Transcript Global-Perspectives... - Fair Housing Council of San Diego

Fair Housing A Global Perspective
Fair Housing Law and Litigation Conference
San Diego, CA
February 11, 2015
U. S. Constitution
• “all treaties made or
which shall be made
under the authority of
the United States,
shall be the Supreme
Law of the Land”
• Article VI
The U.S. is a Signatory on Two Treaties
that Protect Human Rights
• International
Covenant on Civil and
Political Rights
(ICCPR) – 1992
• International
Convention on the
Elimination of all
Forms of Racial
Discrimination
(ICERD) - 1994
Rights Under ICERD
• ICERD is legally binding for member State
parties; the United States as a signatory is
obligated to uphold and implement all
provisions of the Convention.
Fair Housing is a Protected Right
Under International Law
Article 1 - Definition of Racial
Discrimination
“Any distinction, exclusion, restriction or
preference based on race, color, descent or
national or ethnic origin which has the
purpose or effect of nullifying or impairing
the recognition, enjoyment or exercise, on
an equal footing, of human rights and
fundamental freedoms in the political,
economic, social, cultural or any other field
of public life.” Article 1 (ICERD)
Article 2 Eliminate Racial
Discrimination
• Not to engage in any act or practice of racial
discrimination;
• To ensure that all public authorities and
institutions do not engage in any act or
practice of racial discrimination;
• Not to sponsor, defend or support racial
discrimination by any person or organisation;
• To review policies and to amend or nullify
any laws and regulations which have the
effect of creating or perpetuating racial
discrimination.
Article 2
• Article 2 (2) allows for special measures
(also named as affirmative action,
affirmative measures or positive action)
for the benefit of racially or ethnically
disadvantaged groups or individuals.
General Recommendation 32
• “to treat in an equal manner persons or
groups whose situations are objectively
different will constitute discrimination in
effect, as will the unequal treatment of
persons whose situations are objectively
the same.” Paragraph 8
General Recommendation 32
• A wide range of measures are possible,
including “the full span of legislative,
executive, administrative, budgetary and
regulatory instruments, at every level in the
State apparatus, as well as plans, policies,
programmes and preferential regimes in
areas such as employment, housing,
education, culture, and participation in public
life for disfavoured groups, devised and
implemented on the basis of such
instruments.” Paragraph 13
Article 3 – Racial Segregation and
Apartheid
• Article 3 prohibits all forms of racial
segregation in all countries, including
unintended segregation in housing
and/or education.
• States also have the obligation to
eradicate the consequences of such
practices undertaken or tolerated by
previous Governments.
Article 4 -Prohibition of racial
incitement
• The dissemination of
ideas based upon racial
superiority or hatred;
• Incitement to racial
discrimination;
• Acts of violence or
incitement to such acts
against any race or group
of persons of another
colour or ethnic origin;
• Provisions of any
assistance to racist
activities, including their
financing.
Article 5 - Equality in the Enjoyment of
Rights
• Right to equal treatment
before the tribunals and all
other organs administrating
justice;
• Right to security of person
and protection by the State
against violence or bodily
harm, whether inflicted by
government officials or by
any individual group or
institution;
• Right to a whole series of
political, civil rights,
economic, social and
cultural rights;
Article 6 – Remedies for Racial
Discrimination
States are obliged to assure everyone
within their jurisdiction has:
• Effective protection and remedies against
any acts of racial discrimination; and
• the right to seek just and adequate
reparation or satisfaction for any damage
suffered as a result of such discrimination.
Article 7 - Education
Article 7 requires States to adopt immediate
and effective measures, particularly in the
fields of teaching, education and culture:
• To combat prejudice which lead to racial
discrimination; and
• Promote understanding, tolerance and
friendship among nations and racial or
ethnic groups;
General Recommendation 13
• “In the implementation of
Article 7 of the
Convention, the
Committee calls upon
States parties to review
and improve the training
of law enforcement
officials so that the
standards of the
Convention as well as the
Code of Conduct for Law
Enforcement Officials
(1979) are fully
implemented.”
General Recommendation 17
• Promote respect for human rights and the
exercise thereof, free from any
discrimination, as expressly stated in Article 5
of ICERD;
• Examine official policies towards the
protection against racial discrimination;
• Monitor laws so that they comply with the
provisions of ICERD;
• Educate the public as to the obligations
which the States parties assume under
ICERD.
CERD Concluding Observations of the
United States
• On August 29, 2014
the Committee on the
Elimination of Racial
Discrimination
Released its findings
on the United States
of America’s
compliance with the
ICERD
Relevant Observations of the CERD
• Ensuring the availability
of affordable and
adequate housing for all,
including by effectively
implementing the
Affirmatively Furthering
Fair Housing requirement
by the Department of
Housing and Urban
Development, across all
agencies administering
housing programmes;
CERD Recommendations
• Strengthening the
implementation of
legislation to combat
discrimination in housing,
such as the Fair Housing
Act and Title VIII of the
Civil Rights Act of 1968,
including through the
provision of adequate
resources and increasing
the capacity of the
Department of Housing
and Urban Development;
CERD Recommendations
• Undertake prompt,
independent and thorough
investigation into all cases
of discriminatory practices
by private actors, including
in relation to discriminatory
mortgage lending practices,
steering and red-lining;
• Hold those responsible to
account; and
• Provide effective remedies,
including appropriate
compensation, guarantees
of non-repetition and
changes in relevant laws
and practices.
CERD Recommendations
• It also recommends that
the State party allocate
sufficient resources to
ensure effective access to
legal representation …in
civil proceedings,
particularly with regard to
proceedings that have
serious consequences for
their security and
stability, such as
evictions, foreclosures…
Conclusions
• Fair Housing is a Protected Human Right
• The Duty to Affirmatively Further Fair
Housing is a mandatory duty under
international law
• Discrimination based upon Disparate Effect
and Unequal Treatment are covered under
international law
• We should use this newly discovered tool
throughout “the full span of legislative,
executive, administrative, budgetary and
regulatory instruments”