RACISM (2).pptx human rights Power Point

ppt for hr

1. RACISM Racism is one of the worst forms of torture because it's directed at something you never asked for and something you can't change .

2. Goal is Justice not Guilt

3. Racism is a systematized oppression of one race of another.  In other words, the various forms of oppression within every sphere of social relations—economic exploitation, military subjugation, political subordination, cultural devaluation, psychological violation, sexual degradation, verbal abuse, etc.

4. Racism is a belief that race is the primary factor in determining human characteristics and abilities, and that racial differences produce an inherent superiority of a particular race. It is a belief and attitude that does not accept that all human beings are of equal dignity and worth and possess the same legal rights. Such a belief leads to intolerance, discrimination and persecution based on race. Racial discrimination and segregation or apartheid is both political and social evils.

5. Attempts have been made to classify humans since the 17th century. In the 19th century and early 20th century people mainly interested in pressing forward the supposed superiority of their own kind of culture or nationality, began to attribute cultural and psychological causes to race. This approach called racism, culminated in the vicious racial doctrines. anti-semitism of Nazi Germany. to justify slavery and segregation in the United States. apartheid in the republic of South Africa European imperialism and colonialism generally. Racial discrimination historically and has been and continues today to a phenomenon of social attitudes and behaviours, stemming from people’s perceptions.

6. Not Just White and Black

7. Racial Justice Economic Justice Gender Justice Are Intertwined

8. Racism is a sin: a sin that divides the human family, and violates the fundamental human dignity.

9. Isn’t Racism Over?

10. the Courts have eliminated statutory racial discrimination and Congress has enacted civil rights legislation, and because some minority people have achieved some measure of success , many people believe that racism is no longer a problem in American life.

11. Types of discrimination in workplace and their legal protection in India

12. Discrimination in workplace can be in different forms; there might be a single reason or a combination of multiple grounds of discrimination. Discrimination in a workplace may constitute in form of:

13. 1. Age 2. Sex 3. Qualification 4.  Disability 5. Pregnancy 6. National origin 7. Race/ Colour 8. Religion 9. Sexual harassment 10. Equal pay or compensation 11. Region/Place of origin 12. Caste and 13. Ethnicity.

14. According to a survey made by TeamLease , 48 % of Indians have faced some kind of discrimination or the other at the workplace. Most of the biases are based on gender (25%), age (22%) and caste/religion (18%). Amongst the cities, employees in Delhi, Pune and Chennai faced the highest rate of discrimination, while employees in Ahmedabad faced the lowest amount of discrimination. 

15. While, certain types of discrimination is illegal in India like, equal remuneration, sexual harassment, discrimination due to pregnancy and disability. Other types of discrimination in workplace like based on ethnicity, caste or religion are not illegal in the private sector. However, in the public sector apart from the protection granted to the employees of the private sector, the employees are also protected from discrimination on the basis of caste, creed, colour , sex, religion or place of birth.

16. International Convention on the Elimination of All Forms of Racial Discrimination (CERD) CERD is an international human rights treaty adopted in 1965 . eradicating racial hatred and incitement to hatred combatting prejudices which lead to racial discrimination guaranteeing the enjoyment of civil, political, economic, social and cultural rights without discrimination on grounds of race, colour, or national or ethnic origin

17. The prohibition against racial discrimination is fundamental and deeply entrenched in international law. It has been recognized as having the exceptional character of  jus cogens  which creates obligations  erga omnes , an obligation from which no derogation is acceptable. The early years of the United Nations were a time of extraordinary hope, energy, and promise. The end of WWII came with enormous lessons for all of humanity and a sense that those lessons could be implemented to save the globe from a repeat of similar calamities.

18. African States newly emerging from colonial rule into independence and gaining membership in the United Nations began setting an agenda for the United Nations that included an increasing focus on decolonization, independence for South West Africa/Namibia, an end to apartheid in South Africa and codification of the customary law against racial discrimination.

19. The International Convention on the Elimination of All Forms of Racial Discrimination (1965) is the foundation of racial Justice and the bedrock of fundamental condemnation of racial segregation and apartheid. Article 4 of the convention is equally emphatic in condemning propaganda and organizations, which are based on ideas or theory of superiority of one race or group or colour or ethnic origin over one another.

20. The Declaration makes four principal points: Any doctrine of racial differentiation or superiority is scientifically false, morally condemnable, socially unjust and dangerous and has no justification in theory or practice; Racial discrimination and more so, government policies based on racial superiority or hatred violate fundamental human rights, endanger friendly relations among peoples, co-operation among nations, and international peace and security; Racial discrimination harms not only those who are its objects but also those who practise it; A world society free of racial segregation and discrimination, factors which create hatred and division, is a fundamental aim of the United Nations.

21. The Convention It remains the principal international human rights instrument defining and prohibiting racial discrimination in all sectors of private and public life. By becoming a party to ICERD, States have declared that racial discrimination should be outlawed and have pledged themselves to abide by the terms of the Convention. ICERD authorizes the establishment of an international committee of experts to oversee Member State compliance with the treaty, the Committee on the Elimination of Racial Discrimination (hereinafter “CERD”) (articles 2 and 8).

22. Parties to ICERD must periodically submit written reports which detail their country’s progress toward fulfilling the goals of ICERD (article 9). During the review period, Member States also send government officials to answer the questions of committee members. To receive added insight into country conditions, CERD also receives reports provided by United Nations agencies, national institutes of human rights, and international and domestic NGO’s.

23. Based on the country review, CERD issues an analysis and list of recommendations called Concluding Recommendations that are specific to that State party. Additionally, when deemed useful and appropriate, CERD also issues General Recommendations (G.R.) seeking to clarify or elucidate the full and appropriate interpretation of provisions of the Convention. General Recommendations are considered authoritative interpretations of the Convention.

24. Communications from Individuals The Convention also authorizes CERD to consider Communications from individuals that make claims that they have suffered injuries as a consequence of the failure of the State party to fulfill its obligations under the Convention. Jurisdiction to consider such Communications is dependent on a prior and separate ratification of article 14 of the Convention. Articles 11 to 13 give jurisdiction to CERD to consider Communications by one State party against another State party, a unique procedure which requires no separate ratification by the respondent State party.

25. Definition of Racial Discrimination The Convention defines “racial discrimination” as: “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which 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 ” (article 1).

26. What is the CERD Committee? To assist in giving effect to the Convention, an international committee was established to monitor each State’s compliance with CERD’s articles. This committee, known as the Committee on the Elimination of Racial Discrimination (CERD Committee), is made up of 18 independent experts from countries across the world. Every country which has ratified the Convention must submit a regular report to the CERD on the legislative, judicial, administrative or other measures it has taken to give effect to the Convention. The CERD Committee meets in Geneva, Switzerland and ordinarily holds two sessions a year, each being 3 weeks in duration.

27. State Obligations The States ratifying the Convention undertake to eliminate racial discrimination through all means, including legislation, policies, educational initiatives, or prosecutions. Each State party must act to end racial discrimination “in all its forms”, to take no action as a State, and to ensure that no public entity does so whether national or local. States must not sponsor, defend, or support racial discrimination in any way. States must immediately review and rescind or nullify existing laws that create or perpetuate racial discrimination.

28. The prohibition against racial discrimination is absolute. There is no circumstance under which a derogation is allowed, and delays are not tolerated. States also must take steps to immediately end discrimination by any person or organization and further, must encourage “integrationist multiracial” organizations or movements. Importantly, the Convention requires that situations of racial inequality be corrected by government initiatives termed “special or concrete measures”. Depending on the country, such measures may also be referred to as affirmative action or positive action. Article 2(2) of ICERD mandates States to implement special measures for the sole purposes of eliminating substantive or de facto discrimination.

29. While article 3 considers the obligation of States to condemn and prohibit apartheid and racial segregation, at the time that ICERD was adopted, apartheid in South Africa was being more effectively dealt with in other United Nations fora. In the United States, the post-Civil War regimes called Jim Crow laws, had been under sustained attack by the Civil Rights Movement which was resulting in national legislation. Consequently, article 3 principally has been referenced with respect to school segregation and patterns of residential segregation.

30. Hate Speech The spread and impact of racist speech and propaganda has been of particular concern to CERD. In recent years there has been an increase in the open and unapologetic dissemination of speech that trumpets notions of majoritarianism and superior race. It has spread unchecked through cyberspace and even mainstream political parties have based national electoral campaigns on thinly veiled racist platforms.

31. Article 4 of the Convention calls on States to condemn such propaganda based on theories of the superiority of one racial group over another in all forms and encourages national leaders to speak out against it. States must make it an offence punishable by law to disseminate such ideas, to incite racial hatred and acts of violence, as well as to give assistance or financing to such activities. These prohibitions also apply to public authorities or institutions (article 4(a) and (b)). Additionally, States should declare illegal organizations and all organized propaganda activities that promote racial hatred.

32.  Measures to Combat Prejudices Article 7 of the Convention is often overlooked and under-utilized. It could be argued, however, that in its focus on the fields of “teaching, education, culture and information” it goes to the most important approaches to achieving the objectives of the Convention. Under article 7, States parties undertake to adopt measures to short circuit prejudices before they are deeply entrenched in society. The critical role played by misinformation and indoctrination is fully recognized by CERD, which considers it to be a root cause of hate speech

33. The Unique Nature of the Convention On 12 December 2019, the CERD issued its decision on jurisdiction in the Inter-State Communication submitted by the State of Palestine against Israel (the “Decision”). It is among the three first Inter-State Communications ever before human rights treaty bodies and therefore sets numerous precedents. Israel protested that the CERD had no jurisdiction based on its non-recognition of the State of Palestine. The Decision affirming its jurisdiction rests heavily on the  jus cogens  and  erga omnes  nature of obligations that all States have to combat racial discrimination, which are customary rules codified in the Convention. 

34. The obligations which States owe under articles 11 to 13 have the “common purpose of ensuring the effective prohibition of racial discrimination, an  erga omnes ( "towards all" or "towards everyone" )  norm, for the common good of the whole international community which cannot be derogated from by the unilateral action of one State party”

35. General Recommendations CERD has adopted General Recommendations to clarify that the ICERD protections in article 1 include groups not explicitly named but who fall within the Convention’s broad criteria, such as women, indigenous persons, Dalits, non-citizens including refugees, African descendants, particularly those in the diaspora, Muslims subjected to Islamophobia, and more generally persons whose religious identity has been “racialized,” that is used as a basis for discrimination.

36. Article 1 lists the categories of rights that may not be infringed by discriminatory conduct: human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. These categories of rights are later elaborated on in articles 5 and 6. Article 5 of the Convention lists civil and political rights such as the right to political participation, freedom of speech, and freedom of movement. Article 5 also elaborates economic, social, and cultural rights, such as rights relating to work, housing, health care, and education.

37. Article 6 guarantees effective protection from discrimination and remedies through equal access to competent and fair tribunals, prompt investigations and prosecutions followed by just and adequate reparations.

38. The States Parties to this Convention: Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action, in co-operation with the Organization, for the achievement of one of the purposes of the United Nations which is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,

39. in 2012 government of India recommended that all states notify the term Chinkies as an offence under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 153 of the Indian Penal Code, 1860.

40. Cases Qatar v. United Arab Emirates HOME WORK ISSUE (NATIONALITY AND NATIONAL ORIGIN)

41. Georgia v. Russian Federation Case Concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination. The States parties to CERD 'condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms'; whereas in the view of the Court, in the circumstances brought to its attention in which there is a serious risk of acts of racial discrimination being committed, Georgia and the Russian Federation, whether or not any such acts in the past may be legally attributable to them, are under a clear obligation to do all in their power to ensure that any such acts are not committed in the future;" The Court ordered provisional measures but found the case could not proceed to the merits for Georgia's lack of engaging in negotiation prior to bringing its case before the Court.

42. U.S. v. Rhodes; Blyew v. U.S., Abolishing slavery under domestic and international laws was only the beginning of the legal battles to come. In the United States, the Thirteenth Amendment cases sought redress for continued discrimination against African Americans in the law, economy, and society.

43. SHELLEY VS. KRAEMER (1948) In  this case in 1948 , the Supreme Court ruled that racially restrictive covenants promises in property deeds not to sell homes to ‘non-whites’ were unenforceable in a court of law.

44. BROWN VS. BOARD OF EDUCATION (1954) This is one of the most famous Supreme Court civil rights cases, and resulted in a landmark decision against school segregation. In 1954, the Court ruled that separate public schools for black and white children were “inherently unequal” and therefore unconstitutional under the Fourteenth Amendment.

45. LOVING VS. VIRGINIA (1967) In this 1967 case, the Supreme Court declared anti-miscegenation laws unconstitutional. The plaintiffs in the case were Richard and Mildred Loving, a white man and black woman whose marriage was deemed illegal according to Virginia state law. The couple had been sentenced to a year in prison, but were eventually pardoned. They appealed the ruling, and the Supreme Court ruled unanimously that interracial bans on marriage violated both the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment.

46. Advisory opinion by ICJ In 1971, the UN Security Council asked the I.C.J. to issue an advisory opinion on the legality of South Africa's presence in Namibia , once again raising the ongoing tensions surrounding South Africa's continuation of apartheid . The I.C.J. held that South Africa's involvement in Namibia was illegal and it upheld that racial discrimination constitutes a violation of the UN Charter.

47. AZERBAIJAN v. ARMENIA (2022) The International Court of Justice, the principal judicial organ of the United Nations, delivered its Order on the Request for the indication of provisional measures made by the Republic of Armenia in the case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination. The Republic of Armenia shall, in accordance with its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination, take all necessary measures to prevent the incitement and promotion of racial hatred, including by organizations and private persons in its territory, targeted at persons of Azerbaijani national or ethnic origin.

48. Campaigners push for anti-racism legislation in India https://www.bbc.com/news/av/world-asia-india-26222350/campaigners-push-for-anti-racism-legislation-in-india https://www.youtube.com/watch?v=tCfw70dmSS0

49. “Judicial abuse occurs when judges substitute their own political views for the law”. Lamar S. Smith

50. In Belgium v. Senegal, for example, the I.C.J. found that Senegal had an international responsibility to fulfill its obligations under the Convention Against Torture to investigate and prosecute allegations of crimes against humanity and torture without delay. Obligation to Prosecute or Extradite

51. International criminal law also creates individual responsibility for these crimes, to varying degrees. Here, law governs not only the behavior of states but also the behavior of individuals wherever they reside. Individual responsibility for the crime of genocide is well-recognized. For example, in Prosecutor v. Akayesu , the International Criminal Tribunal for Rwanda ("ICTR") found that Mr. Akayesu bore individual responsibility for committing the crime of genocide and crimes against humanity. There is evidence, albeit less strong, of individual responsibility with regard to crimes against humanity.

52. The International Convention on the Suppression and Punishment of the Crime of Apartheid, which entered into force on July 18, 1976, names apartheid as a crime against humanity. The Convention defined apartheid to include "acts of racial segregation and racial discrimination committed for the purpose of establishing and maintaining domination by one racial group over people of other racial groups." In this way, the Convention offers early guidance on the criminalization of racism under international law.

53. Prosecutor v. Tadic; The Nicaragua and Tadie Tests Revisited in Light of the ICJ Judgment on Genocide in Bosnia Should racism be understood, like apartheid, as an international crime? The Tadic test, applied by the International Criminal Tribunal for the former Yugoslavia ("ICTY") to determine the existence of an international crime, offers a potential, albeit imperfect, model. There are four criteria: "(1) the infringement of a rule of international humanitarian law, (2) the customary or treaty law character of the crime, (3) the 'seriousness' of the violation of humanitarian law, and (4) the establishment of individual criminal responsibility by the rule in question.’ “ A good case can be made that racism infringes upon the pre-emptory norm against racial discrimination and constitutes a serious violation of humanitarian law. Racism has elements both criminal and not. It occurs in peacetime and war time. It is exercised by states and by individuals. It poses a grave risk to international peace and security. It is antithetical to the fundamental purpose of international law and the purposes of the United Nations, as established by Article I of the Charter. It is morally reprehensible. It is politically dangerous. Racism ought to be, as a normative matter, illegal under international law. But, at present, there are no legal pathways to allow for its prosecution and punishment as an international crime.