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chronic stress from enduring racism and denialism leads to biological, psychological,
cognitive and emotional harm. 36
53. Such negative racial stereotypes both reflect and perpetuate cultural stereotypes
that justify denialism, diminished expectations and divestment from communities of
African descent. Racial discrimination continues to be systemic and rooted in an
economic model that denies meaningful and effective development to people of
African descent globally and frequently justifies or neutralizes the historical and
ongoing exploitation of their labour, land and natural resources. Racial disparities are
apparent and obvious in many areas impacting human rights, including education, due
process under the law, the rights of the child, health, and others. The ongoing racial
disparities that exist with respect to people of African descent are often grounded in
pervasive racial stereotypes that facilitate social acceptance (and sometimes even the
expectation) of the racial disparity.
Racial bias and stereotyping in the justice sector
54. Racial stereotyping in the criminal justice system is common and can distort
perceptions of the facts and lead to miscarriages of justice, harsher sentencing,
excessive use of force and re-victimization.
55. One of the most enduring stereotypes that has harmed people of African descent
is the association of blackness with criminality. As stated on the website of the Equal
Justice Initiative:
These racial disparities in our criminal justice system are a legacy of our history
of racial injustice… Slavery evolved into convict leasing, whereby African
Americans were arrested for ‘crimes’ like loitering and forced to work in whiteowned businesses throughout the South. The decades of racial terror lynchings
that followed slavery grafted onto the narrative of racial hierarchy a
presumption of guilt and dangerousness, as whites defended vigilante violence
against black people as necessary to protect their property, families and
Southern way of life from black ‘criminals’.
The presumption of guilt and dangerousness assigned to people of African
descent has made minority communities particularly vulnerable to the unfair
administration of criminal justice. 37
56. The transition from slavery to racial apartheid was particularly devastating for
people of African descent. They faced racial terrorism and higher rates of
incarceration. They were caricatured as innately savage, animalistic, destructive and
criminal. Misconceptions and prejudices manufactured and disseminated through
various channels, such as the media, have included references to the image of black
males as “savages” and “brutes”. The negative term “thug” has also frequently been
used.
57. The long-term consequences are evident in everyday police-civilian
interactions. This process of dehumanization often leads many to view black men and
black children as older and more fearsome and menacing than they are. Even at very
young ages, black children are seen as less childlike, more culpable and less innocent.
This pattern of misperception is troubling. Police officers are often exonerated for
killing black civilians on the premise that they fired their weapons out of fear for their
lives. This was evident in the 2014 killing in the United States of Dontre Hamilton,
an unarmed black man in Milwaukee who was shot 14 times by Officer Christopher
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See Derald Wing Sue, Microaggressions in Everyday Life: Race, Gender and Sexual Orientation
(Hoboken, New Jersey, John Wiley & Sons, Inc., 2010).
Equal Justice Initiative, “Presumption of guilt”. Available at https://eji.org/racial-justice/
presumption-guilt.
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