Offenders Right to Vote

The requirements of a malign intent as well as a racially disparate effect for a finding of racial discrimination in United States constitutional jurisprudence differ from those in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which the United States has ratified.[3] In defining discrimination, the treaty decouples intent from impact. Prohibited discrimination occurs where there is an unjustifiable disparate impact on a racial or ethnic group, regardless of whether there is any intent to discriminate against that group. Where official policies or practices are racially discriminatory, the State party to the treaty must act affirmatively to prevent or end them. Indeed, full compliance requires elimination of racial inequalities resulting from structural racism.[4]As a party to ICERD, the United States is bound by its provisions and obligated to ensure its fulfillment.[5] It must "condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms."[6] It must not engage in any act or practice "of racial discrimination against person, groups of persons or institutions and ... [it must] ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation."[7] In addition, it must "review governmental, national and local policies, and . . . amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists."[8]