Dimming the Beacon of Freedom: U.S. Violations of the International Covenant on Civil & Political Rights - Table of Contents

EXECUTIVE SUMMARY

RECOMMENDATIONS TO THE UNITED STATES

THE FAILURE OF THE UNITED STATES TO COMPLY WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

A. Equal Application Of Rights/Effective Remedies For Violations (Article 2)

1. Legislative Stripping Of Federal Courts' Habeas Powers

2. Constitutional Jurisprudence "Rolling Back" Civil Rights Remedies For Minorities

3. Courts are Undermining Equal Protection Of Undocumented Migrant Workers

4. Rollback Of Civil Rights Remedies For Women

B. Equal Rights For Men and Women (Article 3)

1. Criminal Justice Discrimination

2. Discrimination Against Victims Of Domestic Violence

3. Employment Discrimination Against Low Wage Migrant Women Workers

C. Torture and Cruel, Inhuman, or Degrading Treatment or Punishment (Article 7)

1. Torture and Abuse In the "Global War On Terrorism"

2. Unlawful Renditions

3. Torture and Abuse In the United States

4. Crime Of Torture under U.S. Law

5. US Constitutional Protections Against Cruel, Inhuman, or Degrading Treatment or Punishment

D. Prohibition Of Slavery & Forced Labor (Article 8)

1. Abuse Of Migrant Domestic Workers

2. Abuse Of Domestic Workers By Diplomats

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)

1. Expansion Of Immigration Detention

2. Expedited Removal

3. Post 9/11 Policies

4. Government Failure To Reform Immigration Policy

F. Rights Of the Criminally Accused (Article 14)

1. Right To Counsel

2. Excessive Government Secrecy

G. Right To Privacy (Article 17)

1. Unlawful and Unauthorized Domestic Wiretapping Programs

2. Government Data Collection

3. FBI Surveillance Of Political & Religious Groups

4. Reauthorization Of the Patriot Act

5. REAL ID Act

6. Airline Profiling - Related Privacy Violations

H. Freedom Of Thought, Conscience & Religion (Article 18)

1. Discrimination In Favor Of Religion

2. Traditional Practices Generally Allowed

3. Use Of Private or Public Land For Religious Practice

4. Religion & Schools

5. Discrimination Against Muslims

6. Most Acts Of Violence Target Muslims and Jews

I. Freedom Of Expression & Right Of Peaceful Assembly (Articles 19 & 21)

1. Censorship At the Borders

2. Criminalization Of Dissent

3. Restrictive Interpretation Of Freedom Of Information Act Requests

J. Freedom Of Association (Article 22, & Articles 17, 18 and 19)

1. Government Practices Chill Association Of Arabs, Muslims and South Asians

K. Rights Of the Child (Article 24 (& Articles 2 & 26: Non - Discrimination In the Enjoyment Of Rights))

1. Juvenile Detention

2. Education

L. Right To Vote & Political Participation (Article 25)

1. Felony Disfranchisement

2. Renewal Of the National Voting Rights Act

3. Restrictions On Voter Access

4. The Election Of State Court Judges

M. Equality Before the Law (Article 26)

1. Hurricane Katrina

2. Racial Profiling

N. Protection Of Minority Rights (Article 27)

1. Attacks On Remedial Affirmative Action Programs

O. Reservations, Declarations and Understandings Of the United States To the ICCPR

1. U.S. Reservations Concerning the Death Penalty, Cruel, Inhuman or Degrading Treatment, and Treatment Of Juveniles As Adults Violate International Law

2. U.S. Declaration Concerning Non - Self Execution Undermines Enforcement Of its Treaty Obligations

3. U.S. Understanding Concerning its Federal Structure Does Not Relieve U.S. Of Obligation To Take Appropriate Measures To Meet Covenant Obligations

4. U.S. Government's Continued Refusal To Give the Covenant Extraterritorial Effect Contravenes HRC and ICJ Mandates

5. HRC's "Effective Control" Mandate