HRH Profile Series of NNHRR Working Group of ESCR: Tackling Racial Discrimination Through Structural Implementation of Human Rights Law

In this brief contribution, we look at the Committee on the Elimination of Racial Discrimination General Recommendation No. 37 on racial discrimination in the enjoyment of the right to health. Our interest in this instrument emerges from its suggestion that a structural approach is effective in tackling the challenge of racial discrimination. We find this appealing because it relates to our shared conviction that human rights law should not only focus on individual remedies and access to courts, but must also work towards the provision of universal public services as a conduit to achieve human rights for all. After highlighting how the recommendation addresses structural challenges, we conclude with a discussion of how the recommendation can serve as a source of inspiration for human rights law and human rights law research in addressing racial discrimination not as an individual but systemic problem.