E/CN.4/2005/21
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Two candidates with the same qualifications, one belonging to the dominant group and the other
to a minority group in terms of nationality, ethnic group or skin colour, telephoned or wrote
directly to several recruiting officers. The tests proved the existence of discriminatory
instructions or procedures and recruitment methods characterized by a wide range of prejudices
and discriminatory forms of behaviour.
60.
For the time being, there was little unanimity on the use of affirmative action in national
policies to combat racism, at least through “hard-line” measures such as the imposition of
quotas. That was the case, for example, in France and Switzerland, where parliament had
refused to adopt any anti-discrimination policy based on quotas for women. Moreover, such
measures were often viewed as giving unfair advantages - to the detriment of the dominant
group - and as bending the rules of the labour market.
61.
There was a long list of “soft” measures based on encouragement and pragmatism,
including recruitment methods that upheld the principle of non-discrimination and the
application of anti-racist legislation in the workplace. That method could be used systematically
by the persons responsible in all recruitment procedures, in both the public and the private
sectors.
62.
In the ensuing discussions, the observer for Congo asked how the human rights
instruments pertaining to combating discrimination could best be put to use, as the mere
existence of legal instruments did not prevent people from being subjected to discrimination. He
also stressed political will as fundamental in the implementation of non-discriminatory measures.
63.
Vernellia Randall offered several examples of discrimination in employment in the
United States and the usefulness of affirmative action in addressing limitations of access
imposed by discriminatory practices.
B. Racism and health
64.
Vernellia R. Randall, professor of law at the University of Dayton, United States
of America, entitled her presentation “Eliminating the ‘black health deficit’ of African
descendants in the Americas and Europe by ensuring access to quality health care”, and
discussed equal access to quality health care as a crucial issue facing people of African descent
in the diaspora.
65.
Ms. Randall submitted that economic access constituted a significant barrier for people of
African descent who lived in countries without universal health care. Racial barriers to
health care were based, in large part, on the unavailability of services in black communities. The
shortage of black health professionals further affected health-care availability by limiting black
input into the health-care system.
66.
No single approach would adequately address the multifaceted problem of ensuring
access to quality health care for people of African descent. Independent of economics, race
affected access to care and the type and quality of health care received. Consequently, to
improve the health of people of African descent in the Americas and in Europe, it was not
sufficient merely to remove economic barriers to access. Health-care institutions would have to
be more than affordable - they would have to be available and just.