Brice Dickson
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199571383
- eISBN:
- 9780191721854
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571383.003.0012
- Subject:
- Law, Human Rights and Immigration
This chapter discusses discrimination in Northern Ireland. Topics covered include religious and political discrimination, the relevance of the European Convention, the absence of any challenge to the ...
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This chapter discusses discrimination in Northern Ireland. Topics covered include religious and political discrimination, the relevance of the European Convention, the absence of any challenge to the absence of race discrimination laws during the conflict, and housing and education issues.Less
This chapter discusses discrimination in Northern Ireland. Topics covered include religious and political discrimination, the relevance of the European Convention, the absence of any challenge to the absence of race discrimination laws during the conflict, and housing and education issues.
Jonathan Herring
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199229024
- eISBN:
- 9780191705274
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199229024.003.0002
- Subject:
- Law, Family Law
This chapter considers the legal protection offered against age discrimination. It looks at what ageism is and when, if ever, it can be justified. It considers why it has taken so long for society to ...
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This chapter considers the legal protection offered against age discrimination. It looks at what ageism is and when, if ever, it can be justified. It considers why it has taken so long for society to address the issue of ageism and unpacks some of the less obvious forms of age discrimination within society. It considers the ways in which age discrimination is like and unlike sex or race discrimination. Particular attention is paid to the recent regulations prohibiting age discrimination in the work place.Less
This chapter considers the legal protection offered against age discrimination. It looks at what ageism is and when, if ever, it can be justified. It considers why it has taken so long for society to address the issue of ageism and unpacks some of the less obvious forms of age discrimination within society. It considers the ways in which age discrimination is like and unlike sex or race discrimination. Particular attention is paid to the recent regulations prohibiting age discrimination in the work place.
Aileen McColgan
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198265887
- eISBN:
- 9780191682995
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198265887.003.0005
- Subject:
- Law, Company and Commercial Law
The Sex Discrimination Act became law on 29 December 1975. The Race Relations Act (which received the Royal Assent on 22 November 1976) was not primarily concerned with the issue of pay, but its ...
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The Sex Discrimination Act became law on 29 December 1975. The Race Relations Act (which received the Royal Assent on 22 November 1976) was not primarily concerned with the issue of pay, but its provisions did extend to cover discrimination in pay. This chapter discusses the provisions of the 1975 and 1976 Acts and the impact of the Acts. It demonstrates that neither the Sex Discrimination nor the Race Relations Acts have been an unmitigated success. In particular, the Sex Discrimination Act has failed to make any substantial impact on the most significant causes of women’s inequality in the labour market: namely, their horizontal and vertical segregation within narrow parts of the occupational and industrial spectrum and, most especially, the crippling effects of their movement into part-time work. The Race Relations Act, too, has failed to address the very real problems faced by ethnic minority women: in particular, their segregation into a narrow range of low-status jobs in declining industries and occupations, and the impact of these and other factors on their relative levels of pay.Less
The Sex Discrimination Act became law on 29 December 1975. The Race Relations Act (which received the Royal Assent on 22 November 1976) was not primarily concerned with the issue of pay, but its provisions did extend to cover discrimination in pay. This chapter discusses the provisions of the 1975 and 1976 Acts and the impact of the Acts. It demonstrates that neither the Sex Discrimination nor the Race Relations Acts have been an unmitigated success. In particular, the Sex Discrimination Act has failed to make any substantial impact on the most significant causes of women’s inequality in the labour market: namely, their horizontal and vertical segregation within narrow parts of the occupational and industrial spectrum and, most especially, the crippling effects of their movement into part-time work. The Race Relations Act, too, has failed to address the very real problems faced by ethnic minority women: in particular, their segregation into a narrow range of low-status jobs in declining industries and occupations, and the impact of these and other factors on their relative levels of pay.
Sandra Fredman (ed.)
- Published in print:
- 2001
- Published Online:
- March 2012
- ISBN:
- 9780199246038
- eISBN:
- 9780191697531
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199246038.001.0001
- Subject:
- Law, Human Rights and Immigration
This book provides an important contribution to the debate about the role of human rights law in combating racism. The first chapter examines the right to equality in the context of racism, drawing ...
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This book provides an important contribution to the debate about the role of human rights law in combating racism. The first chapter examines the right to equality in the context of racism, drawing on a wide range of international and comparative sources to create a critical framework of analysis. The second chapter locates the discussion within the context of multi-culturalism, ethnicity, and group rights, with specific reference to ethnicity within Europe. The next set of chapters is concerned with international instruments to address racism, followed by a critical examination of the newly developed race discrimination directive at EU level. The particular problem of race hatred on the internet is examined in the seventh chapter, followed by an important discussion of enforcement and remedial structures.Less
This book provides an important contribution to the debate about the role of human rights law in combating racism. The first chapter examines the right to equality in the context of racism, drawing on a wide range of international and comparative sources to create a critical framework of analysis. The second chapter locates the discussion within the context of multi-culturalism, ethnicity, and group rights, with specific reference to ethnicity within Europe. The next set of chapters is concerned with international instruments to address racism, followed by a critical examination of the newly developed race discrimination directive at EU level. The particular problem of race hatred on the internet is examined in the seventh chapter, followed by an important discussion of enforcement and remedial structures.
Lisa L. Miller
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195331684
- eISBN:
- 9780199867967
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331684.003.0006
- Subject:
- Political Science, American Politics
This chapter explores in more detail the nature and quality of interaction citizen groups have with the policy process in the two urban locales studied. In particular, the chapter addresses the two ...
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This chapter explores in more detail the nature and quality of interaction citizen groups have with the policy process in the two urban locales studied. In particular, the chapter addresses the two major questions left unanswered by the empirical analyses of the previous chapters: First, are the broad citizen groups that are active at the local level participating meaningfully in the policy process? Second, are they contributing anything substantially different from other groups? This chapter offers a more in-depth analysis of the local data in an effort to answer these complicated and underexplored questions and argues that the groups mobilized locally around urban crime problems frequently present policy frames that are substantially different from those promulgated by criminal justice agencies, professional associations, and highly active single-issue groups. Indeed, the deep connection urban dwellers have to crime, its causes, and its consequences makes their perspective unique and highly practical. Most notably, the policy environment for responding to crime at the local level is considerably more focused on victims—specifically on harm reduction—than is the environment at the state and national levels, where criminal justice agencies and narrow victims' groups dominate and focus much attention on punishing offenders.Less
This chapter explores in more detail the nature and quality of interaction citizen groups have with the policy process in the two urban locales studied. In particular, the chapter addresses the two major questions left unanswered by the empirical analyses of the previous chapters: First, are the broad citizen groups that are active at the local level participating meaningfully in the policy process? Second, are they contributing anything substantially different from other groups? This chapter offers a more in-depth analysis of the local data in an effort to answer these complicated and underexplored questions and argues that the groups mobilized locally around urban crime problems frequently present policy frames that are substantially different from those promulgated by criminal justice agencies, professional associations, and highly active single-issue groups. Indeed, the deep connection urban dwellers have to crime, its causes, and its consequences makes their perspective unique and highly practical. Most notably, the policy environment for responding to crime at the local level is considerably more focused on victims—specifically on harm reduction—than is the environment at the state and national levels, where criminal justice agencies and narrow victims' groups dominate and focus much attention on punishing offenders.
DAMIAN CHALMERS
- Published in print:
- 2001
- Published Online:
- March 2012
- ISBN:
- 9780199246038
- eISBN:
- 9780191697531
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199246038.003.0007
- Subject:
- Law, Human Rights and Immigration
This chapter describes the challenge of fashioning a concept of quality, looking at the most recent attempt to fashion a structure to address race discrimination: the European Union race equality ...
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This chapter describes the challenge of fashioning a concept of quality, looking at the most recent attempt to fashion a structure to address race discrimination: the European Union race equality directive. It asks whether the Directive can be correctly viewed as an instrument of intercultural evaluation, based on an acknowledgement of the value of a multicultural society, which respects claims of different collective identities as shared political values. According to the discussion, the European Commission (EC) has many ways best suited to policing the rules of intercultural evaluation. If interpreted in a particular manner, the race equality directive provides the necessary means to do so. However, the central need to develop and recognise negotiation procedures as a mechanism for intercultural evaluation is difficult to meet given the structure of the EC and its decision-making.Less
This chapter describes the challenge of fashioning a concept of quality, looking at the most recent attempt to fashion a structure to address race discrimination: the European Union race equality directive. It asks whether the Directive can be correctly viewed as an instrument of intercultural evaluation, based on an acknowledgement of the value of a multicultural society, which respects claims of different collective identities as shared political values. According to the discussion, the European Commission (EC) has many ways best suited to policing the rules of intercultural evaluation. If interpreted in a particular manner, the race equality directive provides the necessary means to do so. However, the central need to develop and recognise negotiation procedures as a mechanism for intercultural evaluation is difficult to meet given the structure of the EC and its decision-making.
Roger W. Shuy
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195328837
- eISBN:
- 9780199870165
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328837.001.0001
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was ...
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Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was worded, language becomes the very cause of the battle. Although there are many arenas in which language disputes can be observed, civil law cases offer the most fertile examples of this warfare over words. What did the business contract actually say or mean? Was there evidence of deceptive language practice in its promotional materials? Can the warning label become part of a product liability charge? Did the company evidence age discrimination or race discrimination against its employees or customers? Was one company's trademark too similar to another's? Did the company engage in copyright infringement? Was it guilty of procurement fraud in its business proposal? This book is about the way linguistic analysis describes, exposes, and helps corporations analyze disputed meanings and practices in various types of civil cases where the central issues revolve around the way language was used in commerce. It also provides all of the language data that was practical to include so that others can do their own analyses.Less
Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was worded, language becomes the very cause of the battle. Although there are many arenas in which language disputes can be observed, civil law cases offer the most fertile examples of this warfare over words. What did the business contract actually say or mean? Was there evidence of deceptive language practice in its promotional materials? Can the warning label become part of a product liability charge? Did the company evidence age discrimination or race discrimination against its employees or customers? Was one company's trademark too similar to another's? Did the company engage in copyright infringement? Was it guilty of procurement fraud in its business proposal? This book is about the way linguistic analysis describes, exposes, and helps corporations analyze disputed meanings and practices in various types of civil cases where the central issues revolve around the way language was used in commerce. It also provides all of the language data that was practical to include so that others can do their own analyses.
N. Scott Arnold
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195374964
- eISBN:
- 9780199871490
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374964.003.0012
- Subject:
- Philosophy, Political Philosophy
This chapter applies the requirements of Chapter 11 to selected items on the modern liberal regulatory agenda, specifically the prohibition on race and sex discrimination, occupational health Yeand ...
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This chapter applies the requirements of Chapter 11 to selected items on the modern liberal regulatory agenda, specifically the prohibition on race and sex discrimination, occupational health Yeand safety regulation as embodied in OSHA, and medical products regulation as overseen by the Food and Drug Administration. It concludes that with the exception of one form of race discrimination, the imposition of these elements of the modern liberal regulatory agenda has not been morally legitimate, since one or more of the requirements articulated in Chapter 11 has been violated. Those elements could have been legitimately imposed, but they were not—and this is because of the way it was done (e.g., by judicial or bureaucratic fiat, after arguing for it in bad faith).Less
This chapter applies the requirements of Chapter 11 to selected items on the modern liberal regulatory agenda, specifically the prohibition on race and sex discrimination, occupational health Yeand safety regulation as embodied in OSHA, and medical products regulation as overseen by the Food and Drug Administration. It concludes that with the exception of one form of race discrimination, the imposition of these elements of the modern liberal regulatory agenda has not been morally legitimate, since one or more of the requirements articulated in Chapter 11 has been violated. Those elements could have been legitimately imposed, but they were not—and this is because of the way it was done (e.g., by judicial or bureaucratic fiat, after arguing for it in bad faith).
Annapurna Waughray and David Keane
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0007
- Subject:
- Law, Human Rights and Immigration
The chapter examines the emergence of the issue of caste-discrimination under ICERD in the 1990s, its consolidation in General Recommenaiton 29, and State opposition, in particular from India, which ...
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The chapter examines the emergence of the issue of caste-discrimination under ICERD in the 1990s, its consolidation in General Recommenaiton 29, and State opposition, in particular from India, which contests the categorisation of caste as a form of descent-based discrimination and therefore a form of racial discrimination.Less
The chapter examines the emergence of the issue of caste-discrimination under ICERD in the 1990s, its consolidation in General Recommenaiton 29, and State opposition, in particular from India, which contests the categorisation of caste as a form of descent-based discrimination and therefore a form of racial discrimination.
Patrick Thornberry
- Published in print:
- 2002
- Published Online:
- July 2012
- ISBN:
- 9780719037931
- eISBN:
- 9781781700617
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719037931.003.0009
- Subject:
- History, World Modern History
The major instrument of the UN devoted to the issue of race discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination. The Convention was adopted by the ...
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The major instrument of the UN devoted to the issue of race discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination. The Convention was adopted by the General Assembly on 21 December 1965 and entered into force on 4 January 1969. By December 2001, the Convention had 161 States' parties. The text incorporates a preamble of twelve paragraphs, seven substantive articles (Part I of the Convention), a further nine articles addressing implementation (Part II) and nine articles on entry into force, denunciation, revision, reservations, etc. (Part III).Less
The major instrument of the UN devoted to the issue of race discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination. The Convention was adopted by the General Assembly on 21 December 1965 and entered into force on 4 January 1969. By December 2001, the Convention had 161 States' parties. The text incorporates a preamble of twelve paragraphs, seven substantive articles (Part I of the Convention), a further nine articles addressing implementation (Part II) and nine articles on entry into force, denunciation, revision, reservations, etc. (Part III).
Nozipho January-Bardill
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0004
- Subject:
- Law, Human Rights and Immigration
The chapter represents a discussion of racial discrimination and gender justice, or the link between the elimination of all forms of racial discrimination and the furtherance of gender justice via ...
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The chapter represents a discussion of racial discrimination and gender justice, or the link between the elimination of all forms of racial discrimination and the furtherance of gender justice via the UN treaty system.Less
The chapter represents a discussion of racial discrimination and gender justice, or the link between the elimination of all forms of racial discrimination and the furtherance of gender justice via the UN treaty system.
Ion Diaconu
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0014
- Subject:
- Law, Human Rights and Immigration
The chapter highlights the continued and future relevance of ICERD. While racism as an official state policy no longer exists, racial discrimination remains a reality, taking new forms. The ...
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The chapter highlights the continued and future relevance of ICERD. While racism as an official state policy no longer exists, racial discrimination remains a reality, taking new forms. The constructive dialogue between States parties and CERD will enable the continued application of the treaty to new and emerging situations and to new forms of racial discrimination.Less
The chapter highlights the continued and future relevance of ICERD. While racism as an official state policy no longer exists, racial discrimination remains a reality, taking new forms. The constructive dialogue between States parties and CERD will enable the continued application of the treaty to new and emerging situations and to new forms of racial discrimination.
Mollie Gregory
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780813166223
- eISBN:
- 9780813166759
- Item type:
- book
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813166223.001.0001
- Subject:
- Film, Television and Radio, Film
Stunts are fundamental to the movies. Stuntwomen examines the largely unexplored profession of stuntwomen in the American entertainment industry from the silent movie era to the 2000s. To their ...
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Stunts are fundamental to the movies. Stuntwomen examines the largely unexplored profession of stuntwomen in the American entertainment industry from the silent movie era to the 2000s. To their unique line of work, stunt players bring a combination of skills—athletics, acting, courage, adaptability, and a willingness to take risks. Minorities and women in the profession have battled institutional discrimination, unequal pay, and little access to higher positions. The book describes how stunt work began, its development over the decades, and its inherent dangers. It also charts the history of film and television, the rise of visual effects, and vital social changes—such as the civil rights and women’s movements—that influenced the growth of women’s action roles onscreen and improved opportunities for both actresses and stuntwomen. Most changes have been difficult and slow, however. From the 1920s on, stuntwomen were in a classic David and Goliath battle against the system to gain the work that might injure or even kill them. Since the 1970s, as the number of stuntwomen has increased, they have actively challenged their working conditions, sometimes successfully, but often not. Today’s new generation of stuntwomen has different expectations. Inequities still exist, but these stuntwomen’s talent, audacity, and onscreen feats will prevail.Less
Stunts are fundamental to the movies. Stuntwomen examines the largely unexplored profession of stuntwomen in the American entertainment industry from the silent movie era to the 2000s. To their unique line of work, stunt players bring a combination of skills—athletics, acting, courage, adaptability, and a willingness to take risks. Minorities and women in the profession have battled institutional discrimination, unequal pay, and little access to higher positions. The book describes how stunt work began, its development over the decades, and its inherent dangers. It also charts the history of film and television, the rise of visual effects, and vital social changes—such as the civil rights and women’s movements—that influenced the growth of women’s action roles onscreen and improved opportunities for both actresses and stuntwomen. Most changes have been difficult and slow, however. From the 1920s on, stuntwomen were in a classic David and Goliath battle against the system to gain the work that might injure or even kill them. Since the 1970s, as the number of stuntwomen has increased, they have actively challenged their working conditions, sometimes successfully, but often not. Today’s new generation of stuntwomen has different expectations. Inequities still exist, but these stuntwomen’s talent, audacity, and onscreen feats will prevail.
David Keane and Annapurna Waughray (eds)
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.001.0001
- Subject:
- Law, Human Rights and Immigration
Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination is the very first edited collection on ICERD, the oldest of the UN human rights treaties. With a ...
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Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination is the very first edited collection on ICERD, the oldest of the UN human rights treaties. With a major Introduction and 13 chapters, it provides a unique combination of members of the Committee on the Elimination of Racial Discrimination (CERD) and academic and other experts, to discuss the importance of the treaty on its 50th anniversary.Less
Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination is the very first edited collection on ICERD, the oldest of the UN human rights treaties. With a major Introduction and 13 chapters, it provides a unique combination of members of the Committee on the Elimination of Racial Discrimination (CERD) and academic and other experts, to discuss the importance of the treaty on its 50th anniversary.
Mark C. Jerng
- Published in print:
- 2017
- Published Online:
- January 2019
- ISBN:
- 9780823277759
- eISBN:
- 9780823280544
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fordham/9780823277759.003.0008
- Subject:
- Sociology, Race and Ethnicity
This chapter discusses alternate histories of the Civil War in relation to U.S. Equal Protection jurisprudence and race discrimination law. It shows how the racial counterfactual shapes what counts ...
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This chapter discusses alternate histories of the Civil War in relation to U.S. Equal Protection jurisprudence and race discrimination law. It shows how the racial counterfactual shapes what counts as discrimination in an important anti-affirmative action legal case, Ricci v. Destefano. In particular, it analyzes the prominent use of racial counterfactuals by the Supreme Court justices in order to organize the perception of race. It then surveys alternate histories of the U.S. Civil War and describes their logics of narrative explanation. Finally, it turns to Terry Bissons’ Fire on the Mountain and Steven Barnes’s Lion’s Blood as examples of a strategic use of the racial counterfactual in order to envision different understandings of racial freedom and equality.Less
This chapter discusses alternate histories of the Civil War in relation to U.S. Equal Protection jurisprudence and race discrimination law. It shows how the racial counterfactual shapes what counts as discrimination in an important anti-affirmative action legal case, Ricci v. Destefano. In particular, it analyzes the prominent use of racial counterfactuals by the Supreme Court justices in order to organize the perception of race. It then surveys alternate histories of the U.S. Civil War and describes their logics of narrative explanation. Finally, it turns to Terry Bissons’ Fire on the Mountain and Steven Barnes’s Lion’s Blood as examples of a strategic use of the racial counterfactual in order to envision different understandings of racial freedom and equality.
Roger J.R. Levesque
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9781479815586
- eISBN:
- 9781479833597
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479815586.001.0001
- Subject:
- Psychology, Developmental Psychology
In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another ...
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In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way. This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths' rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life. The book articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. The book shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.Less
In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way. This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths' rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life. The book articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. The book shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.
Joshua Clark
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0003
- Subject:
- Law, Human Rights and Immigration
Through the issue of disaggregated data collection, the chapter tracks the changes in CERD’s approach from its early days to contemporary questions, capturing shifts in the Committee’s priorities and ...
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Through the issue of disaggregated data collection, the chapter tracks the changes in CERD’s approach from its early days to contemporary questions, capturing shifts in the Committee’s priorities and engagement with States parties.Less
Through the issue of disaggregated data collection, the chapter tracks the changes in CERD’s approach from its early days to contemporary questions, capturing shifts in the Committee’s priorities and engagement with States parties.
Joshua Castellino
- Published in print:
- 2017
- Published Online:
- May 2018
- ISBN:
- 9781784993047
- eISBN:
- 9781526132284
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9781784993047.003.0012
- Subject:
- Law, Human Rights and Immigration
The chapter articulates the relationship between the minority rights discourse and ICERD, and looks forward to a greater understanding of its relevance to minority rights. Overall the chapter paints ...
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The chapter articulates the relationship between the minority rights discourse and ICERD, and looks forward to a greater understanding of its relevance to minority rights. Overall the chapter paints ICERD as a key custodian of minority rights within the UN system, a role which has been under-represented in the literature.Less
The chapter articulates the relationship between the minority rights discourse and ICERD, and looks forward to a greater understanding of its relevance to minority rights. Overall the chapter paints ICERD as a key custodian of minority rights within the UN system, a role which has been under-represented in the literature.
Corey Brettschneider
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691147628
- eISBN:
- 9781400842377
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691147628.001.0001
- Subject:
- Philosophy, Political Philosophy
How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of ...
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How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.Less
How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.
Hugh Collins
- Published in print:
- 1992
- Published Online:
- March 2012
- ISBN:
- 9780198254355
- eISBN:
- 9780191681479
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198254355.003.0001
- Subject:
- Law, Employment Law
This chapter discusses an introduction to the concept of justice in the workplace. The discussion also touches on the possibility of termination of employment as a result of a wide range of cases, ...
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This chapter discusses an introduction to the concept of justice in the workplace. The discussion also touches on the possibility of termination of employment as a result of a wide range of cases, from race discrimination to deliberate sex in the workplace. The chapter also gives a brief description of the essays that are included in the book. These eight essays are organized around particular problems of justice that are raised by cases of termination of employment and the law governing them. Every one of these essays adopts methods that seem to be the most appropriate to find useful and constructive solutions to the questions of justice that are raised in these contexts.Less
This chapter discusses an introduction to the concept of justice in the workplace. The discussion also touches on the possibility of termination of employment as a result of a wide range of cases, from race discrimination to deliberate sex in the workplace. The chapter also gives a brief description of the essays that are included in the book. These eight essays are organized around particular problems of justice that are raised by cases of termination of employment and the law governing them. Every one of these essays adopts methods that seem to be the most appropriate to find useful and constructive solutions to the questions of justice that are raised in these contexts.
