A/HRC/15/18
10.
The Civil Rights Act of 1964 is widely considered one of the most important
references for the prohibition of discrimination in the United States and contains thematic
titles that deal with non-discrimination in a range of areas. Title II prohibits discrimination
on the basis of race, colour, religion or national origin in places of public accommodation,
including, inter alia, lodgings, restaurants and places of entertainment. Title IV provides for
the desegregation of public schools and non-discrimination in admissions to public colleges
and universities. Title VI provides that no person shall be excluded from participating in, or
denied the benefits of, federally funded or assisted programmes or activities on the grounds
of race, colour or national origin. Title VII prohibits discrimination in employment on the
grounds of, inter alia, race, colour and national origin.
11.
Among other pieces of legislation that contain provisions prohibiting racial
discrimination, the Civil Rights Acts of 1866 and 1871 prohibit racial discrimination in
certain criminal and civil matters, the Voting Rights Act of 1965 provides several
safeguards against the introduction of laws and regulations that have a discriminatory
purpose or a discriminatory effect upon the voting rights of minorities and authorizes the
United States Attorney General and individuals to bring lawsuits in federal court to enforce
the guarantees of the Fourteenth and Fifteenth Amendment. The Fair Housing Act prohibits
discrimination on the grounds, inter alia, of race, colour, religion or national origin in the
sale or rental of housing as well as in other residential real estate-related transactions and
residential brokerage services.
12.
Other statutes that protect against racial discrimination include, inter alia, the Civil
Rights Act of 1968, the Equal Credit Opportunity Act, the Violent Crime Control and Law
Enforcement Act of 1994, the anti-discrimination provision of the Immigration and
Nationality Act, the Higher Education Act of 1965, the Equal Educational Opportunities
Act of 1974, the Housing and Community Development Act of 1974 and the Workforce
Investment Act of 1998.
13.
Also, the President of the United States, in furtherance of the Constitution and State
laws, has often issued executive orders prohibiting various types of discrimination,
including discrimination on the bases of race and national origin. Some Executive Orders
also require affirmative action, which is defined in implementing regulations. Most states
have also enacted their own legislation prohibiting racial discrimination in the various areas
where they have jurisdiction. A racially discriminatory act may contravene both state and
federal legislation and, in some cases, local law as well, each jurisdiction having its own
sanction.
14.
Finally, as the United States uses a common law system, jurisprudence is a
significant source of guarantees and protections for its citizens, including people of African
descent. Landmark decisions, especially those of the United States Supreme Court, have
established legal benchmarks in upholding the right to non-discrimination for racial
minorities such as people of African descent.
15.
An important recent development regarding anti-discrimination legislation and
practice in the United States is the gradual rolling back of affirmative measures introduced
during the 1960s and 1970s and aimed at overcoming the effects of past societal
discrimination. This process continues, as racism is often perceived as a thing of the past,
and wider American society as “colour blind”. In several meetings with NGOs it was
mentioned that there is a need for a specific non-discrimination law containing affirmative
measures and positive action as well as a shift in the burden of proof in cases of
discrimination brought before courts.
6
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