Human Rights ResearchTHE US

Human Rights plays a major part in the historical and current United States, they re legally protected by the United States constitution. Human Rights were first attributed to the US in 1775 of the abolishment to slavery in British America. Holding to these principles, the United States Constitution, adopted in 1787, created a republic that guaranteed several rights and civil liberties. Those rights and liberties were further codified in the Bill of Rights (the first ten amendments of the Constitution) and subsequently extended over time to more universal applicability through judicial rulings and law and reflecting the evolving norms of society slavery being constitutionally abolished in 1865 and women's suffrage being established nationally in 1920. In the 20th century, the United States took a leading role in the creation of the United Nations and in the drafting of the Universal Declaration of Human Rights. Much of the Universal Declaration of Human Rights was modeled in part on the U.S. Bill of Rights. In the latter part of the 20th century, however, the US has participated in few of the international human rights treaties, covenants and declarations adopted by the UN member states. In the 21st century, the US actively attempted to undermine the Rome Statute of the International Criminal Court. The United States government has been criticized for human rights violations both domestically and overseas, particularly in the criminal justice system and in national security issues, as well as for its treatment of sexual orientation in the realms of anti-discrimination laws and same-sex marriage. The American Declaration of Independence was the first civic document that met a modern definition of human rights. The Constitution recognizes a number of inalienable human rights, including freedom of speech, freedom of assembly, freedom of religion, the right to keep and bear arms, freedom from cruel and unusual punishment, and the right to a fair trial by jury.

Racial Discrimination in the US

Background Information
The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution guarantees that the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. In addition, Fifteenth Amendment to the United States Constitution prohibits the denial of a citizen of the right to vote based on that citizen's race, color, or previous condition of servitude. The United States was the first major industrialized country to enact comprehensive legislation prohibiting discrimination on the basis of race and national origin in the workplace in the Civil Rights Act of 1964.In addition to individual civil recourse, the United States possesses anti-discrimination government enforcement bodies, such as the Equal Employment Opportunity Commission, while only the United Kingdom and Ireland possess faintly analogous bureaucracies. Beginning in 1965, the United States also began a program of affirmative action which not only obliges employers not to discriminate, but also requires them to provide preferences for groups protected under the Civil Rights Act to increase their numbers where they are judged to be underrepresented In colonial America, before slavery became completely based on racial lines, thousands of African slaves served European colonists, alongside other Europeans serving a term of indentured servitude. In some cases for African slaves, a term of service meant freedom and a land grant afterward, but these were rarely awarded, and few former slaves became landowners this way.

In the 19th century, although substantial gains were made in the succeeding decades through middle class advancement and public employment, black poverty and lack of education deepened in the context of deindustrialization. Prejudice, discrimination, and institutional racism continued to affect African Americans. From 1981 to 1997, the United States Department of Agriculture discriminated against tens of thousands of African American farmers, denying loans provided to white farmers in similar circumstances. White Americans played a role in electing Barack Obama, the country's first black president. However, according to exit polls, over sixty percent of white Americans voted for McCain. Racial divisions persisted throughout the election; wide margins of Black voters gave Obama an edge during the presidential primary, where 8 out of 10 African-Americans voted for him in the primaries, and an MSNBC poll showed that race was a key factor in whether a candidate was perceived as being ready for office. In South Carolina, for instance, Whites were far likelier to name Clinton than Obama as being most qualified to be commander in chief, likeliest to unite the country and most apt to capture the White House in November. Blacks named Obama over Clinton by even stronger margins two- and three-to one in all three areas.".[43]Anti-Semitism has also played a role in America. During the late 19th and early 20th centuries, hundreds of thousands of Ashkenazi Jews were escaping the pogroms of Russia and Eastern Europe. They boarded boats from ports on the Baltic Sea and in Northern Germany, and largely arrived at Ellis Island, New York. Minority racism is sometimes considered controversial because of theories of power in society. Some theories of racism insist that racism can only exist in the context of social power to impose it upon others The U.S. has long had experienced conflict and reconciliation between ethnic minority groups. Historians point out after a period of conflict, ethnic and racial groups can band together in solidarity. For example, the competing Irish-American and Italian-American groups once held animosity against each other in the early 20th century, would later merge and also with Polish-Americans, German-Americans and FrenchCanadians in the U.S. because of the commonality as "ethnics" and Roman Catholics in a primarily Protestant Anglo America by the 1940s and '50s. The modern American consciousness on race will consider descendants of European ethnic groups assimilated to become part of the larger "White American" group. In the 1960s & '70s, African-American and Puerto Rican political activism banded together to battle the common problems of racial discrimination and poverty in many urban areas across the US like in New York City. Groups against Racism Organizations known for anti-racist and civil rights activism are the NAACP (National Association of the Advancement of Colored People), the SPLC (Southern Poverty Law Center), the ADL (Anti-Defamation League), the Mexican American Legal Defense and Education Fund, the National Council of La Raza representing Latinos, the American-Arab Anti-Discrimination Committee , the National Italian American Foundation, the Japan Society of America , and the National Congress of American Indians among others. They aim to expose the racism and discrimination in its many forms in order to combat them. Historical Anti-Racism

Opposition to racism revived in the 1920s and 1930s. At that time, anthropologists such as Franz Boas, Ruth Benedict, Margaret Mead, and Ashley Montagu argued for the equality of humans across races and cultures. Eleanor Roosevelt was a very visible advocate for minority rights during this period. Socialist organizations like the Industrial Workers of the World, which gained some popularity during the Great Depression, were explicitly egalitarian. Beginning with the Harlem Renaissance and continuing into the 1960s, many African-American writers, including James Weldon Johnson, Langston Hughes, Richard Wright, and James Baldwin argued forcefully against racism.

During the Civil Rights Movement, Jim Crow laws were repealed in the South and blacks finally re-won the right to vote in Southern states. U.S. Civil Rights movement leader Dr. Martin Luther King Jr. was an influential force, and his "I Have a Dream" speech is an exemplary condensation of his equal opportunities ideology.
Civil Rights Act of 1964

An act to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States of America to provide relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

HUMAN RIGHTS MOVEMENT Every woman, man, youth and child has the human right to freedom from discrimination based on gender, race, ethnicity, sexual orientation or any other status, and to other fundamental human rights dependent upon realization of the human right to freedom from discrimination. These human rights are explicitly set out in the Universal Declaration of Human Rights, the International Covenants, the Convention on the Rights of the Child and other widely adhered to international human rights treaties and Declarations -- powerful tools that must be put to use in efforts to eliminate all forms of discrimination. The Human Right to Freedom from Discrimination entitles every woman, man, youth and child to fundamental human rights including: The human right to freedom from any distinction, exclusion, restriction or preference based on gender, race, colour, national or ethnic origin, language, religion, political or other opinion, age, or any other status, which has the purpose or effect of impairing the enjoyment of human rights and fundamental freedoms

The human right to equality between men and women and to equal partnership in the family and society The human right to equality between the boy-child and girl-child in all areas, including education, health, nutrition, and employment. The human right of all persons to freedom from discrimination in all areas and levels of education, and to equal access to continuing education and vocational training. The human right to work and receive wages that contribute to an adequate standard of living The human right to equal remuneration for equal work The human right to the highest attainable standard of health The human right to live in a safe and healthy environment The human right to participate in shaping decisions and policies affecting one's community, on the local, national and international level

Quote: All human beings are born free and equal in dignity and rights.... Everyone is entitled to ... rights ... without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.... All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.... Everyone, without any discrimination, has the right to equal pay for equal work...." --Universal Declaration of Human Rights, Articles 1, 2, 7, and 23(UN)

UN US RACIAL DISCRIMINATION ARTICLE(COPYRIGHT) U.N to U.S.: Stop Racial Discrimination

The United Nations question the treatment of immigrants in the United States and urged U.S. officials to bolster efforts to combat discrimination against racial and ethnic minorities. The critique by 18 independent members of the U.N. s Committee on the Elimination of Racial Discrimination (CERD) called on the U.S. government to take several steps to fulfill its obligations under an international treaty it ratified in 1994. The committee recommended the U.S. government take the following steps:

Approve the Civil Rights Act of 2008 to ensure the rights of minority and immigrant workers, including undocumented workers. Combat nationwide racial profiling by law enforcement officials. Strengthen affirmative action legislation designed to combat discrimination. Tackle the problem of violence against minority and immigrant women, especially domestic workers. Eliminate criminal defense programs that disproportionately affect low-income minorities. The United was making its first appearance before CERD since 2001. Since then, in the wake of the 9/11 terrorist attacks, there have been widespread human rights violations directed by the federal government, especially against Arabs, Muslims and South Asians according to CERD members. The committee also pointed to systematic racial discrimination against African Americans, Hispanics and other minority groups. You need to intensify your efforts at all levels to combat this very alarming phenomenon, Linos-Alexander Sicilianos, a member of the panel, told the U.S. delegation, according to the Associated Press. The panel also questioned the U.S. death penalty and the practice of sentencing minors to life without parole. Whether we are speaking of the Roma in Europe, African-Americans in the United States, or others, on this day, we must not only acknowledge the continuing problem of racial discrimination, but solutions, said Congressman Alcee L. Hastings, (D-FL). CERD periodically reviews the performances of 173 that ratified the 1969 Convention on the Elimination of Racial Discrimination. The 18 independent panel members include one American.

HUMAN RIGHT UN ARTICLE(Copyright, raw form)

According to the UN Global Compact and UN Alliance of Civilizations, diversity in the workplace is becoming an increasingly important issue for companies, driven by:

* Demographics: High levels of labour migration (both on a domestic and international basis) may elicit feelings of anxiety among certain groups in host countries. If the newcomers are also conspicuous ethnic minorities, they might be confronted with a prejudiced response * Globalisation of operations: Companies are rapidly expanding into regions where legal frameworks and political attitudes might not be conducive to fostering amicable multi-culturalism * Proliferation of anti-discrimination laws: As more countries sign and ratify international instruments prohibiting workplace discrimination based on a variety of characteristics, companies need to become aware of their legal obligations in each operational setting3 * Escalating discrimination in the workplace: In many cases, employees can be subject to multiple discrimination, in which intolerance is demonstrated in reference to one or more (often intertwined) characteristics; for example migrant

status, skin colour, language capabilities etc.4 The ILO notes that discrimination of this nature has been increasing in recent years due to, among other things, the deepening of economic inequalities along religious, racial or ethnic lines5 Discrimination can stem from both direct and indirect actions by employers: * Direct discrimination is straightforward; for example, considering a job applicants ethnic background as a pivotal determinant in the recruitment process * Indirect discrimination involves an apparently neutral law or practice that has a disproportionately negative impact on a particular group and which has no objective job-related justification Companies are likely to face particular challenges in their pursuit of equal treatment among ethnic minorities in the workplace when they operate in contexts characterised by: * Legal discrimination: Laws in this category might favour one ethnic group over another or promulgate the general repression of minorities. Labour laws that create barriers for certain groups to access particular jobs or work in specific sectors could fall into this category. An extreme example of this could be found in the case of Apartheid South Africa, where MNCs operating in the country would technically have been obliged to abide by racist and discriminatory laws in the workplace. Legal discrimination can also be of a positive nature. In the US, for example, there are a number of federal legal requirements aimed at enhancing the opportunities of certain disadvantaged groups (for example, AfricanAmericans) through preferential treatment. When operating in a country with affirmative action requirements, companies may be required to analyse their workforce in order to identify areas where minorities are underrepresented. They may then be required to establish goals rectifying any imbalances, for example through targeted recruitment campaigns.19 * Lack of legal protection: In certain cases, ethnic minorities will either not be officially recognised as such under national law (and so not enjoy specific protection against discrimination and other abuses). In other cases, these minorities may be recognised, but not enjoy any specific legal protection under national law. For example, Turkish law does not recognise national, racial or ethnic minorities amongst its citizens. This is despite the fact that it is estimated that 18% of the population are of Kurdish origin and 7-12% are of other minorities.20 * Lack of political will: Even if legal safeguards for ethnic minorities exist at the national level, if there is an implementation shortfall, the risk of infringement of the rights of these groups is more likely. For example, the US Department of State reports that whilst the Chinese government recognises a range of ethnic minorities (e.g. Hui, Uighurs, Kazakhs and Kyrgyz) and calls for preferential treatment in birth planning, university admission, access to loans, and employment, in reality the the substance and implementation of ethnic minority policies remains poor. As a result, discrimination against ethnic minorities is reportedly widespread. An example of this can be found in the Xinjiang Uighur Autonomous Region, where the regional government reportedly took measures to dilute expressions of Uighur identity, including measures to reduce education in ethnic minority languages.21 * Lack of capacity: If young people from particular ethnic groups do not have equal access to education, they are likely to be at a socio-economic disadvantage for their entire life. This can relegate minority group members to unskilled or low skilled jobs, which can in turn lead to unjustified stigmatisation as to their intelligence, capabilities or ambitions. For instance, even though Brazils commitment to the protection and promotion of human rights has intensified in recent years, compared to Brazilians of European descent, far fewer Afro-Brazilians enrol in advanced education and acquire the skills needed for well paid jobs. Despite making up almost half of the population, the US Department of State notes that Afro-Brazilians were significantly underrepresented in the government, professional positions, and the middle and upper classes. * Widespread social/acceptance of minority discrimination: Discrimination may be used to maintain the advantages (whether economic, political, social or educational) of one ethnic group at the expense of others. Power disparities can, over time, be solidified through unequal access to education and/or public life. For example, in India it is a punishable offence to practice untouchability (i.e. a severe form of discrimination against Dalits and other members of scheduled castes). Nonetheless, this form of discrimination remains common with abuses including attacks, social boycotts and discrimination in accessing health, education and legal services.22 According to a 2001 census, Dalits made up around 16 percent of the overall population.

National legal frameworks in states that have adopted a strong legal regime regarding discrimination define a number of traits upon the basis of which discrimination is illegal, consistent with international precepts. In this category, the US has a particularly sophisticated federal anti-discrimination regime enforced by the US Equal Employment Opportunity Commission (EEOC). The relevant legislation is Title VII of the Civil Rights Act of 1964. Whilst clearly not directly applicable to many emerging market scenarios, this legislation nonetheless sets out some important principles, that are likely to be reflected in legislation in a number of countries if not now, then certainly in the future. The Civil Rights Act prohibits harassment or any other employment action based on * Affiliation with a particular religious or ethnic group * Physical, cultural, or linguistic characteristics, such as accent or dress associated with a particular religion, ethnicity, or country of origin * The perception or belief that a person is a member of a particular racial, national origin, or religious group whether or not that perception is correct * Association with a person or organisation of a particular religion or ethnicity n jurisdictions like the UK and US, breaches of non-discrimination legislation can be serious and multifaceted:

* A 2005 class action discrimination lawsuit52 in the US against Sodexo (a French food services and facility management company with multi-national operations), settled for US$80 million, proves that litigation can be immensely costly. In this case, 10 lead plaintiffs and 3,000 African-American employees successfully claimed they were not being promoted at the same rate as their white colleagues between 1998 and 2004. The allegations included that the companywide promotion process is uncontrolled and entirely subjective, virtually guaranteeing racial bias. As a part of the settlement, Sodexo was compelled to improve diversity practices in the workplace, especially those governing hiring and promotions. * In November 2004, the EEOC settled a US$50 million lawsuit53 filed against apparel company Abercrombie & Fitch on behalf of a group of African Americans, Asian Americans, Latinos and women allegedly subjected to discrimination in recruitment, hiring, assignment, promotion and discharge based on race, colour, national origin, and sex. As part of the settlement, Abercrombie & Fitch agreed to improve hiring, recruitment, training, and promotions policies, revise marketing material and select a Vice President of Diversity * In 1999, a lawsuit was brought against Coca-Cola alleging racial discrimination against 2,000 current and former African-American employees. The case centred on race discrimination in promotions, compensation and evaluations. Coca-Cola denied the allegations but agreed to settle the lawsuit for US$192.5 million
Ethnicity and race

The link between race and ethnicity is supported by Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which notes that for the purposes of the convention: the term racial discrimination shall apply to any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin.78 Similarly, the ILO notes in its report, Equality at Work: Tackling the Challenges, generally speaking, any discrimination against an ethnic group is considered to be racial discrimination.79 Minority groups

There is no internationally agreed definition of which groups constitute minorities, mainly due to the variety of situations in which they live (e.g. geographically concentrated or not, with a strong sense of collective identity/or a well-remembered or recorded history, or not etc).

Nevertheless, the most commonly used description of a minority by the UN can be summed up as a non-dominant group of individuals who share certain national, ethnic, religious or linguistic characteristics which are different from those of the majority population. Article 27 of the International Covenant on Civil and Political Rights (ICCPR) notes, for example, that: In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. Examples of ethnic minorities include the Kurds in Iran and Turkey, Brazilians of African descent and Chinese in South Korea.

In rare instances, an ethnic group that has a numerical majority might be subjected to inferior treatment (e.g. the black population in Apartheid South Africa). In such cases the majority can, in effect, be considered a minority for the purposes of discrimination due to their relative lack of empowerment. Discrimination

The ILO has adopted the Convention Concerning Discrimination in Respect of Employment and Occupation (No. 111) (1958), which defines discrimination in the following terms:80

* Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation * Such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers and workers organisations, where such exist, and with other appropriate bodies

Country Risk of Discrimination

Human rights impacts

Right to equality before the law, equal protection of the law and non-discrimination (ICCPR, Article 26): Discrimination and marginalisation, as well as an absence of suitable work-based grievance mechanisms may hinder ethnic minority workers from seeking remedies for human and labour rights violations. The legal status of ethnic minorities may also impact on their ability to seek remedies for infringements on their rights. For example, undocumented migrant workers that are also members of an ethnic minority group may be fearful of filing grievances with local authorities because their visa status makes them candidates for deportation. Right to freedom of association (ICCPR, Article 22): This type of discrimination may be overt or indirect; a lack of materials available in languages or dialects spoken by ethnic minorities will have the effect of impairing collective bargaining options. In some countries, members of ethnic minority groups may be barred from joining workers organisations. In Jordan, for example, non-citizens are not allowed to join trade unions. Right to enjoy just and favourable conditions of work (ICESCR, Article 7): Elements of this right include equal remuneration for work of equal value, safe and healthy living conditions and the provision of rest, leisure and reasonable limits on working hours. In states where ethnic minorities are not accorded equal treatment under the law, ethnic minority workers might be relegated to dangerous and/or low paying jobs with unequal employment terms. Right to freedom of religion (ICCPR, Article 18): In some cases, ethnic minorities might have religious or cultural attributes that set them apart. Particular religions have practices or aspects of expression related, for example, to prayer, grooming habits, attire or food. In contexts where minorities are subject to discrimination, such religious requirements are unlikely to be reasonably accommodated by employers. (Copied directly from source, most relevant material copied over)