Civil Rights During the 1990's: New Treaty Law Could Help Immensely

50 Pages Posted: 23 Jun 2008

See all articles by Constance de la Vega

Constance de la Vega

University of San Francisco School of Law

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

Suggested Citation

de la Vega, Constance, Civil Rights During the 1990's: New Treaty Law Could Help Immensely (December 31, 1997). University of Cincinnati Law Review, Vol. 65, No. 2, 1997, Available at SSRN: https://ssrn.com/abstract=1149877

Constance De la Vega (Contact Author)

University of San Francisco School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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