09/06/2020
-STATEMENT-
The members of Jus Gentium would like to share their support to , a movement that is ultimately one for basic human rights. Both the preamble of the Charter of the United Nations and the 1948 Universal Declaration of Human Rights proclaim the right of everyone to enjoy all human rights and fundamental freedoms, without distinction to race, colour or national origin. The UN system and both international and regional human rights mechanisms, through various conventions and declarations, prohibited discrimination and disseminated information specifically addressing the issue and proposing solutions to the problem. However, despite these efforts, many individuals and groups belonging to the minority continue to experience various forms of discrimination, especially in countries with a dominant majority or a history of colonialism and occupation. We would like to share international legal perspective to support our audience willing to fight against racism, for justice in the name of equality.
Universal Declaration of Human Rights
Article 1- All human beings are born free and equal in dignity and rights.
Article 2- Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, s*x, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
International Convention on the Elimination of All Forms of Racial Discrimination
"States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour or national or ethnic origin, to equality before the law", according to the 1965 International Convention on the Elimination of All Forms of Racial Discrimination, notably in the enjoyment of political, civil, economic, social and cultural rights. State Parties shall also assure effective protection and remedies against any acts of racial discrimination.”
European Convention on Human Rights
Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as s*x, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Recent Jurisprudence
Right to life, degrading treatment and racially biased police investigation
Nachova and Others v. Bulgaria
06.07.2005 (Grand Chamber)
The applicants alleged that prejudice and hostile attitudes towards people of Roma origin had played a decisive role in the events leading up to the fatal shooting of their close relatives, two men aged 21, by a military police officer who was trying to arrest them. Violation of Article 14 taken in conjunction with Article 2 (right to life) in that the authorities had failed to investigate whether the events leading to the deaths might have been racially motivated.
Osman v. Bulgaria
16.02.2006
Eviction of Bulgarian nationals belonging to the Turkish ethnic minority.
Violation of Article 3 (degrading treatment / investigation)
Turan Cakir v. Belgium
10.03.2009
Allegations that the applicant had been subjected to ill-treatment on the basis of racist prejudice during his arrest and while held in police custody. Violation of Article 3 (degrading treatment / investigation).
Violation of Article 3 in conjunction with Article 14 in that the Belgian authorities had not carried out all the necessary measures to examine whether the police officers’ conduct had been discriminatory.
