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.