|
*46 "Of all the forms of inequality, injustice in health is the most
shocking and the most inhuman."(1)
Equal access to quality health care is a crucial issue facing the United
States.(2) For too long, too many Americans have been denied equal access to
quality health care on the basis of race, ethnicity, and gender.(3) Cultural
incompetence of health care providers, socioeconomic inequities, disparate
impact of facially neutral practices and policies, misunderstanding of civil
rights laws, and intentional discrimination contribute to disparities in
health status, access to health care services, participation in health
research, and *47 receipt of health care financing.(4) This disparity in health
care is doubly significant given the devastating racial disparity in health
status that exists. The combination of racial disparity in health status(5),
institutional racism in health care(6) and inadequate legal protection(7) points
to serious human rights violations(8) under the "International Convention on the
Elimination of All Forms of Racial Discrimination"(CERD or Convention).(9)
|
|
FNa1]. This Article is based on the Health Policy discussion of "The White
Privilege Shadow Report" which was submitted to the International Convention
on the Elimination of All Forms of Racial Discrimination (CERD) committee. The
primary modification has been to add a discussion section about the
International Convention on the Elimination of All Forms of Racial
Discrimination, to add more citations and to include relevant appendices.
[FNaa1]. Professor of Law, University of Dayton School of Law; J.D.,
Northwestern School of Law Lewis and Clark College, 1987; M.S.N., University
of Washington, 1978; B.S.N., University of Texas, 1972. Thanks to Makani
Themba- Nixon whose visions on race and health care inspires me, who provided
me with significant professional input, and who did an incredible job editing
the original shadow report. Thanks to my sister Brenda Randall, my brothers
James Ernest Randall and Jerry Randall and to my sons, Tshaka Randall and Issa
Randall, without their continuing support this Article would not exist.
1. [FN1]. This often cited quote is attributed to Dr. Martin Luther King, Jr. However, I have been unable to locate
the original source.
2. [FN2]. See, e.g., UNEQUAL TREATMENT: CONFRONTING RACIAL AND ETHNIC DISPARITIES IN
HEALTH CARE, INSTITUTE OF MEDICINE, COMMITTEE ON UNDERSTANDING AND ELIMINATING
RACIAL AND ETHNIC DISPARITIES IN HEALTH CARE, (Brian D. Smedley et al. eds., 2002) [hereinafter
IOM REPORT]; U.S. COMMISSION ON CIVIL RIGHTS, THE HEALTH CARE CHALLENGE:
ACKNOWLEDGING DISPARITY, CONFRONTING DISCRIMINATION, AND ENSURING EQUALITY,
VOLUME I, THE ROLE OF GOVERNMENTAL AND PRIVATE HEALTH CARE PROGRAMS AND
INITIATIVES 287 (1999) [hereinafter U.S. COMMISSION ON CIVIL RIGHTS I].
3. [FN3]. See, e.g., W. MICHAEL BYRD & LINDA A. CLAYTON, AN AMERICAN HEALTH DILEMMA: A
MEDICAL HISTORY OF AFRICAN AMERICANS AND THE PROBLEM OF RACE: BEGINNINGS TO 1900
(2000) [hereinafter BYRD & CLAYTON, AN AMERICAN DILEMMA I]; W. MICHAEL BYRD & LINDA A.
CLAYTON, AN AMERICAN HEALTH DILEMMA: A MEDICAL HISTORY OF AFRICAN AMERICANS
AND THE PROBLEM OF RACE: 1900 TO PRESENT (2002) [hereinafter BYRD & CLAYTON, AN
AMERICAN DILEMMA II); U.S. COMMISSION ON CIVIL RIGHTS I, supra note 2.
4. [FN4]. See, e.g., U.S. COMMISSION ON CIVIL RIGHTS I, supra note 2; U.S. COMMISSION ON CIVIL
RIGHTS, ACKNOWLEDGING DISPARITY, CONFRONTING DISCRIMINATION, AND ENSURING
EQUALITY, VOLUME II: THE ROLE OF FEDERAL CIVIL RIGHTS ENFORCEMENT 438 (1999) [hereinafter
U.S. COMMISSION ON CIVIL RIGHTS II].
5. [FN5]. U.S. COMMISSION ON CIVIL RIGHTS I, supra note 2; U.S. COMMISSION ON CIVIL RIGHTS II,
supra note 4.
6. [FN6]. Supra note 5.
7. [FN7]. Id.
8. [FN8]. Id.
9. [FN9]. There has been a long history of appealing to the international community to attempt to address domestic
race issues. See, e.g., Henry J. Richardson, III, Gulf Crisis and African-American Interests Under International
Law, 87 AM. J. INT'L L. 42, 71-72 (1993); Gay J. McDougall, Toward a Meaningful International Regime: The
Domestic Relevance of International Efforts to Eliminate All Forms of Racial Discrimination, 40 HOW. L.J. 571
(1997).
|
