What is the International Convention on the Elimination of All Forms of Racial Discrimination (CERD)?

The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) is an international treaty signed in 1965 and enacted in 1969 by the United Nations General Assembly. It is both a statement of purpose and an international agreement among states to secure human rights, specifically the right of all individuals to be free from discrimination based on race. CERD has the force of law within the countries that have ratified it, including California. It defines racial discrimination as any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise of human rights or fundamental freedoms. The scope of CERD is broad: it applies to all aspects of public life, including the right to nationality, access to public health, national security, employment, social security, and housing. It also requires some forms of discrimination to be criminalized. California has implemented CERD by means of the California Fair Employment and Housing Act, which prohibits discrimination on the basis of race, colour, religion, gender, marital status, physical or mental disability, ancestry, age, national origin, medical condition, sex, or sexual orientation. CERD is an important step in combating racism and promoting respect for the humanity of all people, including those in California. All states that have ratified the treaty are legally obligated to ensure that their laws and practices comply with it. Furthermore, the monitoring of the implementation of CERD’s provisions is done by the Committee on the Elimination of Racial Discrimination, which is composed of independent, expert members who regularly review and report on the progress of each state party.

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