Periodic report of the united states of america to the united nations committee on the elimination of racial discrimination

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D. Special measures.

33. With regard to Article 2(2) and paragraph 15 of the Committee’s Concluding Observations, the United States is committed to using all the tools at its disposal to address disparities in outcomes, across a host of indicators, that disproportionately impact members of racial and ethnic minorities, and the United States has in place measures that are race-based as well as measures that may be based on other factors, such as economic factors. Under the U.S. Constitution, classification by race is permissible in some circumstances for certain purposes, such as redressing past racial discrimination and promoting diversity in educational settings. A substantial number of federal ameliorative measures, including many described throughout this Report, can be considered special measures for purposes of Article 2(2). Use of special measures is described further in paragraphs 197 – 206 of the Common Core Document.

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