David Keane's Caste based discrimination human rights PDF

By David Keane

ISBN-10: 0754671720

ISBN-13: 9780754671725

Offering an research of the removal of racial discrimination in foreign legislations, this ebook assesses the move opposed to racial discrimination, which has ruled human rights discourse because the UN's inception. It evaluates the thoughts that experience proficient the paintings of the UN treaty-based and charter-based our bodies during this region, and maps a brand new course that strikes from standard-setting to implementation. during the lens of the Hindu caste method, the booklet seeks to supply a benchmark at the achievements of the foreign neighborhood in combatting all varieties of racial discrimination, and the rules that needs to tell destiny measures. The booklet could be of curiosity to lecturers, researchers and policy-makers operating within the components of overseas human rights and legislations.

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Introduction 11 the ICERD makes a clear differentiation between racial discrimination and the narrower concept of race in article 1(1). Or, as Thornberry states: it is an obvious point – but easily missed – that the umbrella term for the Convention is ‘racial discrimination’, not race. Thus, racial discrimination is given a stipulative meaning by the Convention: as precisely the five terms set out in Article 1, which means ‘race’ but four other terms as well. 55 Based on this legal understanding of the term, it is submitted that the Indian caste system is a form of racial discrimination.

E. 14, 32. 32 The Sanskrit word jati means ‘position fixed by birth’. 15, 285, entry 5187. 33 Galanter, M. (1984), Competing Equalities; Law and the Backward Classes in India (Berkeley, CA: University of California Press), 7. Andre Beteille’s definition of a jati is ‘a small and named group of persons characterized by endogamy, hereditary membership, and a specific style of life which sometimes includes the pursuit by tradition of a particular occupation and is usually associated with a more or less distinct ritual status in a hierarchical system’; Beteille, A.

M. Tagore, writing in the nineteenth century, hinted that the caste system might lie at the source of inequality when he sought ‘the light that the discussion of the caste system throws upon the great ethnic problem of man’s origination’:57 Whatever the future inquiries of philosophers may decide upon the problem, the discussion of the caste system in India evidently establishes some important positions. 1. That the civilization of the world has been developed, or rather has grown up as it were, under a hierarchy of castes …58 It has been suggested that the caste system was, in its ancient form, a division based on skin colour.

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Caste based discrimination human rights by David Keane

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