A/HRC/49/46/Add.1
Nations Commission on Human Rights, was one of the driving forces behind the drafting and
adoption of the 1948 Universal Declaration of Human Rights, which symbolizes the
historical legacy of the United States in setting up the foundation for the international human
rights architecture.
12.
Nevertheless, the United States has not signed and ratified any of the human rights
treaties that would allow citizens to present individual complaints to the United Nations
human rights treaty bodies and considers the International Covenant on Civil and Political
Rights, the International Convention on the Elimination of All Forms of Racial
Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment as non-self-executing, with the result that international rights
treaties are generally not recognized as rights in United States courts. 3
13.
The legal landscape for the protection of human rights inside the country is also far
from comprehensive or even coherent. While the fourteenth amendment to the United States
Constitution grants full citizenship to all persons born or naturalized in the United States and
the fifteenth amendment prohibits denial of the right to vote on the basis of race, there are
exceptions for territories that are not States, and therefore hundreds of thousands of United
States citizens, mainly minorities and indigenous peoples, do not fully enjoy equal rights with
other Americans.
14.
Moreover, there is no national human rights legislation nor a national human rights
mechanism to ensure that the population can enjoy the full range of human rights generally
recognized in international law. While the Bill of Rights, incorporating the first 10
amendments to the Constitution, provides important human rights protections, including the
freedom of speech, religion, peaceful assembly, liberty and security and fair trial, it is, at best,
an incomplete amalgam, guaranteeing only certain rights: some State constitutions go much
further in terms of human rights protections. There have, however, been significant and hardwon gains in the area of human rights, mainly achieved during the civil rights movement in
the 1960s, notably the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Fair
Housing Act of 1968.
15.
In the absence of comprehensive legal human rights protections, the most
marginalized individuals and communities, which tend to be minorities, are often the most
vulnerable. According to a report on the uninsured population, in 2019, the share of African
Americans without health-care coverage was 9.7 per cent, while it was just 5.4 per cent
among whites.4 The coronavirus disease (COVID-19) pandemic has exacerbated inequalities
between have and have nots: data as at 20 November 2021 show that hospitalization rates for
indigenous, Black and Hispanic and Latinx minorities were significantly higher than for
whites.5 In addition, the “racial wealth divide” between the white majority and the African
American and Hispanic and Latinx minorities has been on the rise in recent decades: the
median Black family has $24,100 in wealth and the median Hispanic and Latinx family has
$36,050 in wealth, compared to $189,100 in wealth owned by the typical white family – a
gap that has been increasing since 1989.6 Similar patterns of inequality can be observed in
education and incarceration rates and are reflected in a multitude of other data. There is a
huge overrepresentation of minorities among the poorest Americans, as well as a dramatic
underrepresentation of minorities in the halls of power and authority. In the judiciary, the
proportion of minorities, such as Black, Asian, Hispanic and Latinx and Native Americans,
3
4
5
6
4
Report of the Working Group of Experts on People of African Descent on its mission to the United
States of America (A/HRC/33/61/Add.2), para. 10.
J. Tolbert, K. Orgera and A. Damico, “Key facts about the uninsured population”, Henry J. Kaiser
Family Foundation, 6 November 2020, see https://www.kff.org/uninsured/fact-sheet/key-facts-aboutthe-uninsured-population/.
According to the Centers for Disease Control and Prevention, per 100,000 people, around 1,500
indigenous, 1,106 Black and 891 Hispanic and Latinx people have had COVID-19 symptoms serious
enough to require hospitalization, compared to 577 whites (see
https://gis.cdc.gov/grasp/COVIDNet/COVID19_3.html).
Survey of Consumer Finances, 1989–2019, Board of Governors of the Federal Reserve System, see
https://www.federalreserve.gov/econres/scf/dataviz/scf/chart/#series:Net_Worth;demographic:racecl4
;population:all;units:median;range:1989, 2019.