Revised European Social Charter, of 1996, which establishes individual rights

and freedoms in a control system of respect by their dignitaries. The Social Charter establishes:

•right to equal opportunities and equal treatment in employment.

•guarantee the rights recognized by the Charter to all national and foreign people.

•prohibition of discrimination based on family responsibilities.

•right of persons with disabilities to independence, social integration and participation in

community life.