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

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Page 1: Dying While Black: Black Health Status as a Violation of ICERD

Black Health Status as a Violation of International Convention on Elimination of All Forms of Racial Discrimination

Page 2: Dying While Black: Black Health Status as a Violation of ICERD
Page 3: Dying While Black: Black Health Status as a Violation of ICERD
Page 4: Dying While Black: Black Health Status as a Violation of ICERD

The World Factbook, Central Intelligence Agency (2011)

Page 5: Dying While Black: Black Health Status as a Violation of ICERD

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

Page 6: Dying While Black: Black Health Status as a Violation of ICERD

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

Page 7: Dying While Black: Black Health Status as a Violation of ICERD

Low income whites live +3 years longer than low income blacks

Middle income whites live +10 years longer than middle income blacks

Page 8: Dying While Black: Black Health Status as a Violation of ICERD

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

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Page 9: Dying While Black: Black Health Status as a Violation of ICERD
Page 10: Dying While Black: Black Health Status as a Violation of ICERD

Intentional

Reckless

Negligence

StrictLiability

If Criminal Law and Tort Law, why not Anti-Discrimination Law??

Lack of broad statutory definition discrimination

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Page 11: Dying While Black: Black Health Status as a Violation of ICERD
Page 12: Dying While Black: Black Health Status as a Violation of ICERD

“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.”

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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.

Page 14: Dying While Black: Black Health Status as a Violation of ICERD

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.”

Page 15: Dying While Black: Black Health Status as a Violation of ICERD

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

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• 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

Page 17: Dying While Black: Black Health Status as a Violation of ICERD

• 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

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Page 19: Dying While Black: Black Health Status as a Violation of ICERD

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

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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