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Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC)
Dissertation (LLM (International Law))--University of Pretoria, 2022.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613442952658945 |
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| access_status_str | Open Access |
| author2 | Nienaber, A.G. (Annelize Gertruida) |
| author_browse | Nienaber, A.G. (Annelize Gertruida) |
| author_facet | Nienaber, A.G. (Annelize Gertruida) |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (International Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/88903 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:13.446Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/88903 Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC) Nienaber, A.G. (Annelize Gertruida) u14206120@tuks.co.za Kabakisa, Mwenewu Carmela UCTD Colourism International law Human rights Democratic Republic of Congo (DRC) Albinism Dissertation (LLM (International Law))--University of Pretoria, 2022. Non-discrimination is a fundamental principle of international human rights law. As seen in several instruments, the principle is enumerated by grounds upon which differentiation is prohibited. An example of this is Article 1(1) of the International Convention on the Elimination of Racial Discrimination (ICERD), which lists “colour” as a ground of “racial discrimination”. From this article, it is not clear whether “colour” can be regarded as independent from “race”. This is problematic because black Congolese persons with albinism experience violence at the hands of their fellow black people, due to their skin colour, which is usually fair tanned as a result of the medical condition. This violence is a form of discrimination known as “intra-racial” colourism and demonstrates that “race” and “colour” are at times distinct from each other. Hence, Article 1(1) of ICERD allows such discrimination, which violates a plethora of rights including the right to life, to perpetuate with impunity. Therefore, this study firstly seeks to identify any indications that “colour” is independent from “race”. This will be done by applying the rules of interpretation as contained in the Vienna Convention on the Law of Treaties (VCLT) to Article 1(1) of ICERD. Thereafter, the study analyses practical examples of the subsuming of “colour” under the ground of “race” in the reporting cycles of the Democratic Republic of Congo (DRC) to the Human Rights Committee (CCPR). Lastly, it examines how the instruments referred to and other measures, may be used to combat “intra-racial” colourism, before setting out recommendations and the overall conclusion of the study. Public Law LLM (International Law) Unrestricted 2023-01-19T11:26:33Z 2023-01-19T11:26:33Z 2023-04-30 2022-06 Dissertation Kabakisa, MC, 2022, Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC), LLM dissertation, University of Pretoria viewed yymmdd https://repository.up.ac.za/handle/2263/88903 A2023 https://repository.up.ac.za/handle/2263/88903 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Colourism International law Human rights Democratic Republic of Congo (DRC) Albinism Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC) |
| title | Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC) |
| title_full | Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC) |
| title_fullStr | Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC) |
| title_full_unstemmed | Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC) |
| title_short | Examining "colour" as a ground of prohibited discrimination in international human rights law with specific reference to the "intra-racial" colourism against persons with albinism in the Democratic Republic of Congo (DRC) |
| title_sort | examining colour as a ground of prohibited discrimination in international human rights law with specific reference to the intra racial colourism against persons with albinism in the democratic republic of congo drc |
| topic | UCTD Colourism International law Human rights Democratic Republic of Congo (DRC) Albinism |
| url | https://repository.up.ac.za/handle/2263/88903 |