A/HRC/11/36/Add.3 page 25 that are prima facie non-discriminatory, but that have disparate effects for certain racial or ethnic groups; and problems that arise from the overlap of class, specifically poverty, and race or ethnicity. 86. Instances of direct discrimination and concrete racial bias still exist and are most pronounced with regards to law enforcement agencies. Despite the clear illegality of racial profiling under the fourteenth amendment, recent evidence shows practices that still prevail in law enforcement, such the disparity in the rate of arrests of minority and white drivers stopped by the police (see para. 52). In the educational system, evidence also shows racial bias in the type of disciplinary action given to white or minority students (see para. 64). In the justice system, evidence of racial bias in conviction rates and length of sentences of both juvenile and criminal courts exist (see paras. 50-55). In addition, programs such as NSEERS have clear ethnic or religious connotations (see para. 58). Direct discrimination was also found in many studies that used paired testing techniques, particularly in the areas of housing and employment. While these cases do not directly involve discrimination by state agents, strong enforcement of human rights is required. The Special Rapporteur notes that the right institutions are already in place to enforce existing laws, however, more robust efforts are required to increase the number of cases taken up every year, creating an important deterrent against future discrimination. 87. The Special Rapporteur also noted some laws and policies that are prima facie non-discriminatory but they have disparate effects for certain racial or ethnic groups. The key example of such practices is mandatory minimum sentences (see para. 53 above). While the Special Rapporteur welcomes the decision of the U.S. Sentencing Commission to revise the sentencing guidelines for crack cocaine offences, additional work needs to be done to review mandatory minimum sentences for crack cocaine, which disproportionately affect African-Americans. 88. Socio-economic indicators show that poverty and race or ethnicity continue to overlap in the United States. In 2007, whereas 9 percent of non-Hispanic whites were below the poverty level, 24.7 percent of African-Americans, 25.3 percent of American Indian and Alaskan Native and 20.7 percent of Hispanics were in that situation.57 This reality is a direct legacy of the past, in particular slavery, segregation, the forcible resettlement of Native Americans, which was confronted by the United States during the civil rights movement. However, whereas the country managed to establish equal treatment and non-discrimination in its laws, it has yet to redress the socio-economic consequences of the historical legacy of racism. While noting some progress in this area, particularly in what concerns the representation and participation of racial and ethnic minorities in the high echelons of the political, economic and cultural arenas and the emergence of a middle class within minority groups, the Special Rapporteur underlines that much still needs to be done in this area. 89. The overlap between poverty and race in the United States creates structural problems that go far beyond patterns of income. Rather, it interacts with a number of mutually reinforcing factors, such as poor educational attainment, low-paying wages and inadequate housing, which create a vicious cycle of marginalization and exclusion of minorities. The overrepresentation of 57 U.S. Census Bureau, 2007 American Community Survey.