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.

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

4. The World Factbook,
Central Intelligence Agency (2011)

5. Life Expectancy - Males
Rank State Years
1 San Marino 80
2 Japan 79
9 Canada 78
30 Cuba 76
White American Male 76
35 Chile 75
44 Barbados 72
57 Bahamas 71
75 Jamaica 69
Black American Male 69
2008 World Health Organization and 2008 Health, United States

6. Life Expectancy
Females
Rank State Years
1 Japan 86
4 Switzerland 84
9 Canada 83
29 United Kingdom 81
White American Female 81
33 Cuba 80
39 Barbados 79
46 Bosnia and Herzegovina 78
55 Bahamas 77
Black American Female 77
2008 World Health Organization and 2008 Health, United States

7.  Lowincome whites live
+3 years longer than low income blacks
 Middleincome whites live +10
years longer than middle income blacks

8. 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

10. Lack of broad statutory
definition discrimination
Intentional Negligence
Strict
Reckless Liability
If Criminal Law and Tort Law, why
not Anti-Discrimination Law?? 10

12. “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 all public
authorities and public
institutions, national and local,
shall act in conformity with this
obligation.”

13. Each State Party shall take ef fective
measures to review governmental,
national and local policies, and to
amend, rescind or nullify any
laws and regulations which have
the ef fect of creating or
perpetuating racial
discrimination wherever it exists.

14. 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.”

15. 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

16. • 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

17. • 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

19.  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

20. Vernellia R. Randall
Professor of Law
The University of Dayton
School of Law
300 College Park
Dayton, OH 45469-2772
randall@udayton.edu
Professor Vernellia Randall, Black Health: Law as a Social Determinant 20