Simone Lawson
Xenophobia is a form of discrimination and hatred towards people from other countries. It can be based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. While the US Constitution does not explicitly mention xenophobia, it does provide protections against discrimination and ensure equality before the law. For example, the International Covenant on Civil and Political Rights, to which the US is a signatory, includes a commitment to non-discrimination and equal protection of the law. This means that the US government has an obligation to respect the rights of all people within its territory, regardless of their background. However, there have been concerns that some US policies, such as the travel ban and anti-Sharia legislation, are discriminatory and infringe on the constitutional rights of Muslims and non-Muslims.
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What You'll Learn
Equality before the law
The constitution protects against xenophobia by guaranteeing equality before the law and equal protection of the law without any discrimination. This means that everyone within a country's territory is subject to the same rights and protections under the law, regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
For example, in the United States, the Travel Ban has been criticised as a discriminatory policy that infringes on the constitutional rights of Muslims and non-Muslims. The ban disproportionately affects Muslims by preventing nationals from five Muslim-majority countries from entering the United States, which hinders their right to equality before the law.
Similarly, anti-Sharia legislation enacted by US state legislatures has been deemed xenophobic and discriminatory, as it fails to comply with the International Covenant on Civil and Political Rights (ICCPR) and disproportionately affects Muslims. These policies subject Muslims to unwarranted surveillance, profiling, exclusion, and discrimination based on their national origin and religion.
To uphold the principle of equality before the law, it is essential that governments and legislatures work together to rescind discriminatory policies and legislation that infringe on the rights of certain groups. This includes ensuring that all laws and policies comply with international human rights standards, such as those set out in the ICCPR.
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Freedom of religion
The constitution protects from xenophobia by guaranteeing freedom of religion. This means that everyone has the right to practice their religion without interference from the state. It also means that the state cannot favour one religion over another. This is a basic principle of human rights, as outlined in the International Covenant on Civil and Political Rights, which states that everyone should enjoy their rights without distinction of any kind, including religion.
Anti-Sharia legislation enacted by US state legislatures has been criticised as discriminatory and xenophobic, as it infringes on the constitutional rights of Muslims and non-Muslims within US territory. This legislation also subjects Muslims to unwarranted surveillance, profiling, exclusion, and discrimination along the lines of racial and ethnic backgrounds, as determined by their national origin and religion.
Islamophobia, which is recognised as a form of xenophobia and discrimination based on religious and national origin, aims to single out, exploit, and exclude Muslims. It is based on the distorted ideology that views Muslims and Islam as inferior to Judaism and Christianity and as a threat to "Western" civilisation.
The ICCPR, or the International Covenant on Civil and Political Rights, calls for the adaptation of special measures by signatory states to ensure the right of all peoples to pursue their economic, social, and cultural development. However, the US Government has been criticised for attempting to rationalise policies that reproduce racialised outcomes, citing existing inequalities as beyond their control.
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Freedom from discrimination
The constitution protects people from xenophobia by guaranteeing freedom from discrimination. Non-discrimination, together with equality before the law and equal protection of the law without any discrimination, constitute a basic and general principle relating to the protection of human rights. Article 2, paragraph 1, of the International Covenant on Civil and Political Rights obligates each State party to respect and ensure to all persons within its territory and subject to its jurisdiction the rights recognised in the Covenant without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Anti-Sharia legislation is inherently discriminatory and xenophobic, and fails to comply with Articles 2(1), 18(1), 26 and 27 of the ICCPR, and General Comment No. 18 of the UN Human Rights Committee. These policies infringe on the constitutional rights of Muslims and non-Muslims within US territory, disproportionately affecting Muslims.
Islamophobia is recognised as a form of xenophobia and discrimination based on religious and national origin that aims to single out, exploit, and exclude Muslims. This belief forms the basis of a distorted ideology that views Muslims and Islam as inferior to Judaism and Christianity, as well as a threat to “Western” civilisation.
The ICCPR calls for the adaptation of special measures by signatory states to ensure the right of all peoples to pursue their economic, social, and cultural development. However, the US Government attempts to rationalise policies that reproduce racialised outcomes, citing existing inequalities as having manifested from conditions beyond the government’s control.
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Right to pursue economic, social, and cultural development
While the International Covenant on Civil and Political Rights (ICCPR) calls for the adaptation of special measures by signatory states to ensure the right of all peoples to pursue their economic, social, and cultural development, the US Government attempts to rationalize policies that reproduce racialized outcomes, citing existing inequalities as having manifested from conditions beyond the government’s control.
The ICCPR obligates each State party to respect and ensure to all persons within its territory and subject to its jurisdiction the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. This means that the US government is obligated to respect the rights of all people within its territory, regardless of their national origin or religion.
However, policies such as the Travel Ban and anti-Sharia legislation are inherently discriminatory and xenophobic, and fail to comply with the ICCPR. The Travel Ban discriminates on the basis of national origin, hindering the right to equality before the law, or equal protection of the law, and bars nationals from five Muslim-majority countries from entering the United States. Anti-Sharia legislation also disproportionately discriminates against Muslims by preventing Sharia from being considered in court rulings.
These policies and legislation at the federal and state levels further subject Muslims to unwarranted surveillance, profiling, exclusion, and discrimination along the lines of racial and ethnic backgrounds, as determined by their national origin and religion. Islamophobia is a form of xenophobia and discrimination based on religious and national origin that aims to single out, exploit, and exclude Muslims. It forms the basis of a distorted ideology that views Muslims and Islam as inferior to Judaism and Christianity, as well as a threat to “Western” civilization.
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Right to equality
The right to equality is a fundamental principle enshrined in the constitution, which protects individuals from discrimination and ensures that all people are treated equally under the law. This right is protected by both international and domestic law, including the International Covenant on Civil and Political Rights (ICCPR) and the United Nations International Covenant on Civil and Political Rights, Human Rights Committee Nineteenth Session (1983), General Comment No. 11.
Article 2, paragraph 1, of the ICCPR states that each State party must respect and ensure the rights recognised in the Covenant without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. This means that States cannot discriminate against individuals on the basis of their nationality or any other factor when it comes to the protection of their human rights.
In the United States, the right to equality is protected by the Constitution, which guarantees equal protection of the law for all people within US territory. This means that the government cannot enact laws or policies that discriminate against certain groups of people, such as Muslims. However, in recent years, there have been concerns that the US government has enacted policies that reproduce racialised outcomes and infringe on the constitutional rights of Muslims and non-Muslims.
For example, the Travel Ban, which discriminates on the basis of national origin and prevents nationals from five Muslim-majority countries from entering the United States, has been criticised as a discriminatory policy that targets citizens and lawful residents who adhere to Islam. Additionally, anti-Sharia legislation enacted by US state legislatures has been found to be in violation of the ICCPR and General Comment No. 18, as it disproportionately discriminates against Muslims by preventing Sharia from being considered in court rulings.
These policies and legislation at the federal and state levels subject Muslims to unwarranted surveillance, profiling, exclusion, and discrimination along the lines of racial and ethnic backgrounds, as determined by their national origin and religion. This form of Islamophobia, which is recognised as a type of xenophobia, aims to single out, exploit, and exclude Muslims, viewing them as inferior to Judaism and Christianity and a threat to "Western" civilisation.
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Frequently asked questions
The constitution protects against xenophobia by ensuring non-discrimination, equality before the law and equal protection of the law without any discrimination. This means that the state must respect and ensure the rights of all persons within its territory and subject to its jurisdiction without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Anti-Sharia legislation is an example of a xenophobic policy. This type of legislation infringes on the constitutional rights of Muslims and non-Muslims within US territory, disproportionately affecting Muslims.
Anti-Sharia legislation subjects Muslims to unwarranted surveillance, profiling, exclusion, and discrimination along the lines of racial and ethnic backgrounds, as determined by their national origin and religion.
Article 20 of the International Covenant on Civil and Political Rights states that any propaganda for war and any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
The Travel Ban is an example of a xenophobic policy that violates the International Covenant on Civil and Political Rights. The ban discriminates on the basis of national origin, hindering the right to equality before the law, or equal protection of the law, and bars nationals from five Muslim-majority countries from entering the United States.
