Annapurna Waughray
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David Keane
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CERD and caste- based discrimination
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This chapter examines the emergence of the issue of caste-based discrimination as a violation of International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It explains the role of the Committee on the Elimination of Racial Discrimination (CERD) in the conceptualisation of discrimination on grounds of caste as a form of descent-based racial discrimination under the ICERD. Hence, it is seen as a violation of international human rights treaty law. The chapter charts the evolution and adoption of General Recommendation 29. It also examines the meaning of caste and the nature of rights violations. The chapter engages with State opposition to CERD's interpretation, in particular from India, which rejects the categorisation of caste as a form of descent-based discrimination and therefore a form of racial discrimination. The issue of caste challenges the interpretive approach to the treaty which CERD has adopted from the outset.

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