Civil Rights During the 1990's: New Treaty Law Could Help Immensely
50 Pages Posted: 23 Jun 2008
Date Written: December 31, 1997
Abstract
This article argues that ratification by the United States of two major international human rights treaties (the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of all Forms of Racial Discrimination (CERD)) should have an impact on civil rights issues in this country. It contends that although many of the rights enumerated in the treaties are similar to those provided for in state and federal constitutions and statutes, there are many areas where the treaty clauses are more protective of individuals' rights. It also asserts that even though the United States ratified both treaties with reservations, civil rights advocates have many avenues available to make use of the treaty provisions in order to protect and to promote human rights in the United States. This is exemplified by issues surrounding affirmative action, which is not only endorsed, but required by both treaties.
This article begins by describing the major substantive provisions and enforcement mechanisms of both treaties. It then discusses the legal standards affecting use of treaties in litigation and includes an analysis of the doctrine of self-executing treaties as well as the validity of the reservations, understandings, and declarations attached to the ratification of both treaties. It concludes by analyzing what effect the treaties can have on the specific constitutional issues affecting affirmative action.
Keywords: international human rights, human rights treaties, International Covenant on Civil and Political Rights, Convention on the Elimination of all Forms of Racial Discrimination, affirmative action, special measures
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