ICERD makes the state responsible for eliminating discrimination through coercive measures.
With the adoption of ICCPR Article 20 and particularly ICERD Article 4, European states abandoned their principled opposition to international hate-speech prohibitions; as a result, the 1970s saw a dramatic increase in new or expanded hate-speech laws in Europe.
ICCPR Article 20 and ICERD Article 4 have always set forth limited exceptions to the fundamental individual freedoms of expression and religion meant to protect individuals from violence or discrimination, not religious beliefs from criticism.
ICERD Article 4 provoked similar controversy during the drafting of that treaty.
By December 1998, ICERD
had received 151 ratifications, which qualified it, according to an ILO Report (1999), as 'the most widely ratified of the United Nations human rights conventions.
Article 1(4) of the ICERD
, for example, excludes from the definition of "racial discrimination" "special measures" (such as affirmative action policies).
are restricted to formal equality and special measures.
In her view the ICERD
is relevant as a moral commitment that should cause us to look to our national conscience and reconsider our criminal justice policies, regardless of whether it can every support a cognizable claim in an American court.
47) The most significant instrument in this context is the ICERD
, article 4 of which states that the signing and ratifying States agree to:
The United Nations General Assembly adopted ICERD
in 1965 and currently has 176 signatory parties.
9) It is true that many of the provisions of ICERD
are similar to those already contained in federal and state constitutions and legislation.
Government blocs took various positions on the list of victims and grounds for discrimination: Mexico with a non-exhaustive list; the EU, US, Australia, Brazil and Canada with an exhaustive list that included "sexual orientation" and "disabilities"; and the Asian and African countries that preferred ICERD
and UDHR language.