Mapping the International Convention on the Elimination of All Forms of Racial Discrimination as a Living Instrument
Journal: Human Rights Law Review
Year: 2020

Abstract The ‘living instrument’ doctrine has emerged as a key vehicle for evolution and innovation within the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Originating in the case law of the European Court of Human Rights, the doctrine has been adopted by the Committee on the Elimination of Racial Discrimination and, it is argued, all the United Nations treaty bodies. Yet its origins and meaning under ICERD have not been explored. This article invest