American Civil Liberties Union : Dimming the Beacon of Freedom: U.S. Violations of the International Covenant on Civil & Political Rights

The ACLU Human Rights Program works to ensure that the U.S. government complies with universal human rights principles in addition to the U.S. Constitution. The Program uses human rights strategies to complement existing ACLU advocacy on national security, immigrants' rights, women's rights and racial justice. Learn more about the Human Rights Program.

Dimming the Beacon of Freedom: U.S. Violations of the International Covenant on Civil & Political Rights - Table of Contents (6/20/2006)

A Shadow Report by the American Civil Liberties Union prepared for the United Nations Human Rights Committee on the occasion of its review of The United States of America's Second and Third Periodic Report to the Committee on Human Rights

June 2006

TABLE OF CONTENTS

EXECUTIVE SUMMARY	8
RECOMMENDATIONS TO THE UNITED STATES	14
THE FAILURE OF THE UNITED STATES TO COMPLY WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS	18
A. Equal Application Of Rights/Effective Remedies For Violations (Article 2)	18
1. Legislative Stripping Of Federal Courts' Habeas Powers	18
2. Constitutional Jurisprudence "Rolling Back" Civil Rights Remedies For Minorities	21
3. Courts are Undermining Equal Protection Of Undocumented Migrant Workers	22
4. Rollback Of Civil Rights Remedies For Women	25
B. Equal Rights For Men and Women (Article 3)	27
1. Criminal Justice Discrimination	28
2. Discrimination Against Victims Of Domestic Violence	31
3. Employment Discrimination Against Low Wage Migrant Women Workers	34
C. Torture and Cruel, Inhuman, or Degrading Treatment or Punishment (Article 7)	36
1. Torture and Abuse In the "Global War On Terrorism"	36
2. Unlawful Renditions	41
3. Torture and Abuse In the United States	44
4. Crime Of Torture under U.S. Law	45
5. US Constitutional Protections Against Cruel, Inhuman, or Degrading Treatment or Punishment	46
D. Prohibition Of Slavery & Forced Labor (Article 8)	47
1. Abuse Of Migrant Domestic Workers	47
2. Abuse Of Domestic Workers By Diplomats	48
E. Right To Liberty and Security Of Person, Rights Of the Accused To Humane Treatment, and Expulsion Of Aliens Without Due Process (Articles 9, 10 & 13)	49
1. Expansion Of Immigration Detention	50
2. Expedited Removal	56
3. Post 9/11 Policies	57
4. Government Failure To Reform Immigration Policy	60
F. Rights Of the Criminally Accused (Article 14)	61
1. Right To Counsel	61
2. Excessive Government Secrecy	67
G. Right To Privacy (Article 17)	75
1. Unlawful and Unauthorized Domestic Wiretapping Programs	76
2. Government Data Collection	77
3. FBI Surveillance Of Political & Religious Groups	77
4. Reauthorization Of the Patriot Act	79
5. REAL ID Act	81
6. Airline Profiling - Related Privacy Violations	82
H. Freedom Of Thought, Conscience & Religion (Article 18)	82
1. Discrimination In Favor Of Religion	83
2. Traditional Practices Generally Allowed	84
3. Use Of Private or Public Land For Religious Practice	84
4. Religion & Schools	85
5. Discrimination Against Muslims	86
6. Most Acts Of Violence Target Muslims and Jews	86
I. Freedom Of Expression & Right Of Peaceful Assembly (Articles 19 & 21)	87
1. Censorship At the Borders	87
2. Criminalization Of Dissent	87
3. Restrictive Interpretation Of Freedom Of Information Act Requests	88
J. Freedom Of Association (Article 22, & Articles 17, 18 and 19)	90
1. Government Practices Chill Association Of Arabs, Muslims and South Asians	90
K. Rights Of the Child (Article 24 (& Articles 2 & 26: Non - Discrimination In the Enjoyment Of Rights))	91
1. Juvenile Detention	91
2. Education	93
L. Right To Vote & Political Participation (Article 25)	95
1. Felony Disfranchisement	96
2. Renewal Of the National Voting Rights Act	97
3. Restrictions On Voter Access	98
4. The Election Of State Court Judges	99
M. Equality Before the Law (Article 26)	99
1. Hurricane Katrina	100
2. Racial Profiling	102
N. Protection Of Minority Rights (Article 27)	110
1. Attacks On Remedial Affirmative Action Programs	110
O. Reservations, Declarations and Understandings Of the United States To the ICCPR	111
1. U.S. Reservations Concerning the Death Penalty, Cruel, Inhuman or Degrading Treatment, and Treatment Of Juveniles As Adults Violate International Law	112
2. U.S. Declaration Concerning Non - Self Execution Undermines Enforcement Of its Treaty Obligations	113
3. U.S. Understanding Concerning its Federal Structure Does Not Relieve U.S. Of Obligation To Take Appropriate Measures To Meet Covenant Obligations	113
4. U.S. Government's Continued Refusal To Give the Covenant Extraterritorial Effect Contravenes HRC and ICJ Mandates	114
5. HRC's "Effective Control" Mandate	114

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