February 7, 2008

Racial Discrimination

During its Consideration of the Fourth, Fifth, and Sixth Periodic Reports ofthe United States of America

CERD 72nd Session

I. Summary
II. Violation of the Obligation to Review Governmental Policies and to Propagate the Principles of ICERD: Article 2.1
Convention Standards and Concerns
Illustration: Constituent States of the United States are Unaware of ICERD..
Failure to inform states about ICERD..
Failure to review state policies
Recommendations to the Committee
III. Violation of the Right to Equality before the Law: Article 5
Convention Standards and Concerns
Illustration: Discriminatory Treatment of Haitian Refugees
Inequality before the law on the high seas and in US territorial waters
Inequality before the law after arrival and in refugee resettlement
Recommendations to the Committee
IV. Violation of the Right to Equal Treatment before the Courts: Article 5(a)
Convention Standards and Concerns
Illustration: Racial Disparities in the Sentencing of Youth to Life without Parole
Recommendations to the Committee
V. Violation of the Right to Non-Discrimination in Protection against Bodily Harm: Article 5(b)
Convention Standards and Concerns
Illustration: Corporal Punishment in US Public Schools
Recommendations to the Committee
VI. Violation of the Right to Non-Discrimination in the Enjoyment of the Right to Family Unity: Article 5(c)
Convention Standards and Concerns
Illustration: Failure to Protect the Family Unity and Nonrefoulement Rights of Non-Citizens Deported for Crimes
Recommendations to the Committee
VII. Violation of the Right to Non-Discrimination in the Enjoyment of the Right to Health: Article 5(e)(iv)
Convention Standards and Concerns
Illustration: Racial Disparities in the Prevalence of HIV/AIDS
Recommendations to the Committee
VIII. Violation of the Right to Non-Discrimination in the Enjoyment of Effective Protection against Arbitrary and Indefinite Detention and to Fair Trial Procedures: Article 6
Convention Standards and Concerns
Illustration: Non-Citizens Denied the Right to Adequate Judicial Review of Detention Decisions and to Fair Trial Procedures
Recommendations to the Committee
IX. Acknowledgments
X. Appendices