IACHR: United States must address ethno-racially motivated police violence against persons with psychosocial disabilities

September 3, 2024

Washington D.C. – The Inter-American Commission on Human Rights (IACHR) observes patterns of excessive use of force against people with psychosocial disabilities of African descent and other ethnic-racial backgrounds. The IACHR calls on the United States to adopt effective measures to address ethno-racially motivated police violence against persons with disabilities.

On March 9, 2024 police in California shot and killed 15-year-old Ryan Gainer, a Black boy with autism, after a family member called police to assist with a domestic dispute. On March 27, New York Police Department officers shot and killed 19-year-old Bangladeshi American youth Win Rozario, after he called the police during a mental health crisis. On May 2, Yong Yang, a Korean American man diagnosed with bipolar and schizo-affective disorder was fatally shot by police in Los Angeles after his parents called the Department of Mental Health to assist during his mental health episode. In all three cases, family members of the victims allege that officers' use of lethal force was excessive.

As indicated in the IACHR's report on African Americans, Police Use of Force, and Human Rights in the United States, these incidents are indicative of a United States larger pattern of excessive use of force by police officers against people of African descent and other marginalized ethnic, racial, and persons with disabilities during mental health crises. The Commission also notes that these incidents often occur with legal and occupational impunity.

According to available research, despite representing only 20% of the population in the United States, people with disabilities make up 30-50% of individuals subject to police use of force. An estimated one-third to one-half of people killed by police are people with disabilities. Civil society has long advocated for alternatives to police as first responders for mental health crises, given that most police officers are not trained or not sufficiently trained to address these types of crises. Some cities have successfully implemented such programs, such as the Crisis Assistance Helping out on the Streets (CAHOOTS) program in Eugene, Oregon which, for more than 30 years, has provided crisis workers and medics as first responders to community members in mental health crisis.

Despite efforts in various states and localities to address police violence and accountability, comprehensive federal legislation such as the George Floyd Justice in Policing Act has not been adopted. Meanwhile, nationwide, more than half of African Americans with disabilities have been arrested by age 28, which is double the number of their white counterparts.

The IACHR notes that persons with disabilities from historically discriminated ethnic-racial groups are especially vulnerable to excessive police force. Institutional biases and lack of mental health care knowledge often lead to violations of their rights to non-discrimination, personal integrity, and other human rights.

The Inter-American legal framework guarantees equal under the law for all persons and requires States to prevent, eliminate, prohibit, and punish violence motivated by racism or racial discrimination. States are also obliged to adopt legislative and other measures to eliminate discrimination against persons with disabilities.

The Commission reiterates that an intersectional approach is necessary to address heightened police violence against persons facing multiple or aggravated discrimination. The IACHR urges the United States to collect disaggregated data to properly evaluate the intersection of race, ethnicity, and disability in police encounters, and calls on the State to work with communities to create and efficiently implement culturally appropriate alternative first response programs.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 203/24

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