The Personal Protection from Racial Discrimination in the Conditions of Fight against Terrorism

Author Name(s): Ekaterina A. Khuzina*, Gabdrakhman H. Valiev
Author Email: eka5551@rambler.ru

Abstract

In the context of the globalization of the economy and the integration of interstate relations, as well as the short-sighted policies of the leaders of some countries, there has appeared a serious danger of terrorist acts of various groups that have arisen on religious grounds. In such circumstances, the likelihood of racial discrimination is high. Racism needs neither explanation nor analysis. Its ineradicable slogans spread like a tide, which at any moment can flood any society. The existence of racism does not require justification. This categorical statement, as absolute as the unprovable one, means that racism has all the signs of an axiom. Accessible to all, albeit not universally accepted, racism is the more effective the more vaguely it is, and the more dynamic the more obvious it seems. The purpose of this work is to investigate the complex of criminally-legal and criminological problems of combating the incitement of national, racial or religious hatred in the conditions of terrorism. The article also proposes the scientific development of proposals and recommendations aimed at improving preventive activities, criminal legislation, as well as the practice of its application.

Introduction

The Universal Declaration of Human Rights which laid the foundation of international human rights law, has enshrined that “All human beings are born free and equal in their dignity and rights” [1].

International legal acts adopted within the framework of the United Nations (hereinafter UN) impose a number of obligations on states and set before them the task of eliminating discrimination on the basis of nationality and race. However, the events taking place in the world, among which are the terrorist acts of September 11, 2001 in the United States, and a series of terrorist acts in Paris, in the Moscow metro, in the city of Volgograd, in the city of St. Petersburg, in Iran and other countries, as well as the current migration crisis in the countries of Europe, actualize the problem of race discrimination and demand its solution.

The fight against terrorism that has taken place in the States since the events of 11 September, 2001 has in some cases led to changes in legislation or regulations that are directly or indirectly discriminatory, in particular on the basis of citizenship, ethnic or religious affiliation, and even more discriminatory practice on the part of state bodies.  Unfortunately, the fight against terrorism pushes back human rights norms, resulting in illegal arrests, and extradition of criminals to foreign countries, discrimination and violation of human rights. Attempts which had also being made to present some counter-terrorism strategies as consistent with these rights, while in reality they are not, also fight against human rights. All these tendencies discredit the true value of human rights.

At present, the general situation in the Russian legal system is characterized by the absence of a single terminology and a uniform approach to the formulation of legal prescriptions and prohibitions related to equality. A number of federal laws (the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation) contain the concept of “discrimination”, but all these acts use the term “discrimination” without its definition and in unequal contexts. The concept of “discrimination” also used in part 3,Article 37 of the Constitution of the Russian Federation and in Article 3 of the Labor Code of the Russian Federation, but without definition and explanation.

Conclusion

Although equality of citizens’ rights on racial and ethnic grounds in Russia is subject to administrative and criminal-legal protection, as already noted however, it is extremely difficult to prove the fact of discrimination on the basis of nationality. Judicial practice in cases related to discrimination is absent as a whole in our country. Racial discrimination did not become subject to judicial review and was not reflected in court decisions.

All of the above requires the state to pursue policies and take specific measures aimed at preventing discrimination and eliminating conditions conducive to discrimination. After all, responding to the threat of terrorism should not, in turn, undermine the values of freedom, democracy, justice, the rule of law and human rights and humanitarian law, because such efforts are aimed at protecting these values, and also that it is should not in any way undermine the protection and development of these values.

Acknowledgements

The work is carried out according to the Russian Government Program of Competitive Growth of Kazan Federal University.

References

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