Race, Racism and the Law 
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Article 5(e) Economic Social and Cultural Rights

United States Report on Convention on Elimination of All Forms of Racial Discrimination,
  Initial Country Report (Sept, 2000). 

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 Economic Social and Cultural Rights. Article 5(e)(i) guarantees equality and non-discrimination with regard to the right to work, to free choice of employment, to just and favorable conditions of work, to protection against unemployment, to equal pay for equal work, and to just and favorable remuneration. As a matter of law and regulation, this obligation is met; in practice, however, significant disparities continue. The sources or causes of socio-economic differences are complex and depend on a combination of societal conditions, such as the state of the national and local economies, continued racial and ethnic discrimination in education and employment, and individual characteristics, such as educational background, occupational experiences, and family background.

Although some narrowing of economic status among various racial and ethnic groups has occurred in recent years, substantial gaps persist. For example, in 1998 the median incomes of White non-Hispanic households and of Asian and Pacific Islander households ($42,400 and $46,600, respectively) were much higher than those of Black and Hispanic households ($25,400 and $28,300, respectively). By one 1993 measure, the median wealth (net worth) of White households was nearly 10 times that of Black and Hispanic households. In 1998, the poverty rate among Blacks (26.1 percent) was more than triple the poverty rate of White non-Hispanics (8.2 percent). The poverty rate among Hispanics (25.6 percent) was not statistically different from that of Blacks. According to data from the 1990 decennial census, the poverty rate for American Indians, Eskimos and Aleuts was 30.9 percent in 1989. In the same year, the poverty rate was 9.8 percent for Whites, 29.5 percent for Blacks, and 14.1 percent for Asians and Pacific Islanders.

The pervasiveness of child poverty is of particular concern. Since 1993, poverty rates for children under 18 years within the United States have fallen, but differences among racial and ethnic groups remain high. Between 1993 and 1998, the poverty rate for White children fell 2.7 percentage points to 15.1 percent. The rate for Black children fell even more, from 46.1 percent to 36.7 percent, but was still twice as high as the rate for White children. The rate for Hispanic children fell from 40.9 percent in 1993 to 34.4 percent in 1998, but was not statistically different from the rate for Black children in 1998. By comparison, the rate for Asian and Pacific Islander children in 1998 was 18.0 percent, not statistically different from the rate for White children, and the same as in 1993 (18.2 percent).

In 1989, the poverty rate for American Indian, Eskimo and Aleut children was 38.3 percent [note 6]. In the same year, the poverty rate was 12.1 percent for White children, 39.5 percent for Black children, and 16.7 percent for Asian and Pacific Islander children.

Although there has been an unmistakable increase in inequality both overall and among racial and economic groups in the United States since the mid-1970's, some trends indicate movement toward greater economic equality. As a result of fiscal discipline, investments in the American people, and increased trade, the United States is in the midst of the longest economic expansion in its history. The unemployment rate for Blacks has fallen from an average of 14.2 percent in 1992 to an average of 7.7 percent in 2000 - the lowest rate on record. Since 1993, the poverty rate for Blacks has dropped from 33.1 percent to 26.1 percent in 1998 - another record low. Also, the unemployment rate for Hispanics has dropped from an average of 11.6 percent in 1992 to an average of 5.8 percent in 2000; and the poverty rate for Hispanics as fallen to 25.6 percent, the lowest since 1979.

With regard to other social and cultural rights, as the percentage of immigrants living in the United States has increased in recent years, larger numbers of individuals primarily speak languages other than English. While the number of individuals who speak or understand English and another language is also increasing, this diversity in languages has been met with calls for official language policies or legislation that requires that only English be spoken in the workplace. The present administration has taken the position that an "Official English" law would effectively exclude Americans who are not fully proficient in English from employment, voting, and equal participation in society and be subject to serious constitutional challenge. (Statement of Administration Policy, H.R. 123, 104th Congress).

 

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Same level:
Equality Before Tribunals ] Discrimination by Law Enforcement ] Overrepresentation in the criminal justice system ] Disparities in Sentencing ] Capital Punishment ] Prisons ] Article 5(b) Security of Person ] Article 5(c) Political Rights ] Article 5(d) Other Civil Rights ] [ Article 5(e) Economic Social and Cultural Rights ] Article 5(f) Access to Public Accommodations ]
Child Level:
Home ] Up ] Employment Discrimination ] Protection of  Workers ] Unions ] Housing ] Health and Health Care ] Environmental Justice ] Education and Training ] Cultural Activities ]
Parent Level:
Introduction ] General Report ] Legal Prohibition ] U.S. Reservations, Understandings and Declarations ] Compliance with Specific Articles ] Article 1 - Racial Discrimination ] Article 2 ] Art 3 Condemn Racial Segregation and Apartheid ] Article 4 Eliminate Incitements or Acts of Discrimination ] Article 5 Equality Under the Law ] Article 6 Assure Effective Protection and Remedies ] Article 7 Adopt Measures ] Conclusion ]
Units:
[Race and Racial Groups] [Citizenship Rights]  [Justice and Race] [Patterns of Basic Needs] [Intersectionality Issues] [Human Rights]
 

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Friday, October 05, 2001  

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Thanks to Derrick Bell and his pioneer work: 
Race, Racism and American Law
(1993).