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B. M. S. v. Australia

Legal case |
B. M. S. v. Australia


(Communication No. 8/1996), UN Doc. CERD/C/54/D/8/1996 (1999)


Article 5 (e) (i) – Equality in the enjoyment of the right to work and free choice of employment:

The complainant claimed that a quota system and examination for overseas doctors were unlawful and constituted racial discrimination.


No violation of article 5 (e) (i):

CERD held that all overseas trained doctors were subject to the same quota system and were required to sit the same written and clinical examinations, irrespective of their race or national origin. Therefore, it cannot be concluded that the quota system works to the detriment of persons of a particular race or national origin.

(Paragraphs 9.2, 10)

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