PHRGE in Geneva: Concluding Observations Released

On Friday, The UN Committee on the Elimination of Racial Discrimination (CERD) released its Concluding Observations, following its review of the United States on August 13 and 14.  Northeastern Law student Hannah Adams represented PHRGE at the review and lobbied the committee on the issue of access to justice in civil cases, and the negative outcomes experienced disproportionately by people of color when unrepresented in civil matters where basic human needs are at stake.  In their Concluding Observations the Committee made strong recommendations about this issue in Paragraph 23:

Access to Legal Aid

While welcoming the steps taken by the State party to improve access to justice by indigent persons, such as the Access to Justice Initiative launched in March 2010, the Committee remains concerned at the ongoing challenges faced by indigent persons belonging to racial and ethnic minorities to effectively access legal counsel in criminal proceedings in practice. It also reiterates its concern at the lack of a generally recognized right to counsel in civil proceedings (CERD/C/USA/CO/6, para.22), which disproportionately affects indigent persons belonging to racial and ethnic minorities to seek an effective remedy in matters such as evictions, foreclosures, domestic violence, discrimination in employment, termination of subsistence income or medical assistance, loss of child custody, and deportation (art. 6).

The Committee reiterates its previous recommendation that the State party adopt all necessary measures to eliminate the disproportionate impact of systemic inadequacies in criminal defence programmes on indigent defendants belonging to racial and ethnic minorities, including by improving the quality of legal representation provided to indigent defendants and ensuring that public legal aid systems are adequately funded and supervised. It also recommends that the State party allocate sufficient resources to ensure effective access to legal representation for indigent persons belonging to racial and ethnic minorities in civil proceedings, particularly with regard to proceedings that have serious consequences for their security and stability, such as evictions, foreclosures, domestic violence, discrimination in employment, termination of subsistence income or medical assistance, loss of child custody, and deportation proceedings.

The Committee also recommended that the U.S. provide for legal assistance in all immigration-related matters in Paragraph 18.  Read the full Concluding Observations.

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