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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Racial Discrimination

Sina Van den Bogaert, Piotr Tereszkiewicz

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Equality regardless of race — Bill of rights — Dignity and autonomy of individuals — Equality — Racial discrimination

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 Not a single constitution in the world contains a definition of the term ‘race’ and there is no generally accepted definition of the terms ‘race’ or ‘ethnic origin’ (ethnicity). The 1966 International Convention on the Elimination of all Forms of Racial Discrimination (‘ICERD’) contains a definition of ‘racial discrimination’ in its Article 1, which includes a reference to colour, descent, and national or ethnic origin. Thornberry claims that this wider notion of ‘race’ should be regarded as a definition for the purpose of the ICERD only, as it implies a strong...
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