| *90 Appendix D
Selected Concluding Observations of the Committee on the Elimination of Racial
Discrimination: United States of America. 14/08/2001.(201)
The Committee on the Elimination of Racial Discrimination, issued a report
outlining its observations regarding the United States compliance. Below are
several paragraphs related to health:
380. The Committee considered the initial, second and third periodic reports
of the United States of America (CERD/C/351/Add.1), submitted as one document,
which were due on 20 November 1995, 1997 and 1999 respectively, at its 1474th,
1475th and 1476th meetings (CERD/C/SR.1474-1476), on 3 and 6 August 2001. At
its 1486th meeting (CERD/C/SR.1486), on 13 August 2001, it adopted the
following concluding observations:
383. In view of the dialogue held, the Committee wishes to emphasize that
irrespective of the relationship between the federal authorities, on the one
hand, and the States, which have extensive jurisdiction and legislative
powers, on the other, with regard to its obligation under the Convention, the
Federal Government has the responsibility to ensure its implementation on its
entire territory.
390. The Committee, concerned by the absence of specific legislation
implementing the provisions of the Convention in domestic laws, recommends
that the State party undertake the necessary measures to ensure the consistent
application of the provisions of the Convention at all levels of government.
392. The Committee also notes with concern the position of the State party
with regard to its obligation under article 2, paragraph 1 (c) and (d), to
bring to an end all racial discrimination by any person, group or
organization, that the prohibition and punishment of purely private conduct
lie beyond the scope of governmental regulation, even in situations where the
personal freedom is exercised in a discriminatory manner. The Committee
recommends that the State *91 party review its legislation so as to render
liable to criminal sanctions the largest possible sphere of private conduct
which is discriminatory on racial or ethnic grounds.
393. The Committee draws the attention of the State party to its obligations
under the Convention and, in particular, to article 1, paragraph 1, and
general recommendation XIV, to undertake to prohibit and to eliminate racial
discrimination in all its forms, including practices and legislation that may
not be discriminatory in purpose, but in effect. The Committee recommends that
the State party take all appropriate measures to review existing legislation
and federal, State and local policies to ensure effective protection against
any form of racial discrimination and any unjustifiably disparate impact.
398. While noting the numerous laws, institutions and measures designed to
eradicate racial discrimination affecting the equal enjoyment of economic,
social and cultural rights, the Committee is concerned about persistent
disparities in the enjoyment of, in particular, the right to adequate housing,
equal opportunities for education and employment, and access to public and
private health care. The Committee recommends that the State party take all
appropriate measures, including special measures according to article 2,
paragraph 2, of the Convention, to ensure the right of everyone, without
discrimination as to race, colour, or national or ethnic origin, to the
enjoyment of the rights contained in article 5 of the Convention.
399. With regard to affirmative action, the Committee notes with concern the
position taken by the State party that the provisions of the Convention
permit, but do not require States parties to adopt affirmative action measures
to ensure the adequate development and protection of certain racial, ethnic or
national groups. The Committee emphasizes that the adoption of special
measures by States parties when the circumstances so warrant, such as in the
case of persistent disparities, is an obligation stemming from article 2,
paragraph 2, of the Convention.
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