International Perspectives On Positive Action Measures
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International Perspectives on Positive Action Measures by European Commission. Directorate-General for Employment, Social Affairs and Equal Opportunities. Unit G.4 Pdf
Recoge: 1. Introduction and methodological approach - 2. Contextualising the study - 3. Exploring positive action from a legal perspective - 4. Perceptions of positive action in the European Union - 5. Perceptions of positive action in Canada, the United States and South Africa - 6. Positive action measures across different discrimination grounds, organisations and sectors - 7. Conclusions and recommendations.
Controversies in Affirmative Action by James A. Beckman Pdf
An engaging and eclectic collection of essays from leading scholars on the subject, which looks at affirmative action past and present, analyzes its efficacy, its legacy, and its role in the future of the United States. This comprehensive, three-volume set explores the ways the United States has interpreted affirmative action and probes the effects of the policy from the perspectives of economics, law, philosophy, psychology, sociology, political science, and race relations. Expert contributors tackle a host of knotty issues, ranging from the history of affirmative action to the theories underpinning it. They show how affirmative action has been implemented over the years, discuss its legality and constitutionality, and speculate about its future. Volume one traces the origin and evolution of affirmative action. Volume two discusses modern applications and debates, and volume three delves into such areas as international practices and critical race theory. Standalone essays link cause and effect and past and present as they tackle intriguing—and important—questions. When does "affirmative action" become "reverse discrimination"? How many decades are too many for a "temporary" policy to remain in existence? Does race- or gender-based affirmative action violate the equal protection of law guaranteed by the Fourteenth Amendment? In raising such issues, the work encourages readers to come to their own conclusions about the policy and its future application.
Legal Aspects of Ethnic Data Collection and Positive Action by Jozefien Van Caeneghem Pdf
This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority’s inclusion in Europe. The book’s central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.
Women?s Quotas Under EU Equality Law by Katharina Radloff Pdf
The purpose of this study is to investigate legislation and leading cases concerning positive discrimination in the European Union, with a particular focus on the recent debate about the most radical positive action measure: the implementation of women?s quotas by supranational legislation. This study seeks to answer the question if such a radical derogation from the equal treatment principle can be tolerated, keeping in mind the fundamental character of this principle in European law. The concept of substantive equality will be analysed and set against the ECJ case law under review. It will be criticised that the ECJ focused once more on a formalist approach and allows for positive action measures only to a very limited extent. If the European Union would impose women?s quotas for board members via supranational legislation, would this still be considered as a measure of positive discrimination or would it rather be a form of negative discrimination against men?
Critical Perspectives on the College Admissions Process by Bridey Heing,Greg Baldino Pdf
Today, it may seem like the college admissions process has become more inflated and difficult to navigate than ever before. Many parents have become vocal about the standardized testing and college preparation that begins as early as elementary school. In fact, some families hire advisors to help their children chart a path to the most prestigious schools when they are barely teenagers. This text examines the historical college admissions process and where we are today through the thoughtful analysis of researchers, politicians, officials, and ordinary people in order to show students all sides of this often high-stress topic.
Reflexive Governance in EU Equality Law by Emma Lantschner Pdf
The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.
Affirmative Action and the Law by Erica Howard,Elvira Dominguez Redondo,Narciso Leandro Xavier Baez Pdf
Affirmative Action and the Law analyses the practical application of affirmative action measures and their efficacy in achieving substantive equality through the lenses of the United Nations human rights machinery and the legal regime and policies implemented in China, India, Central and South America, South Africa and the United Kingdom. The product of a joint research project involving academics from the Brazil, Chile, Mexico, India, Spain and the United Kingdom, the findings identify and reflect on trends emerging from State practice across the world in eradicating structural inequality through special measures for certain designated groups. The book seeks to provide a coherent and systematic approach to the analysis of special measures in the targeted countries. It also comprises two case-studies with in-depth insights on gender diversity on the boards of public listed companies in the UK and the European Union and the access of persons with disabilities to higher education in Brazil. The book will be a valuable resource for students and academics in the field of human rights, law, sociology and politics. It will also provide a source of good practice for states and policy makers in the framing of responses to increased inequality at national and international level; and for civil society actors seeking to explore meaningful interaction with a highly controversial topic in society.
Inhaltsangabe:Introduction: Even though European equality law has had a considerable impact on the law of the Member States concerning women s rights to employment, it is still often the case that women experience a glass ceiling , which hinders their access to leadership positions in private companies. As identified by the UN Report on Women, women are on most boards of large companies, but their number still remains considerably low when compared to men. Although the Report acknowledges that in general opportunities of women with regard to employment have increased, the representation of women in leading positions is still too low. This is especially notable in the largest corporations, which remain male- dominated. Of the 500 largest corporations in the world, only 13 have a female chief executive officer . In the European Union, women hold only 11 percent of top company positions and the average proportion of women serving as chairman of the board of top companies was only 3 per cent in 2009. Among the European Union Member States, the highest percentage of women in boards can be found in Norway, which as the first country in the world introduced a women s quota of 40 percent for board members in 2004 by law. When quotas were proposed in 2002, the proportion of women in boards was only 6.8 percent, whereas it is now 34 percent. The success of the Norwegian example led to a political debate about female representation in leading positions throughout the Union. In September 2010, the Spanish government introduced a gender quota of 40 per cent for both, men and women to be achieved by 2015. France introduced a women s quota for corporate boards in 2011 and other governments such as those of the Netherlands and Italy are positive about introducing similar quotas via legislation. The reasons for the glass ceiling women still experience are manifold and involve old stereotypes, which are deeply rooted in society. It is this invisible barrier that justifies positive action measures in the first place: to remove deeply rooted social practices that interfere with the process of substantial equality in society in order to create conditions that give individuals equal access to employment. However, it would be too simplistic to argue that in equality law it is all about treating people equally. Rather, it is best resumed in the Aristotelian maxim: equality is about treating equal cases equally and unequal cases unequally. In the case of gender [...]
Winner of the 2020 Porchlight Business Book of the Year Award One of The Guardian's Best Books of 2020. Finalist for the 2020 Royal Science Society Book Prize and the 2020 Porchlight Business Book Awards. Longlisted for the 2020 Financial Times & McKinsey Business Book of the Year “Linda Scott shines a light on women’s essential and often invisible contributions to our global economy—while combining insight, analysis, and interdisciplinary data to make a compelling and actionable case for unleashing women’s economic power.” —Melinda Gates, author of The Moment of Lift: How Empowering Women Changes the World A leading thinker's groundbreaking examination of women's economic empowerment Linda Scott coined the phrase “Double X Economy” to address the systemic exclusion of women from the world financial order. In The Double X Economy, Scott argues on the strength of hard data and on-the-ground experience that removing those barriers to women’s success is a win for everyone, regardless of gender. Scott opens our eyes to the myriad economic injustices that constrain women throughout the world: fathers buying and selling daughters against their will; husbands burning brides whose dowries have been spent; men appropriating women’s earnings and widows’ land; banks discriminating against women applying for loans; corporations paying women less than men; men treating women as their intellectual inferiors due to primitive notions of female brain development; governments depriving women of affordable childcare; and so much more. As Scott takes us from the streets of Accra, where sex trafficking is widespread, to American business schools, where women are routinely patronized, the pervasiveness of the Double X Economy becomes glaringly obvious. But Scott believes that this rampant problem can be solved. She proposes concrete actions and urges her readers to rise up and join the global movement for women’s economic empowerment that is gaining momentum by the day.
The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality by David Oppenheimer Pdf
"Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union"--
This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.
Nurturing Equality, Diversity and Inclusion by Aleksandra Thomson,Rachael Gooberman-Hill Pdf
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. Providing scientific evidence to support equality, diversity and inclusion (EDI) in health and biomedicine, this book offers practical strategies and interventions for academic settings.
This is the fourth global report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work. It examines diverse forms of discrimination at work and considers various policy and practical responses to tackle this problem. The book finds that the benefits of eliminating discrimination in the workplace go beyond the individual level and extend to the economy and to society, leading to the efficient use of human resources and diverse talents, improved worker morale and motivation, better labour relations and productivity gains.
The Dynamics of Managing Diversity by Gill Kirton,Anne-marie Greene Pdf
The Dynamics of Managing Diversity was one of the first books to respond to growing academic coverage of the topic of diversity management at degree level. This fourth edition has been fully updated to reflect new working practices, statistical information and developments in equality and diversity law, as well as including new case studies and analysis of current and emerging areas of debate in the UK and across Europe. Diversity management is a term that covers not only race, disability and sex discrimination, but also broader issues such as individual and cultural differences. The Dynamics of Managing Diversity, fourth edition, provides HR and business managers of the future with the legal information and research findings to enable them to develop meaningful diversity policies in their organizations. This new edition offers: • Coverage of topical areas such as female representation on executive boards, religious diversity, and economic migration following EU enlargement • Multiple analytical perspectives, such as socio-legal and feminist approaches, to provide rich insights to the subject matter • Practical case studies to illustrate the real-life issues in a local, international and organizational context Kirton and Greene present the subject of diversity management in a logical and structured manner, beginning each chapter with aims and objectives, and ending with discussion questions, making this book the perfect support resource for those teaching or studying in the field of equality and diversity.
