An Examination of 28 Grounds of Prohibited Discrimination in the Draft Inter-American Convention Against Racism and All Forms of Discrimination and Intolerance

Abstract

Article 1.1 of the Draft Inter-American Convention Against Racism and All Forms of Discrimination and Intolerance (Draft Convention) includes 28 different grounds upon which discrimination cannot be based.1 While this is a larger number of grounds than any single convention addressing discrimination has yet included, the list is simultaneously underinclusive and overinclusive, presents no clear basis upon which some grounds were included while others were not, and creates an overly complicated system of addressing discrimination. Thus, the final Inter-American Convention Against Racism and All Forms of Discrimination and Intolerance (Inter-American Convention) should focus on racial discrimination alone, in order to strengthen its provisions, eliminate internal contradictions, and create a more effective instrument.