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advertising and financing of housing. The Fair Housing Amendments Act of 1988
now provides the federal Government with substantially improved enforcement
powers, the right to file suit on behalf of aggrieved parties in the Federal
Court and the right to impose substantial monetary damages to defendants.
101. The Commission on Civil Rights is the major machinery for fighting
discrimination in the United States. Its mandate has grown considerably as
the scope of civil rights has expanded over the years. Today, the Commission
is charged with investigating patterns of discrimination or denial of equal
protection of the laws on the basis of race, colour, religion, sex, age,
disability or national origin. Since its creation in 1957, the Commission has
established facts and recommended solutions. Although it has no enforcement
authority, its investigations into the effects of discrimination have proved
relevant and accurate. Over the years, the Commission’s findings and reports
have furnished the basis for countless public and private actions to combat
inequality of opportunity in the United States. The Commission’s
recommendations have found their way into numerous laws, executive orders and
policies. Civil rights acts from 1960 onwards reflect Commission
recommendations. Two major examples of such recommendations that have become
law are Title VI of the 1964 Civil Rights Act, which prohibits discrimination
in federally assisted programmes, and the Voting Rights Act of 1965, which
provided for the assignment of federal examiners to areas where citizens
experience difficulty in registering to vote.
102. As is clear from the preceding paragraphs, there is no lack of
legislation against racism and racial discrimination in the United States.
Without wishing to repeat himself, the Special Rapporteur has drawn on
numerous accounts and documents provided by reliable sources and has concluded
that all too often the law is circumvented or violated by federal or State
agents and individuals. In addition, economic and social conditions inherited
from the past, which the law has not yet succeeded in totally eliminating,
restrict its impact. As a result, de facto segregation may persist, for
economic reasons, in housing and education, even though the law prohibits any
form of segregation; de facto segregation may also persist in access to health
care. Victims of police brutality may, because of their lack of education or
resources, be unaware of the remedies available to them to obtain redress.
103. For its part, the Commission on Civil Rights recognizes the limits of the
law when it says the following:
"Although the successes of some minorities and women may make it appear
to some that civil rights are the norm in America, in fact, they are not.
Civil rights law enforcement in areas such as education, housing,
employment, and economic development has deteriorated steadily in recent
years, and today, is incapable of meeting the social and economic
challenges facing our increasingly diverse Nation. Failure to realize the
promise of civil rights laws is a root cause of the rising tensions among
our diverse racial and ethnic communities." 66/
104. In other words, even when cases of racism or racial discrimination are
brought before the courts, the victims do not always obtain redress, on
account of the growing reluctance of many judges to take into account a racist
intent or motive in dealing with crimes. This trend among the judiciary is