Black Health Status as a Violation of International Conventionon Elimination of All Forms of Racial Discrimination
The World Factbook,Central Intelligence Agency (2011)
Life Expectancy - Males Rank         State                              Years1     San Marino                             ...
Life Expectancy                        FemalesRank             State                                       Years1    Japan...
 Lowincome whites live +3 years longer than low income blacks Middleincome whites live         +10 years longer than mid...
Communities                                  • Slavery                                      Individual                    ...
Lack of broad statutory         definition discrimination Intentional         Negligence                                  ...
“Each State Party undertakes toengage in no act or practice of racialdiscrimination against persons, groupsof persons or i...
Each State Party shall take ef fectivemeasures to review governmental,national and local policies, and toamend, rescind or...
Each State Party shall prohibit andbring to an end, by all appropriatemeans, including legislation as requiredby circumsta...
States Parties undertake to prohibit and to  eliminate racial discrimination in all its forms  and to guarantee the right ...
•   Equal treatment before the tribunals•   Security of person and protection against violence    or bodily harm•   Politi...
•   The rights to work,           •   The right to education and•   To free choice of                 training;    employm...
   Recognize multiple forms of discrimination    (Intentional, reckless, negligent, strict liability)   Allow both indiv...
Vernellia R. RandallProfessor of LawThe University of DaytonSchool of Law300 College ParkDayton, OH 45469-2772randall@uday...
Dying While Black: Black Health Status as a Violation of ICERD
Dying While Black: Black Health Status as a Violation of ICERD
Dying While Black: Black Health Status as a Violation of ICERD
Dying While Black: Black Health Status as a Violation of ICERD
Dying While Black: Black Health Status as a Violation of ICERD
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Dying While Black: Black Health Status as a Violation of ICERD

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A discussion of health status, violation of international convention on elimination of all forms of racial discrimination and the elements of an anti-discrimination law for 21st century.

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  • Professor Vernellia R. Randall Law as a Social Determinant of Health: Black Health Status June 24, 2011
  • Professor Vernellia R. Randall Law as a Social Determinant of Health: Black Health Status June 24, 2011
  • Professor Vernellia R. Randall Dying While Black: Color-Blind Racism and Eliminating the Slave Health Deficit
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  • Black American Health: Law as a Determinant June 24, 2011 Professor Vernellia Randall
  • Dying While Black: Black Health Status as a Violation of ICERD

    1. 1. Black Health Status as a Violation of International Conventionon Elimination of All Forms of Racial Discrimination
    2. 2. The World Factbook,Central Intelligence Agency (2011)
    3. 3. Life Expectancy - Males 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 2008 World Health Organization and 2008 Health, United States
    4. 4. Life Expectancy FemalesRank 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 2008 World Health Organization and 2008 Health, United States
    5. 5.  Lowincome whites live +3 years longer than low income blacks Middleincome whites live +10 years longer than middle income blacks
    6. 6. Communities • Slavery Individual • Legal Apartheid Behavior and • Racism Choices •Wealth/Income Chronic Stress Deprivation •Education Genetics Oppression •Criminal Justice •Environment Health •Health Care Mental •Housing Physical Embedded •Targeting TGAD* Social/Racial •Employment Bio-chemistry Inequalities •Food, water, etc. Racism 8**Tobacco, Guns, Alcohol, Drugs
    7. 7. Lack of broad statutory definition discrimination Intentional Negligence Strict Reckless LiabilityIf Criminal Law and Tort Law, whynot Anti-Discrimination Law?? 10
    8. 8. “Each State Party undertakes toengage in no act or practice of racialdiscrimination against persons, groupsof persons or institutions and toensure that all publicauthorities and publicinstitutions, national and local,shall act in conformity with thisobligation.”
    9. 9. Each State Party shall take ef fectivemeasures to review governmental,national and local policies, and toamend, rescind or nullify anylaws and regulations which havethe ef fect of creating orperpetuating racialdiscrimination wherever it exists.
    10. 10. Each State Party shall prohibit andbring to an end, by all appropriatemeans, including legislation as requiredby circumstances, racial discriminationby any persons, group or organization.”
    11. 11. 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 following rights
    12. 12. • 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
    13. 13. • The rights to work, • The right to education and• To free choice of training; employment, • Equal participation in cultural• To just and favorable activities; conditions of work, • Access to any place or• To protection against service intended for use by unemployment the general public, such as To equal pay for equal work transport hotels, restaurants, cafes, theatres and parks• To just and favorable remuneration;• To form and join trade unions;• To housing
    14. 14.  Recognize multiple forms of discrimination (Intentional, reckless, negligent, strict liability) Allow both individual and organizational right of action Require deep data collection and reporting Make all providers and institutions responsible Pay Prevailing Plaintiff’s Attorney Fees Allow Punitive Damages and collect into a fund to provide for health care services and anti- discrimination enforcement. 19
    15. 15. Vernellia R. RandallProfessor of LawThe University of DaytonSchool of Law300 College ParkDayton, OH 45469-2772randall@udayton.edu Professor Vernellia Randall, Black Health: Law as a Social Determinant 20

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