CERD Awareness Series – Article 2

From Words to Action: The State’s Duty to Eliminate Racial Discrimination

1. Why Article 2 Matters

If Article 1 of CERD defines what racial discrimination is, Article 2 sets out the duty to act. It makes clear that condemning racism in words is not enough. States must take deliberate, practical, and sustained measures to root it out in every sphere of society.

For Scotland, this is especially relevant. We are a country enriched by diversity, but also one where ethnic minority communities continue to face barriers in employment, housing, health, education, and representation. Article 2 reminds us that tackling racism is not optional; it is a legal duty and moral obligation.

2. What Article 2 Requires

Article 2 obliges governments to:

• Reject racial discrimination in all its forms.
• Ensure public bodies and institutions do not engage in discriminatory practices.
• Review and amend laws and policies that directly or indirectly create inequality.
• Adopt proactive measures not only to remove barriers but to promote equality.
• Implement special measures (sometimes temporary, targeted initiatives) to accelerate equality where communities face entrenched disadvantages, ensuring fairer outcomes and fuller participation.

The message is clear: governments cannot be passive. Silence and inaction are themselves forms of complicity.

3. Scotland’s Progress and Ongoing Gaps

Scotland has taken meaningful steps forward:

• Public Sector Equality Duties require organisations to embed equality in their decision-making.
• The Race Equality Framework and Action Plans provide roadmaps to tackle systemic inequalities.
• Awareness campaigns and training have helped shift public understanding of racism from individual prejudice to structural injustice.

Yet, as the UN CERD Committee noted in its 2023 review, challenges remain:

• Implementation gaps: Too often, strategies exist on paper without clear accountability or measurable impact.
• Persistent employment barriers: Ethnic minority people face higher unemployment and underemployment despite strong qualifications.
• Representation gaps: Decision-making spaces do not reflect Scotland’s diversity.
• Persistent inequalities: In housing, health, and justice outcomes, ethnic minority communities remain disproportionately affected.

This shows that while the frameworks exist, delivery is uneven. Good intentions must translate into tangible change in people’s lives.

4. Lived Realities Behind the Law

Every gap in implementation is not just a policy shortfall; it is someone’s lived experience.

Take Amina, a young Scottish woman of African descent. Despite graduating with top marks, she struggled to secure interviews in her chosen field. When she finally gained employment, she noticed colleagues with fewer qualifications advancing ahead of her. Amina’s story echoes a wider reality: research shows ethnic minority graduates in Scotland face greater barriers in the labour market, regardless of their skills.

Article 2 exists precisely for cases like Amina’s. It demands that governments and institutions not only outlaw discrimination but actively dismantle the barriers that hold back people like her.

These are not abstract principles, they are daily realities for many, and they reveal why action matters.

5. A Call to Action for Scotland

Article 2 challenges us to ask: Are we doing enough?

For Scotland to fully embody its commitment to CERD, we must:

• Strengthen accountability: Public duties should come with transparent monitoring, reporting, and consequences for inaction.
• Ensure representation: Diverse communities must not only be included but genuinely empowered in leadership and decision-making.
• Focus on outcomes, not just promises: Success must be measured by lived improvements, not by policy documents.
• Build genuine trust: Engagement with ethnic minority communities must be continuous, meaningful, and co-created not tokenistic.

6. Key Takeaways

• Article 2 = Action. States must actively dismantle racism, not just reject it in words.
• Scotland’s progress is real but incomplete. Frameworks exist, but impact is inconsistent.
• People’s lives are at stake. Every gap in implementation is a gap in someone’s rights.
• The way forward: Accountability, representation, and genuine, measurable outcomes.

⚖️ CERD Article 2 calls us to transform commitments into realities for every community, in every corner of Scotland.

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