Davao Oriental State University

Baganga External Campus

Bachelor of Science in Criminology

A Case Analysis Entitled

“Racism, Racial Discrimination and the Right to Development”

In Partial Fulfilment of the Requirements for

“CRIM 101 “THE THEORIES ON CRIME CAUSATION”

Submitted to:
JHANNY S. BONGO, RCRIM
Instructor

Submitted by:
JEAN ANN SAGUIMPA LIMBING
BSC-1A
 INTRODUCTION

In this case study, we focus on discrimination against disadvantaged racial minorities.

The two components of our definition differential treatment and differential effect discrimination

are related to but broader than the standards embodied in case law in the U.S. legal system,

which are disparate treatment and disparate impact discrimination. Most people would agree that

equal opportunity to participate as a full and functioning member of society is important.

Nonetheless, existing social and economic disparities among racial and ethnic groups suggest

that our society has yet to achieve this goal. For instance, Hispanics have higher school dropout

rates than other racial and ethnic groups (Hauser et al., 2002). The black–white wealth gap

remains large (Conley, 1999; Oliver and Shapiro, 1995). Young Native Americans are

incarcerated in federal prisons at higher rates than any other minority racial group (Smelser and

Baltes, 2001; Weich and Angulo, 2002). And some Asian Americans, among other minority

groups, have poorer access to healthcare services and treatments than whites (Institute of

Medicine, 2003). Such racial disparities are pervasive and may be the result of racial prejudice

and discrimination, as well as differences in socioeconomic status, differential access to

opportunities, and institutional policies and practices. This study is necessary and timely for

several reasons. The first is the current global movement for racial justice which has called into

question the historical and contemporary structures of racial discrimination. Across the world,

marginalized racialized communities are demanding racial equality and anti-racist interventions

from states and from regional, and international organizations. These demands call for renewed

focus on international efforts to combat racism. Indeed, as the Human Rights Council Advisory

Committee noted in its recent report on Racial Equality, “the time has come to embrace more

decisive policies and means to bring about racial equality in a sustainable manner at both the
national and the international levels. The second imperative for this study is the disproportionate

impact of the COVID19 pandemic on racialized communities which has intensified poverty and

reduced the quality of life in these communities. The United States signed the International

Convention on the Elimination of All Forms of Racial Discrimination (“ICERD” or

“Convention”) in 1966. President Lyndon Johnson’s administration noted at the time that the

United States “has not always measured up to its constitutional heritage of equality for all” but

that it was “on the march” toward compliance. The United States finally ratified the Convention

in 1994 and first reported on its progress in implementing the Convention to the Committee on

the Elimination of Racial Discrimination (“CERD” or “Committee”) in 2000. In its 2000 report,

the United States stated that “overt discrimination” is “less pervasive than it was thirty years

ago” but admitted it continued due to “subtle forms of discrimination” that “persist[ed] in

American society. “Schools should be safe places for everyone. But in the Philippines, students

who are lesbian, gay, bisexual, and transgender (LGBT) too often find that their schooling

experience is marred by bullying, discrimination, lack of access to LGBT-related information,

and in some cases, physical or sexual assault. These abuses can cause deep and lasting harm and

curtail students’ right to education, protected under Philippine and international law.
 BACKGROUND INFORMATION

Racism is relation in a society of a race-based worldview with prejudice, labeling and

discrimination. Racism can happen in social actions, practices, or political systems which

support the expression of prejudice or dislike in unfair practices. It is would be occur in all

around the world. But most of them happened in America especially when it is still in 90‟s

century era. At that time many of “negro” have diversification in all aspects than “white man”. In

1930s racism was not illegal in America, still widespread at the time. Whites and blacks were

separated, and blacks were considered as 2nd class societies. Black people must paid less than

white and work harder than everyone else, often given the more 'dirty work'. Then black people

wanted to change the way they were treated but it was very difficult to do this, because these

were a number of laws in America compulsory between 1876 and 1965 that gave a legal basis

for separating and differentiating against Africans Americans. Nowadays, in 20‟s century racism

has any different in some reason in America. News mic did research about this and in statistics.

These reveal disparate dimensions of racism as it exists in the United States today and a stark

reminder of how far the country needs to go in the problem. Firstly, hate crimes are inspired by

race more than anything. The second is black men are far more liable to be shot and killed by

police than white men. Third, there are involved hate groups in every single part. Fourth blacks

always earn less than whites. And the last racial partiality is established in freedom. Harper Lee

is a To Kill A Mockingbird author. She was born on April 28, 1926, in Monroeville, Alabama.

She has best known for writing the Pulitzer Prizewinning novel To Kill a Mockingbird (1960).

The youngest of four children, she 12 grew up as a tomboy in a small town. Her father was a

lawyer, a member of the Alabama state legislature and her mother suffered from mental illness,

rarely leaving the house. It is believed that she may have had bipolar disorder. To Kill A
Mockingbird takes place during three years (1933–1935) in the fictional "tired old town" of

Maycomb, Alabama, the seat of Maycomb County. Racism in this novel Tom Robinson problem

character. Tom Robinson that accused a white girl. At the time has differentiate for all aspects

between a negro man and white man. But in this novel a lawyer, Atticus Finch is a brave man

want to help the negro in the court. But as long as in this case many of them against to racism

because they are dislike to a negro man which are in 19th century was happened injustice.

Actually, this novel based on story life of the author, Harper Lee. In this story Harper Lee as

Scout Finch. Judge Taylor appoints Atticus to defend Tom Robinson, a black man who has been

accused of raping a young white woman, Mayella Ewell. Although many of Maycomb's citizens

disapprove, Atticus agrees to defend Tom. Other children taunt Jem and Scout for Atticus's

actions, calling him a „nigger-lover‟. Atticus establishes that the accusers Mayella and her

father, Bob Ewell, the town drunk are lying. It also becomes clear that the friendless Mayella

made sexual advances toward Tom, and that her father caught her and beat her. Despite

significant evidence of Tom's innocence, the jury convicts him. Jem's faith in justice becomes

badly shaken, as is Atticus, when the hapless Tom is shot and killed while trying to escape from

prison. Despite Tom's conviction, Bob Ewell is humiliated by the events of the trial, Atticus

explaining that he destroyed. Ewell vows revenge, spitting in Atticus' face, trying to break into

the judge's house, and take Tom Robinson's widow. Finally, he attacks the defenseless Jem and

Scout while they walk home on a dark night after the school Halloween pageant. 3One of Jem's

arms is broken in the struggle but aim the confusion someone comes to the children's rescue. The

mysterious man carries Jem home, where Scout realizes that he is Boo Radley. Sheriff Tate

arrives and discovers that Bob Ewell has died during the fight. The sheriff argues with Atticus

about the prudence and ethics of charging Jem (whom Atticus believes to be responsible) or Boo
(whom Tate believes to be responsible). Atticus eventually accepts the sheriff's story that Ewell

simply fell on his own knife. There are main reasons i decide to choose this novel as the object of

this research. First, To Kill A Mockingbird is a inspirative novel for all people. Because this

novel not only talks about a children but also about how a parent teach a good perspective of a

diversification in all aspects. Second, this novel is a real story life of the author, Harper Lee.

Which is Scout Finch as Harper Lee when she was child. At the time Atticus Finch, father of

Scout finch is always giving more detailed about all her questions. In the other side Atticus

always looks so patient and calm when he is got many problems in his job.
 PROPOSED SOLUTIONS

The Universal Declaration of Human Rights (UDHR) says that all human beings are born

free and equal in dignity and rights, and that we all have the right to a life free from

discrimination and degrading treatment. Unfortunately, the history of the world has seen too

many crimes of hate and discrimination. But this doesn’t have to be the reality we live with.

From the civil rights movement in the USA in the 1960s, to the fall of apartheid in South Africa,

many people have come together to fight racism and discrimination, and they have achieved

remarkable things. But the work is far from finished and we all have a role to play. There are

things we can do as individuals, but we can also call on our decision makers to put in place

policies and programs to bring lasting change to our communities. Listen and educate yourself

pay attention to the voices of people who experience racism every day – listen to friends,

classmates, neighbors, and community leaders. There are also a lot of articles, books,

documentaries, films and podcasts on issues of racism, discrimination and privilege. Listen to

what the people in them have to say. Understand and confront your own privilege. Be prepared

to feel uncomfortable at times. Many of us absorb biases and prejudices at an early age, so they

are not easy to unlearn. Raise awareness share the resources that you have found useful with

your community to help them learn how they can play a role in ending racism and

discrimination. If you have younger siblings or family members, set a good example for them.

Try to look for games or books that can help them learn that we all have a right to dignity and

safety.

Challenge everyday discrimination and racism, Racism and discrimination happen around us all

the time. Often it is in the form of jokes, stereotypes or insensitive comments and questions from
our friends, family members or colleagues. If you witness a friend or family member saying

racist or discriminatory things, you should talk to them, if you feel safe to do so. Approach them

privately first – in person or via direct message. They are more likely to be receptive if they

don’t feel publicly embarrassed. Point out to them that what they are saying is racist or

discriminatory and remind them that everyone has the right to dignity and that in many countries

it is against the law to discriminate against a person because of the color of their skin, their

ethnicity, religion, gender, or sexual orientation. Encourage them to learn more about the

historical context of racial prejudice and discrimination, and share resources that you have found

helpful. If you see someone being bullied or harassed, intervene if it is safe to do so. Report

racist or discriminatory content online, Many social media platforms want their platforms to be

safe and empowering for people of all backgrounds. If you see content that you think violates

their guidelines, report it to the platform. If you see content in a newspaper or other traditional

media that reflects prejudice, leave a comment or send a letter to the editor to let others know

that intolerant remarks are unkind and uncalled for. Is your school or university against racism

and discrimination? Schools and universities should be safe places for children and young people

of all races and ethnicities. Find out whether your school or university has a policy on non-

discrimination and racism, safe ways to report incidents, support services, and programs or

initiatives to promote tolerance, diversity and inclusion. If not, work with other students and

school/university management to start a discussion and identify ways in which your place of

learning can become a safer and more empowering environment for all students.
 TABLE OF CONTENTS

INTRODUCTION…………………………………………………………………………………

…………………. 1-2

BACKGROUND

INFORMATION………………………………………………………………………………..

3-4

PROPOSED

SOLUTIONS………………………………………………………………………………………

… 5-6

RECOMMENDATIONS……………………………………………………………..

……………………………... 7

CONCLUSION……………………………………………………………………………………

……………………. 8

REFERENCES……………………………………………………………………………………

………………........ 9
 RECOMMENDATIONS

One of way to expand our definition of racism to the systemic level is to focus our

attention on actions and impacts, rather than the attitudes and intentions of allegedly racist

individuals, policies or practices. Intentions matter, but impacts, regardless of intentions, are

what matter most. Racial impacts whether negative or positive are what have the most weighty

consequences on people’s lives, and, thus, are where we can most usefully place our attention.

Also, actions and impacts can be documented, whereas attitudes and intentions are debatable. We

may not know what is in the hearts and minds of particular people, policymakers, or

powerholders and it’s not worth the energy to make guesses or assumptions. But we can hold

them accountable for their actions, commitments, and decisions, since those have bearing on

outcomes. We should be explicit about race, and overcome our reluctance to say the word

“white,” so that we can reveal, acknowledge, and address the similar and different ways that

white people and people of color experience poverty, sex discrimination and LGBTQ oppression.

We can all learn from people who clearly see and even embody the connections between race,

ethnicity, gender, class, sexuality, religion, and other salient dynamics. Racial and social justice

advocates need to take the time to thoughtfully view their issues of concern from all angles, with

consideration of different lenses and perspectives.

 REFERENCES

National Academies of Sciences, Engineering, and Medicine. 2004. Measuring Racial

Discrimination. Washington, DC: The National Academies Press.

https://doi.org/10.17226/10887.

United Nations Special Rapporteur on the Right to Development, Guidelines and

Recommendations on the Practical Implementation of the Right to Development, OHCHR, 2020,

p. 25.

(Hauser et al., 2002). The black–white wealth gap remains large.

(Conley, 1999; Oliver and Shapiro, 1995).

(Conley, 1999; Oliver and Shapiro, 1995).

(Smelser and Baltes, 2001; Weich and Angulo, 2002).

(Institute of Medicine, 2003).

(“ICERD” or “Convention”) in 1966.

(“CERD” or “Committee”) in 2000.

 CONCLUSION

For the purpose of understanding and measuring racial discrimination, race should be

viewed as a social construct that evolves over time. Despite measurement problems, data on race

and ethnicity are necessary for monitoring and understanding evolving differences and trends in

outcomes among groups in the U.S. population.We have described harmful racial discourse

practices which, taken as a whole, reinforce the common misconception that racism is simply a

problem of rare, isolated, individual attitudes and actions. We argue that racism is a cumulative

and compounding product of an array of societal factors that, on balance, systematically

privilege white people and disadvantage people of color. We have also offered everyday

recommendations for how readers can help overcome these harmful racial discourse practices.