Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD) 4(2):110-130, julho-dezembro 2012 © 2012 by Unisinos - doi: 10.4013/rechtd.2012.42.02 Les cités, as favelas, and the projects: International Law obligations in combating racialized police brutality in French, Brazilian, and American ghettos Les cités, como favelas, e os projetos: obrigações do Direito Internacional na luta contra a brutalidade policial racista em guetos franceses, brasileiros e americanos Cherine Foty1 Université Panthéon-Assas, França Comparative Law Institute of Paris
[email protected] Abstract Police brutality is a problem that plagues countries across the globe. All too frequent- ly the victims of police abuse are racial minorities in their respective countries. This paper investigates the notion that international treaty obligations against torture, racial discrimination, and the violation of civil and political rights, when ratified, make state parties liable for systemic acts of racialized police brutality within their terri- tory. It will analyze the treaty obligations of each country (the United States, France, and Brazil) which stem from their ratification of three treaties: The International Convention on the Elimination of All Forms of Racial Discrimination, The Conven- tion Against Torture, and The International Covenant on Civil and Political Rights. A discussion of how race is framed as well as the institutionalization of racism in each of the three societies in question will be followed by an evaluation of the practice of police brutality along racial lines. The United States has a traditionally binary concept of race, and Blacks and Latinos are subjected to disparate treatment at every stage of the criminal process.