CERD Awareness Series – Article 5 (Part 1)

Equality Before the Law- Turning Rights into Reality

Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) lies at the very core of human rights protection. It declares that everyone is equal before the law and entitled to the full and equal enjoyment of civil, political, and economic rights without distinction of race, colour, descent, or national or ethnic origin.

In essence, Article 5 transforms the ideal of equality into a living standard. It reminds states and societies that justice is not truly justice if it is not fair, accessible, and inclusive for all.

The Scottish Context: Equality as a Living Principle

In Scotland, this principle resonates deeply. Our society continues to grow more diverse, drawing strength from a tapestry of cultures, languages, and histories. Yet, for many within ethnic minority communities, equality before the law remains a work in progress an aspiration more than a daily experience.

While Scotland’s legal and institutional frameworks have evolved over the years through anti-racism strategies, the establishment of equality bodies, and ongoing commitments to embed international human rights standards into domestic law, lived experiences often reveal gaps between commitment and implementation.

Reports and community feedback consistently highlight disparities: unequal representation within public institutions, lack of trust in the justice system, and barriers to reporting discrimination or hate crimes. These experiences are not merely statistics they are stories of people who still encounter obstacles when seeking fairness, protection, or redress.

Progress and Promise

There has been genuine progress. Scotland has positioned itself as a nation striving to uphold human rights and inclusion. The Scottish Government’s ongoing development of a Human Rights Bill aims to enshrine equality and anti-racism more firmly within the law. Civil society, too, has played an essential role. BEMIS have continued to amplify community voices and advocate for meaningful participation of ethnic minority groups in decision-making processes.

But progress must be protected by persistence. Ensuring equality before the law is not only about preventing discrimination; it is about creating systems that see, hear, and value everyone equally.

Challenges that Remain

For too many, the justice system can still feel distant or inaccessible. Structural inequalities, unconscious bias, and cultural or linguistic barriers can all erode confidence in public systems. Victims of hate crimes may hesitate to report, fearing dismissal or traumatisation. Representation within legal and political institutions remains uneven, affecting the visibility and influence of ethnic minority voices in shaping policy and law.

To live up to Article 5, equality must be woven into every layer of governance, community life, and institutional practice.

At BEMIS Scotland, we believe that rights awareness is a foundation for empowerment. Through this CERD Awareness Series, we are translating complex legal principles into relatable, community-grounded conversations. Our goal is to help communities understand how international commitments like CERD connect directly to everyday realities- employment, policing, civic participation, education, and justice.

We also call upon policymakers, institutions, and civil society partners to strengthen collaboration. Ensuring equality before the law is not the responsibility of one actor, it is a shared mission rooted in fairness, dignity, and respect for all.

True equality is not passive. It must be intentionally pursued, continuously reviewed, and courageously defended.

⚖️ CERD in Scotland: From Commitment to Action

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