dying while black: black health status as a violation of icerd
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Black Health Status as a Violation of International Convention on Elimination of All Forms of Racial Discrimination
The World Factbook, Central Intelligence Agency (2011)
Life Expectancy - Life Expectancy - Males
2008 World Health Organization and 2008 Health, United States
Rank State Years1 San Marino 802 Japan 799 Canada 7830 Cuba 76 White American Male 7635 Chile 7544 Barbados 7257 Bahamas 7175 Jamaica 69
Black American Male 69
Life ExpectancyLife Expectancy
2008 World Health Organization and 2008 Health, United States
Females
Rank State Years1 Japan 864 Switzerland 849 Canada 8329 United Kingdom 81 White American Female 8133 Cuba 8039 Barbados 7946 Bosnia and Herzegovina 7855 Bahamas 77 Black American Female 77
Low income whites live +3 years longer than low income blacks
Middle income whites live +10 years longer than middle income blacks
HealthMental
Physical
Bio-chemistry
GeneticsDeprivation Oppression
•Wealth/Income
•Education
•Criminal Justice
•Environment
•Health Care
•Housing
•Targeting TGAD*
•Employment
•Food, water, etc.
EmbeddedSocial/RacialInequalities
Individual Behavior and Choices
• Slavery• Legal Apartheid• Racism
**Tobacco, Guns, Alcohol, Drugs
Com
mun
ities
Chronic Stress
Racism
8
Intentional
Reckless
Negligence
StrictLiability
If Criminal Law and Tort Law, why not Anti-Discrimination Law??
Lack of broad statutory definition discrimination
10
“Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that al l public authorit ies and public institutions, national and local, shall act in conformity with this obligation.”
Each State Party shall take ef fective measures to review governmental, national and local policies, and to amend, rescind or null ify any laws and regulations which have the ef fect of creating or perpetuating racial discrimination wherever it exists.
Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization.”
States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the fol lowing rights
• Equal treatment before the tribunals• Security of person and protection against violence
or bodily harm• Political rights• Civil rights• Economic, social and cultural rights, including to
health and housing• Access to any place or service intended for use by
the general public
• The rights to work, • To free choice of
employment,• To just and favorable
conditions of work,• To protection against
unemploymentTo equal pay for equal work
• To just and favorable remuneration;
• To form and join trade unions;
• To housing
• The right to education and training;
• Equal participation in cultural activities;
• Access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks
Recognize multiple forms of discrimination (Intentional, reckless, negligent, strict liability)
Allow both individual and organizational r ight of action
Require deep data collection and reporting
Make all providers and institutions responsible
Pay Prevailing Plaintiff’s Attorney Fees
Allow Punit ive Damages and collect into a fund to provide for health care services and anti-discrimination enforcement. 19
Vernellia R. RandallProfessor of Law
The University of Dayton
School of Law
300 College Park
Dayton, OH [email protected]
Professor Vernellia Randall, Black Health: Law as a Social Determinant 20