David Keane - Caste-based Discrimination in International Human Rights Law
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CASTE-BASED DISCRIMINATION IN INTERNATIONAL HUMAN RIGHTS LAW
To Dr Bhimrao Ramji Ambedkar (18931956)
DAVID KEANE
Brunei University, UK
First published 2007 by Ashgate Publishing
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright 2007 David Keane.
David Keane has asserted his right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
Keane, David
Caste-based discrimination in international human rights
law
1. Human rights - Religious aspects - Hinduism 2. Caste
Law and legislation 3. Caste - India
I. Title
341.485
Library of Congress Cataloging-in-Publication Data
Keane, David, 1978
Caste-based discrimination in international human rights law / by David Keane.
p. cm.
Includes index.
ISBN 978-0-7546-7172-5
1. Race discrimination--Law and legislation. 2. Race discrimination--Law and
legislation --India. I. Title.
K3242.K43 2007
342.54087--dc22
2007009698
ISBN 13: 978-0-754-67172-5 (hbk)
CERD | Committee on the Elimination of Racial Discrimination |
ICERD | International Convention on the Elimination of All Forms of Racial Discrimination |
INC | Indian National Congress |
OBC | Other Backward Classes |
SC | Scheduled Castes |
ST | Scheduled Tribes |
UNESCO | United Nations Educational, Scientific and Cultural Organization |
Treaties and Declarations
Charter of the United Nations
59 Stat. 1031, T.S. 993, 3 Bevans 1153, 24 October 1945
Universal Declaration of Human Rights
Adopted and proclaimed by General Assembly resolution 217 A (III), 10 December 1948
Discrimination (Employment and Occupation) Convention (No. 111) concerning Discrimination in respect of Employment and Occupation (1958), adopted by the General Conference of the International Labour Organization (42nd session)
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
754 U.N.T.S. 74 (1970)
International Convention on the Suppression and Punishment of the Crime of Apartheid
13 I.L.M. 50, UN Doc. A/9030 (1973)
Covenant on Economic, Social and Cultural Rights
UN Doc. A/6316 (1966), General Assembly Resolution 2200A (XXI) (1976)
Draft Covenant on Civil and Political Rights, Commission on Human Rights, 1950
UN Doc. E/CN.4/SR.175 (1950)
Covenant on Civil and Political Rights
UN Doc. A/6316 (1966), General Assembly Resolution 2200A (XXI)
Protocol Additional to the Geneva Conventions of 12 August 1949, Relating to the Protection of Victims of International Armed Conflicts
1125 U.N.T.S. 3, 42 (1977)
World Conference to Combat Racism and Racial Discrimination, Geneva
UN Doc. A/33/18 (1978)
Vienna Convention on the Law of Treaties
115 U.N.T.S. 331, 8 I.L.M. 679 (1980)
Convention on the Elimination of All Forms of Discrimination against Women
UN Doc. A/34/46, 34 UN GAOR Supp. (No.46) (1981)
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
UN Doc. A/36/51, General Assembly Resolution 36/55 (1981)
Convention on the Rights of the Child
UN Doc. A/44/49, 44 U.N. GAOR Supp. (No. 49) at 167 (1990)
Report of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
A/CONF. 189/12 (2002)
International Declaration on the Elimination of All Forms of Racial Discrimination 1963
Preparation of a draft declaration and a draft convention on the elimination of all forms of religious intolerance
UN Doc. A/5217, General Assembly resolution 1781 (XVII) (1962)
The United Nations Declaration on the Elimination of All Forms of Racial Discrimination 1963
Y.U.N. 1964, 346, General Assembly Resolution 1904 (XVIII)
International Convention on the Elimination of Racial Discrimination (ICERD) 1965 and Travaux Prparatoires
Report of the 16th session of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities (13-31 January 1964), UN Doc. E/CN.4/873
Report of the 20th Session of the Commission on Human Rights (17 February-18 March 1964), Economic and Social Council Official Records, UN Doc. E/3873
Report of the 20th session of the Third Committee of the General Assembly of the United Nations (11 October-15 December 1965), Agenda Item 58, UN Doc. A/6181
General Assembly Plenary Meeting, 21 December 1965, UN Doc. A/PV.1406
The International Convention on the Elimination of All Forms of Racial Discrimination 1965
660 U.N.T.S. 195, General Assembly Resolution 2106 A (XX)
Committee on the Elimination of Racial Discrimination
General Recommendations:
General Recommendation I: States Parties Obligations (1972)
General Recommendation IV: On the Demographic Composition of the Population, UN Doc. A/9018
General Recommendation VII: Legislation to Eradicate Racial Discrimination (1985) UN Doc. A/40/18
General Recommendation VIII: Identification with a Particular Racial or Ethnic Group (1990), UN Doc. A/45/18
General Recommendation XI: Non-Citizens (1993), UN Doc. A/46/18
General Recommendation XIV: Definition of Discrimination (1993), UN Doc. A/48/18
General Recommendation XV, Organized Violence based on Ethnic Origin (1995), UN Doc. A/48/18
General Recommendation IXX: Racial Segregation and Apartheid, UN Doc. A/50/18
General Recommendation XXIV: Reporting of Persons belonging to Different Races, National/Ethnic Groups, or Indigenous Peoples (1999), UN Doc. A/54/18
General Recommendation XXIX: Descent-based Discrimination (2002), UN Doc. A/57/18
General Recommendation XXX: Discrimination against Non-Citizens (2005), CERD/C/64/Misc.11/rev.3 (2004)
Select State Reports
CERD/C/IND/19 (2006), Periodic Report - India
CERD/C/299/Add.3 (1996), Periodic Report - India
CERD/C/304/Add.13 (1996), Concluding Observations - India
CERD/C/298/Add.1 (1997), Periodic Report - Nepal
CERD/C/304/Add.61 (1998), Concluding Observations - Nepal
CERD/C/337/Add.4 (1999), Periodic Report - Nepal
CERD/C/304/Add.l08 (2001), Concluding Observations - Nepal
CERD/C/58/Misc.17/Rev.3 (2001), Concluding Observations - Japan
CERD/C/58/Misc.26/Rev.3 (200l), Concluding Observations - Bangladesh
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