Artículos de revistas sobre el tema "ANTI-DISCRIMINATION MEASURES"
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Buniak, Daria. "Constitutional Gender Anti-Discrimination Measures in European Model of Human Rights". Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, n.º 3 (6 de noviembre de 2020): 245–56. http://dx.doi.org/10.21603/2542-1840-2020-4-3-245-256.
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The present research featured anti- discrimination laws used in EU countries. The research objective was to describe the categories of equality, non-discrimination, and protection against discrimination within the European model of human rights, as well as to analyze their effectiveness. The article focuses on domestic violence, gender discrimination in the political sphere, and the so-called gender laws, or laws on gender-based violence. Even in the modern world, women still remain subject to discrimination. This fact justifies the development of special laws to protect their natural rights. However, the exact extent of gender discrimination remains unclear. The author raises the question of effectiveness of such laws and other legal provisions. The research featured both constitutional norms and current legislation in cases its norms develop the constitutionally significant principle of non-discrimination, as well as the practice of constitutional review bodies, special bodies, and legal awareness. The work was based on the dialectical method (logical method, analysis and synthesis, modeling), as well as on some special methods (formal legal, historical, systemic, etc.). The formal legal method was used to analyze the gender anti-discrimination norms of legislation of EU countries. The specific-historical method helped to interpret the legal events and facts that shaped the modern constitutional protection measures. The system method was used to describe the legislation of the EU states. Equality is the freedom for a person to choose their identity and occupation regardless of behavior stereotypes imposed by their community. The European model of human rights concentrates on such constitutional and legal aspects of the fight against discrimination as the legislation reform and bodies of constitutional control. However, sometimes such measures fail and might be used for manipulation.
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Howard, Erica. "Anti Race Discrimination Measures in Europe: An Attack on Two Fronts". European Law Journal 11, n.º 4 (julio de 2005): 468–86. http://dx.doi.org/10.1111/j.1468-0386.2005.00271.x.
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Berthou, Katell. "New Hopes for French Anti-Discrimination Law". International Journal of Comparative Labour Law and Industrial Relations 19, Issue 1 (1 de marzo de 2003): 107–37. http://dx.doi.org/10.54648/ijcl2003006.
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Abstract: This article provides an analysis of the recent legal developments in France in the field of equal treatment and equal opportunity in the workplace. It begins with a survey of the situation prior to 2001, paying special attention to the failures of French law, in particular where the burden of proof and indirect discrimination are concerned. It then proceeds to examine the two statutes enacted in 2001. In an attempt to implement EC Directives 2000/43/EC and 2000/78/EC these statutes provide additional incentives for collective bargaining on sex equality, an extension of the scope of protection against discrimination, a new regime as regards the burden of proof and measures to ensure more effective judicial protection.
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Bygnes, Susanne. "Making Equality Diverse? Merged Gender Equality and Anti-Discrimination Measures in Norway". NORA - Nordic Journal of Feminist and Gender Research 18, n.º 2 (junio de 2010): 88–104. http://dx.doi.org/10.1080/08038741003755475.
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Oppenheimer, David B. "The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality". Brill Research Perspectives in Comparative Discrimination Law 3, n.º 3-4 (31 de julio de 2019): 1–114. http://dx.doi.org/10.1163/24522031-12340007.
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Abstract In The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality: A Comparative Global Perspective, part of the Brill series on Comparative Discrimination Law, David Oppenheimer compares positive measures for addressing inequality and systemic discrimination, including discrimination based on gender, race, ethnicity, color, national origin, disability, and religion. Across the globe, such measures are ubiquitous, commonly applied in employment, admission to selective colleges and universities, selection for legislative seats, and membership on corporate boards. They are variously described as “positive measures,” “affirmative action,” “positive action,” “compensatory action,” or “special measures.” These policies began in the late-eighteenth to mid-nineteenth centuries, as a part of the social/political movements to end slavery, grant universal suffrage, end colonialism, grant equal rights to women and men regardless of social status or property, eliminate the caste system, adopt measures of proportional representation, embrace the benefits of diversity, and endorse universal equality. Nearly every large nation in the world has adopted at least some special measure plans, with continuing experiments using quotas, reservations, set-asides, reparations, preferences, tie-breakers, targeted recruiting efforts, diversity measures, equity and inclusion policies, anti or unconscious bias training, and public disclosure requirements.
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FOUKA, VASILIKI. "How Do Immigrants Respond to Discrimination? The Case of Germans in the US During World War I". American Political Science Review 113, n.º 2 (4 de marzo de 2019): 405–22. http://dx.doi.org/10.1017/s0003055419000017.
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I study the effect of taste-based discrimination on the assimilation decisions of immigrant minorities. Do discriminated minority groups increase their assimilation efforts in order to avoid discrimination and public harassment or do they become alienated and retreat in their own communities? I exploit an exogenous shock to native attitudes, anti-Germanism in the United States during World War I, to empirically identify the reactions of German immigrants to increased native hostility. I use two measures of assimilation efforts: naming patterns and petitions for naturalization. In the face of increased discrimination, Germans increase their assimilation investments by Americanizing their own and their children’s names and filing more petitions for US citizenship. These responses are stronger in states that registered higher levels of anti-German hostility, as measured by voting patterns and incidents of violence against Germans.
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Thornton, Margaret. "Equality and Anti-Discrimination Legislation: An Uneasy Relationship". Law in Context. A Socio-legal Journal 37, n.º 2 (28 de agosto de 2021): 12–26. http://dx.doi.org/10.26826/law-in-context.v37i2.149.
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Despite the rhetoric of equality that infuses anti-discrimination legislation, a close analysis reveals that it is in-equality that is invariably privileged. With reference to the Australian example, this introductory article will show how the paradox is played out at multiple sites in terms of both form and substance, such as through the individualism and confidentiality of the complaint-based mechanism. A striking exclusion from the legislation is the attribute of class, the most significant manifestation of social inequality, which remains ineffable even when it significantly shapes other attributes. The prevailing political backdrop of neoliberalism plays a significant role in promoting inequality through competition policy and profit maximisation. Powerful corporations not only endeavour to resist transparency, but they also tend to oppose proactive measures in favour of substantive equality. The contradictions of anti-discrimination legislation thereby sustain in-equality while simultaneously espousing the rhetoric of equality.
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Howard, Erica. "Bans on the Wearing of Religious Symbols in British Schools: A Violation of the Right to Non-Discrimination?" Religion & Human Rights 6, n.º 2 (2011): 127–49. http://dx.doi.org/10.1163/187103211x576071.
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AbstractBans on the wearing of religious symbols in education have been said to violate the right to freedom of religion and/or anti-discrimination legislation. This article builds on an earlier article published in this journal which examined whether bans constitute a violation of the fundamental human right to freedom of religion. It analyses such bans as a breach of anti-discrimination measures by looking at cases of the European Court of Human Rights and the British courts. This analysis leads to the conclusion that a claim based on anti-discrimination law is not likely to be more successful in court than a claim based on freedom of religion because similar issues are taken into account in both decisions.
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Friedrich, Bettina, Sara Evans-Lacko, Jillian London, Danielle Rhydderch, Claire Henderson y Graham Thornicroft. "Anti-stigma training for medical students: The Education Not Discrimination project". British Journal of Psychiatry 202, s55 (abril de 2013): s89—s94. http://dx.doi.org/10.1192/bjp.bp.112.114017.
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BackgroundEducation Not Discrimination (END) is the component of the Time to Change programme intended to reduce mental health stigma among professionals and professional trainees.AimsTo investigate the impact of the END anti-stigma programme on medical students immediately and after 6 months with regard to knowledge, attitudes, behaviour and empathy.MethodA total of 1452 medical students participated in the study (intervention group n = 1066, control group n = 386).Participants completed questionnaires at baseline, and at immediate and 6-month follow-up. Groups were compared for changes in stigma outcomes.ResultsAll measures improved in both groups, particularly among students with less knowledge and more stigmatising attitudes and intended behaviour at baseline. At immediate follow-up the intervention group demonstrated significantly greater improvements in stigma-related knowledge and reductions in stigma-related attitudes and intended behaviour, relative to the control group. At 6 months' follow-up, however, only one attitude item remained significantly better.ConclusionsAlthough the intervention produced short-term advantage there was little evidence for its persistent effect, suggesting a need for greater integration of ongoing measures to reduce stigma into the medical curriculum.
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Zeng, Rongxin y Xiaoshan Li. "On the Illegality and Regulation of Algorithmic Price Discrimination in China's Digital Economy". Journal of Politics and Law 16, n.º 4 (6 de noviembre de 2023): 36. http://dx.doi.org/10.5539/jpl.v16n4p36.
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The legal issue of algorithmic price discrimination sparked by the in-depth use of big data and algorithm techniques has emerged as a significant concern in the development of China's digital economy. Although Chinese law has implemented many regulations on the collection and protection of personal information, data security and governance, as well as on price discrimination, instances of algorithmic price discrimination have arisen in judicial practice. The legal issue surrounding algorithmic price discrimination has not yet been fully resolved. Legal studies in China on this issue mainly uses "big data killing" or "algorithmic price discrimination" to define it. Regarding the legal classification and regulation of algorithmic price discrimination: the Anti-Monopoly Law's regulatory measures are limited from a competition law standpoint. Instead, Anti-Unfair Competition Law provides a more appropriate framework. As for civil law, the question of whether the algorithmic price discrimination qualifies as a civil tort still requires discussion; nevertheless, it satisfies all the constitutive elements of fraud in Chinese civil law.
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Reyna, Christine, Mark Brandt y G. Tendayi Viki. "Blame It on Hip-Hop: Anti-Rap Attitudes as a Proxy for Prejudice". Group Processes & Intergroup Relations 12, n.º 3 (17 de abril de 2009): 361–80. http://dx.doi.org/10.1177/1368430209102848.
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This research investigated the stereotypes associated with rap music and hip-hop culture, and how those stereotypes may influence anti-Black attitudes and justifications for discrimination. In three studies—using a representative sample from America, as well as samples from two different countries—we found that negative stereotypes about rap are pervasive and have powerful consequences. In all three samples, negative attitudes toward rap were associated with various measures of negative stereotypes of Blacks that blamed Blacks for their economic plights (via stereotypes of laziness). Anti-rap attitudes were also associated with discrimination against Blacks, through both personal and political behaviors. In both American samples, the link between anti-rap attitudes and discrimination was partially or fully mediated by stereotypes that convey Blacks' responsibility. This legitimizing pattern was not found in the UK sample, suggesting that anti-rap attitudes are used to reinforce beliefs that Blacks do not deserve social benefits in American society, but may not be used as legitimizing beliefs in other cultures.
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Ahn, Jean. "A Study on the Key Issues of Legislation of Anti-discrimination Act: Focusing on the Bills of Equality Act Proposed to the National Assembly". Institute for Legal Studies Chonnam National University 42, n.º 4 (30 de noviembre de 2022): 281–328. http://dx.doi.org/10.38133/cnulawreview.2022.42.4.281.
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This article aims at figuring out the key issues of legislation through the analysis of the bills of Equality Act or Anti-discrimination Act proposed to the National Assembly, based on the preliminary overview of legislative movement for the enactment of Anti-discrimination Act and the short history of legislation over the fifteen years since Ro Moo-hyun government in Korea. Key issues are picked out as follows through examining four bills proposed to the the National Assembly(Hye-young Jang’s Bill under the name of the Anti-discrimination Act and Sang-min Lee’s Bill, Joo-min Park’s Bill, and In-sook Kwon’s Bill under the name of the Equality Act) : the appropriate name of anti-discrimination law, types of discrimination, areas(scopes) and grounds of discrimination, exceptions of discrimination, instrument of remedy of discrimination, adoption of the compensatory and punitive damages. All the Bills agreed that ‘gender identity’ and ‘status of employment’ should be added to the current nineteen grounds of discrimination stipulated in the National Human Rights Commission Act as the protected characteristics of grounds of discrimination. Hye-young Jang’s Bill includes two more grounds of discrimination such as language and nationality. Furthermore, this study is suggesting to add three more characteristics of grounds of discrimination such as academic background, occupation, and engagement in labor union because those characteristics are very influential in Korean culture. Four bills are commonly suggesting to expand the scopes of discrimination by adding ‘the supply or use of administrative services et. al’ to the current three scopes (employment, the supply or use of goods and services, education) under the National Human Rights Commission Act. They also accepted the broad conception of discrimination which includes indirect discrimination, harassment, sexual harassment and the discriminatory advertisement or expression as well as direct discrimination. Consequently the equality act need to extend the conception and types of discrimination beyond the National Human Rights Commission Act. According to all of the Bills, not only the affirmative action but genuine occupational qualification(BFOQ) in employment should be accepted as the exception of discrimination. In order for the effective enforcement of the equality act, all the Bills are adopting the new instruments of remedy such as the corrective order, the support of litigation of the National Human Rights Commission, provisional or positive measures by the court decision, and the compensatory and punitive damages for the harmful discrimination. These key issues should be considered in the legislation of the anti-discrimination act or the equality act in the near future.
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Mahncke, Hans. "Applying the MFN Principle to WTO Anti-dumping Law: An Opportunity for Curbing the Use of Anti-dumping Measures". Legal Issues of Economic Integration 41, Issue 2 (1 de mayo de 2014): 169–91. http://dx.doi.org/10.54648/leie2014009.
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Since the 1970s anti-dumping has gained prominence in international trade law. Not only have anti-dumping measures proliferated but many new anti-dumping users have emerged, including developing countries. However, the limited negotiating mandate of the WTO's Doha Round indicates that anti-dumping law will remain unchanged for years to come. In seeking ways to reverse these trends, this study explores the possibility of constraining the use of the anti-dumping instrument through existing laws. It approaches this objective by examining the relationship between the WTO's specialized anti-dumping laws and the GATT's core non-discrimination rule, the MFN principle. It concludes that the application of the MFN discipline within the anti-dumping context is mandated by WTO law and that such application offers a viable path to advance the anti-dumping law discourse beyond its traditional understanding.
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O'Connell, Karen. "Should we take the 'disability' out of discrimination laws?: Students with challenging behaviour and the definition of disability". Law in Context. A Socio-legal Journal 35, n.º 2 (1 de diciembre de 2017): 108–28. http://dx.doi.org/10.26826/law-in-context.v35i2.20.
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Disability discrimination law has been of limited benefit to people with atypical and challenging behaviour. The role that law might play in upholding the equality rights of people with challenging behaviour is potentially expanded by changing medical and scientific knowledge about such behaviour, which brings more people within the definition of 'disability' and the protective ambit of the law. Yet this protective promise has not translated into legal gains, with few successful equality law cases decided in Australian courts and tribunals. This article critically examines the role of law, particularly anti-discrimination law, in regulating (or protecting) divergent behaviour, using a case study of students with challenging behaviour in Australian schools. It considers the lack of successful discrimination law cases in the education context, and asks whether, given this seeming legislative failure, disability discrimination laws have anything left to offer school students in terms of protecting their equality rights. The article gives an overview of anti-discrimination complaints and cases brought by students with challenging behaviour. It includes interview data from State and federal anti-discrimination bodies, legal practitioners and disability activists to complement case law and other public reports of discrimination. Using this background data, the article considers whether current discrimination law models do enough to protect the rights of students with challenging behaviour to education and inclusion in public life or whether new legal and policy measures are needed. It specifically examines changes to the regulatory landscape, including the Convention on the Rights of Persons with Disability, and whether there are any real prospects for law reform.
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Bell, Mark y Lisa Waddington. "Exploring the boundaries of positive action under EU law: A search for conceptual clarity". Common Market Law Review 48, Issue 5 (1 de octubre de 2011): 1503–26. http://dx.doi.org/10.54648/cola2011059.
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Positive action is a central element of EU anti-discrimination legislation. It allows measures to be taken to further the realization of full equality in practice by redressing past or present disadvantages experienced by groups such as women, ethnic minorities, etc. With the expansion of EU anti-discrimination law, additional methods of promoting equality have been introduced, such as reasonable accommodation duties, mainstreaming and equality data collection. This has given rise to some terminological and conceptual confusion as to the distinction between these measures and positive action, including within court judgments. This article argues that positive action can be separated from other techniques for promoting equality and that maintaining this distinction is important. In particular, there are a specific set of requirements for positive action measures to be lawful, including respect for the principle of proportionality. Applying these requirements in an over-inclusive manner could have the effect of imposing unnecessary restrictions, as well as generating confusion for organizations and individuals with regard to what positive action entails.
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Karpinska, Nataliia. "Principles of application sanitary and phytosanitary measures: WTO and EU requirements". Law and innovative society, n.º 2 (15) (4 de enero de 2020): 128–34. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-20.
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Problem setting. The study highlights the basic principles that reflect the basic principles of regulating the application of sanitary and phytosanitary measures under WTO law through the prism of EU requirements: the principles of independence, non-discrimination, scientific validity, national treatment, most-favored-nation treatment, transparency, harmonization. Target of research. The main target of this research is to analyze the principles that reflect the basic principles of regulating the application of SPS under WTO law: the principles of independence, non-discrimination, scientific validity, national treatment, most-favored-nation treatment, transparency, harmonization and their extrapolation into EU law. Analysis of recent researches and publications. The following scientists were engaged in research of issues: V. Nosik, A. Stativka, A. Dukhnevych, H. Grigorieva, G. Mamyshov, S. Komendantov, N. Chuiko, T. Gulyaeva, M. Popov, A. Popova and others. Article`s main body. Considering that the legal principles of application of sanitary and phytosanitary measures, which are provided by WTO law, are binding on Ukraine and the EU, and they are based on domestic and European legislation in this area, as well as noting that their direction and content these principles are heterogeneous, they are divided into two groups: the principle of independence (the principle of sovereignty) and anti-protectionist principle. The principles of the second group are aimed at a single goal – to restrict the sovereign freedom of the state to decide on sanitary and phytosanitary measures in its territory or sanitary and phytosanitary measures on products that enter (import) into its territory. In the system of anti-protectionist principles of WTO law, the basic component (principle of non-discrimination), regime component (principles of national regime and most-favored-nation regime), information component (principle of transparency) and substantive component (principles of scientific substantiation and harmonization) are singled out. Developed and politically strong countries, taking into account their own economic, social, environmental and other risks, choose different strategies to protect their own interests, among which the most popular is the strategy of increasing the requirements for sanitary and phytosanitary measures on the basis of scientifically sound data. Conclusions and prospects for the development. The legal principles of application of sanitary and phytosanitary measures, which are provided by WTO law, are binding on Ukraine and the EU, and are based on domestic and European legislation in this area. The conclusion that the most popular are: the strategy of increasing the requirements for sanitary and phytosanitary measures on the basis of scientifically based data and the politically sound decision to ignore some requirements and anti-protectionist principles is substantiated.
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Ashmarina, Alexandra A. y Anna E. Tsymbalova. "The Kingdom of Spain’s Key Ministries of on Combating Racism, Xenophobia and Other Types of Discrimination: Activities and Structures". Vestnik Tomskogo gosudarstvennogo universiteta, n.º 460 (2020): 97–106. http://dx.doi.org/10.17223/15617793/460/12.
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The article focuses on the study the structural and functional characteristics of three departments: the Ministry of Labor, Migration and Social Security; the Ministry of Internal Affairs; and the Ministry of the Presidency for Relations with Courts and Equality Issues, because these ministries directly control and regulate activities in the field of combating discrimination and intolerance. The aim of the article is to study the structure and various aspects of cooperation between these ministries, with particular attention to the implementation of special programs to combat various types of discrimination. The article was prepared using original sources, such as official electronic resources of the key ministries and institutions, regulatory documents, draft programs on combating discrimination and intolerance, agreements between Spain and international organizations. The plans and reports of the police, which reflect the main measures taken to combat racism and xenophobia, were analyzed. The study is based on an institutional approach, which allows carrying out a comprehensive analysis of the activities of Spanish public institutions and organizations in the field of combating discrimination and intolerance at the state, autonomous and city levels. The study employed the general scientific methods of analysis to highlight the key areas of activity of the ministries and to study them comprehensively, comparison to identify the general and specific functions of each of the organs, and generalization to identify the most common directions of anti-discrimination policy in Spain. In the course of the study, the authors develop the thesis that discrimination is a multidimensional phenomenon, the consequences of which affect not only individuals or groups, suffering from discrimination, but also, indirectly, society and the sociopolitical climate in general. Anti-discrimination measures are obligatory for the implementation of a comprehensive public policy, but, despite the presence of common functionality, the key ministries involved in this area have their own specifics. As a result of the study, the authors come to the conclusion that Spain has an extensive network of institutions and organizations dealing with the prevention and fight against various types of intolerance and discrimination. This network operates based not only on the local legislative basis, but also on international treaties and agreements with international organizations. The well-developed institutional structure and the introduction of new specialized organizations increase the effectiveness of government’s measures. The large number of projects to combat racism and xenophobia, which annually receive funding from the state and the EU, indicate that this area is receiving very close attention.
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Farahat, Anuscheh. "Discrimination Inside: Non-Discrimination as a Tool of Migrant Integration". AJIL Unbound 115 (2021): 350–55. http://dx.doi.org/10.1017/aju.2021.55.
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Migration control does not end at the border. Rather, controlling migration (and migrants) continues inside host countries as migration status is used to stratify benefits and limit rights across social, economic, cultural, and political life. This differentiation typically has exclusionary effects and aggravates structural disadvantages that migrants face. This essay argues that we should use anti-discrimination law to address such practices of differentiation and remedy their detrimental effects. While non-discrimination clauses in international human rights treaties provide a powerful resource to this end, they are currently often interpreted in a restrictive manner. “Differentiation within” includes a variety of measures such as restrictions on migration status that limit the right to work, restrictions on political participation, restrictions on freedom of movement based on migration status, and requirements of cultural adaptation.
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Küey, L. "Room for hope: How to deal with growing racism and discrimination?" European Psychiatry 33, S1 (marzo de 2016): S43. http://dx.doi.org/10.1016/j.eurpsy.2016.01.897.
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Discrimination could be defined as the attitudes and behavior based on the group differences. Any group acknowledged and proclaimed as ‘the other’ by prevailing zeitgeist and dominant social powers, and further dehumanized may become the subject of discrimination. Moreover, internalized discrimination perpetuates this process. In a spectrum from dislike and micro-aggression to overt violence towards ‘the other’, it exists almost in all societies in varying degrees and forms; all forms involving some practices of exclusion and rejection. Hence, almost all the same human physical and psychosocial characteristics that constitute the bases for in-group identities and reference systems could also become the foundations of discrimination towards the humans identified as out-groups. Added to this, othering, arising from imagined and generalized differences and used to distinguish groups of people as separate from the norm reinforces and maintains discrimination.Accordingly, discrimination built on race, color, sex, gender, gender identity, nationality and ethnicity, religious beliefs, age, physical and mental disabilities, employment, caste and language have been the focus of a vast variety of anti-discriminatory and inclusive efforts. National acts and international legislative measures and conventions, political and public movements and campaigns, human rights movements, education programs, NGO activities are some examples of such anti-discriminatory and inclusive efforts. All these efforts have significant economic, political and psychosocial components.Albeit the widespread exercise of discrimination, peoples of the world also have a long history of searching, aiming and practicing more inclusive ways of solving conflicts of interests between in-groups and out-groups. This presentation will mainly focus on the psychosocial aspects of the anti-discriminative efforts and search a room for hope and its realistic bases for a more non-violent, egalitarian and peaceful human existence.Disclosure of interestThe author has not supplied his declaration of competing interest.
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Kaptur, Klaudia M. "Koncepcja dzielnej ofiary a obszary kulturowo-prawnej dyskryminacji instytucjonalnej kobiet w Polsce". Studia Prawa Publicznego, n.º 2 (42) (26 de junio de 2023): 121–49. http://dx.doi.org/10.14746/spp.2023.2.42.5.
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Institutional discrimination against women in Poland is a social problem that persists despite constitutional guarantees of gender equality and legislation providing for compensatory measures. The article analyzes the possibility of using M. Marody’s concept of the “brave victim” as a means of designing compensatory actions in legislation and enforcement that will help eliminate institutional discrimination. Institutional discrimination is defined in legal doctrine as discrimination that occurs at the level of a given institution, organization, or even society as a whole.The article also analyzes cultural and social factors that condition or contribute to the deepening of legal and social inequality for women. The article identifies areas of institutional discrimination in Poland, including: the labor market, parental rights, social rights, access to political functions, and increasing women’s participation in public life.The analysis of national legal regulations and regulations implemented from EU law indicates the heterogeneity of protection against discrimination. The article proposes conditions and principles for the application of special legal solutions that establish anti-discrimination standards applicable in the current social conditions in Poland.The concept of the “brave victim” is a social fact that the legislator should take into account when designing policy law to avoid social tensions and develop effective legal solutions to counter discrimination.
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Muntarbhorn, Vitit. "Microverse, Mezzoverse, Macroverse: Protection Against Discrimination in an Artificialised World?" Asia-Pacific Journal on Human Rights and the Law 24, n.º 2 (31 de agosto de 2023): 186–97. http://dx.doi.org/10.1163/15718158-24020006.
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Abstract The article addresses the issue of protection against discrimination in an artificialised world, shaped by automation, algorithms and artificial intelligence (ai) and interlinked with digitalisation. While traditionally advocacy against discrimination was based mainly on the call for specific anti-discrimination laws coupled with other actions, there is a more recent entry point in the form of personal data protection laws. These can help to safeguard privacy in relation to personal data which adds to protection against discrimination. However, the right to privacy and the right to freedom of expression (covering data flows) must be balanced well in the process, and the article refers to recent experiences from various regions. The contribution of different stakeholders is essential. Options include regulation by the State, self-regulation by the business sector, co-regulation between a mix of governmental and business-related cooperation, due diligence measures, technical solutions, consumer-based initiatives, specific attention to vulnerabilities, checks and balances against abuse of power, and demonopolisation.
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Zehnter, Miriam K., Francesca Manzi, Patrick E. Shrout y Madeline E. Heilman. "Belief in sexism shift: Defining a new form of contemporary sexism and introducing the belief in sexism shift scale (BSS scale)". PLOS ONE 16, n.º 3 (11 de marzo de 2021): e0248374. http://dx.doi.org/10.1371/journal.pone.0248374.
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The belief that the target of sexism has shifted from women to men is gaining popularity. Yet despite its potential theoretical and practical importance, the belief that men are now the primary target of sexism has not been systematically defined nor has it been reliably measured. In this paper, we define the belief in sexism shift (BSS) and introduce a scale to measure it. We contend that BSS constitutes a new form of contemporary sexism characterized by the perception that anti-male discrimination is pervasive, that it now exceeds anti-female discrimination, and that it is caused by women’s societal advancement. In four studies (N = 666), we develop and test a concise, one-dimensional, 15-item measure of BSS: the BSS scale. Our findings demonstrate that BSS is related to, yet distinct from other forms of sexism (traditional, modern, and ambivalent sexism). Moreover, our results show that the BSS scale is a stable and reliable measure of BSS across different samples, time, and participant gender. The BSS scale is also less susceptible to social desirability concerns than other sexism measures. In sum, the BSS scale can be a valuable tool to help understand a new and potentially growing type of sexism that may hinder women in unprecedented ways.
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Bennett, Michael, Sharon Roberts y Howard Davis. "The Way Forward — Positive Discrimination or Positive Action?" International Journal of Discrimination and the Law 6, n.º 3 (marzo de 2005): 223–49. http://dx.doi.org/10.1177/135822910500600303.
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The focus of this article is an evaluation of the Race Relations (Amendment) Act 2000, which imposes duties on public authorities, and the Sex Discrimination (Election Candidates) Act 2002, which gives opportunities to political parties over the selection of candidates. Both of these Acts help to move anti-discrimination law in the United Kingdom away from a concentration on remedies for inconsistent treatment towards the acceptance of the need for positive measures aimed at both protecting and also advancing the position of an under-represented group. The article suggests that the positive measures these Acts exemplify may lead to conflict with the background principle that individuals should be treated with equal concern and respect. The article suggests that this principle underlies the limits to positive action in employment schemes under European Union law (the article includes a consideration of whether such limits apply to election candidacy); it goes on to consider the principle in respect of the limits to positive action authorised by these two Acts that may follow from the Human Rights Act 1998. The article concludes by considering whether the new legislation provides acceptable models for the future.
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Ahmad, Akhlaq. "Do Equal Qualifications Yield Equal Rewards for Immigrants in the Labour Market?" Work, Employment and Society 34, n.º 5 (3 de junio de 2020): 826–43. http://dx.doi.org/10.1177/0950017020919670.
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Using a correspondence field experiment, the study reported in this article has investigated if immigrant job applicants with equivalent qualifications are treated differently in the Finnish labour market. The study consists of 5000 job applications that were sent out to 1000 advertised positions by five applicants of Finnish, English, Iraqi, Russian and Somali backgrounds, who differed only in their names. The findings show that applicants of immigrant origin receive significantly fewer invitations for a job interview than the native candidate, even if they possess identical language proficiency, education and vocational diplomas. However, the extent of discrimination is not equally distributed among the immigrant groups. Rather, job applicants from non-European backgrounds seem to suffer a significantly greater labour-market penalty. The findings clearly suggest that, despite anti-discrimination legislation and measures aimed at promoting equal employment opportunities, discrimination continues to remain a serious barrier to immigrants’ labour-market integration in a Nordic welfare society.
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Heymann, Jody, Sheleana Varvaro-Toney, Amy Raub, Firooz Kabir y Aleta Sprague. "Race, ethnicity, and discrimination at work: a new analysis of legal protections and gaps in all 193 UN countries". Equality, Diversity and Inclusion: An International Journal 42, n.º 9 (1 de febrero de 2023): 16–34. http://dx.doi.org/10.1108/edi-01-2022-0027.
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PurposeWhile only one aspect of fulfilling equal rights, effectively addressing workplace discrimination is integral to creating economies, and countries, that allow for everyone's full and equal participation.Design/methodology/approachLabor, anti-discrimination, and other relevant pieces of legislation were identified through the International Labor Organization's NATLEX database, supplemented with legislation identified through country websites. For each country, two researchers independently coded legislation and answered questions about key policy features. Systematic quality checks and outlier verifications were conducted.FindingsMore than 1 in 5 countries do not explicitly prohibit racial discrimination in employment. 54 countries fail to prohibit unequal pay based on race. 107 countries prohibit racial and/or ethnic discrimination but do not explicitly require employers to take preventive measures against discrimination. The gaps are even larger with respect to multiple and intersectional discrimination. 112 countries fail to prohibit discrimination based on both migration status and race and/or ethnicity; 103 fail to do so for foreign national origin and race and/or ethnicity.Practical implicationsBoth recent and decades-old international treaties and agreements require every country globally to uphold equal rights regardless of race. However, specific national legislation that operationalizes these commitments and prohibits discrimination in the workplace is essential to their impact. This research highlights progress and gaps that must be addressed.Originality/valueThis is the first study to measure legal protections against employment discrimination based on race and ethnicity in all 193 UN countries. This study also examines protection in all countries from discrimination on the basis of characteristics that have been used in a number of settings as a proxy for racial/ethnic discrimination and exclusion, including SES, migration status, and religion.
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RIGÓ, MÁTÉ. "Ordinary women and men: superintendents and Jews in the Budapest yellow-star houses in 1944–1945". Urban History 40, n.º 1 (19 de diciembre de 2012): 71–91. http://dx.doi.org/10.1017/s0963926812000648.
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ABSTRACT:The present article investigates how everyday people shaped the outcome of discriminatory measures during the Nazi persecution of Budapest Jews, primarily by looking into micro-level social interactions between superintendents and confined Jews during ghettoization in the Hungarian capital (1944). I argue that besides a multiplicity of relevant political, social and military reasons determining the fate of Budapest Jews, the urban specificity of the Holocaust also needs to be taken into account, given that location and access to urban space enabled different personal strategies to contest or aggravate anti-Semitic persecution. Especially older, nineteenth-century apartment buildings fostered the autonomy of superintendents, who could act independently of various authorities, exploiting certain Jews while aiding others. The article demonstrates how many superintendents made use of this power effectively as the successive regimes toughened their anti-Semitic policies. In addition, the investigation of individual motives and the micro levels of segregation and discrimination highlight major differences between and within apartment buildings, despite the supposedly homogeneous discrimination against Jews envisaged by Nazi policy makers.
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Solanes Corella, Ángeles. "La discriminación racial o étnica: marco jurídico, formas y protección = Racial and ethnic discrimination: regulatory framework, forms and protection". EUNOMÍA. Revista en Cultura de la Legalidad, n.º 17 (27 de septiembre de 2019): 35. http://dx.doi.org/10.20318/eunomia.2019.4991.
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Resumen: El desarrollo de los instrumentos jurídicos internacionales y europeos relativos a la prohibición de la discriminación racial o étnica ha sido significativo en las últimas décadas. Sin embargo, dicho marco regulatorio necesita un mayor perfeccionamiento e implementación que permita también combatir las nuevas formas de discriminación. En esa línea, este trabajo realiza una revisión crítica de la normativa internacional y europea sobre la materia y establece el estado actual de la cuestión. Desde ese análisis, para consolidar los instrumentos de protección del derecho antidiscriminatorio, se propone fortalecer los estándares jurisprudenciales y desarrollar la función de los organismos especializados para la promoción de la igualdad, con la finalidad de conseguir una lucha contra la discriminación racial o étnica que sea más efectiva y eficaz. Palabras clave: discriminación racial o étnica, derecho antidiscriminatorio, formas de discriminación, jurisprudencia TEDH y TJUE, organismos para la igualdad.Abstract: In recent decades there has been a significant development of European and international legal instruments related to prohibiting racial and ethnic discrimination. Nevertheless, this regulatory framework needs further improvement and implementation so that it can also combat new forms of discrimination. Along these lines, this article critically reviews international and European laws on discrimination and sets out the current state of the question. Based on this analysis, it proposes strengthening legal standards to reinforce protective measures against discrimination and enhancing the role of specialised bodies to foster equality, with the end purpose of fighting against racial and ethnic discrimination more effectively and efficiently. Keywords: racial and ethnic discrimination, anti-discrimination laws, forms of discrimination, ECHR and ECJ jurisprudence, equality bodies.
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Casquilho-Martins, Inês, Helena Belchior-Rocha y David Ramalho Alves. "Racial and Ethnic Discrimination in Portugal in Times of Pandemic Crisis". Social Sciences 11, n.º 5 (21 de abril de 2022): 184. http://dx.doi.org/10.3390/socsci11050184.
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During the last two years, the pandemic has dominated the public attention and debate around the world, centering on socio-economic aspects and having camouflaged other social, cultural and even environmental issues. This study sought to analyze ethno-racial discrimination processes, identifying significant events in Portugal during the period of the current global crisis. We utilized document analysis of national and international reports produced in the last five years, complementing with secondary statistical data and the analysis of online news and users’ comments published in national media during the last two years. The results show that, although there has been a development in Portuguese legislation and in anti-discrimination measures, there has been an increase in racist and xenophobic phenomena in Portugal. Citizens’ perceptions, indicators and reports from official bodies show evidence of discriminatory behavior. Additionally, within this framework, we see a greater political presence of extreme right-wing movements, as well as an increase in hate speech in online news comments. Thus, although there is an awareness of the seriousness of these phenomena, there is an urgent need for actions against racial and ethnic intolerance and greater effective measures for ideological crimes.
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Yasin, Raheel y Sarah I. Obsequio Namoco. "Prostitution: a new dynamic of discrimination". Gender in Management: An International Journal 36, n.º 4 (12 de mayo de 2021): 553–67. http://dx.doi.org/10.1108/gm-07-2020-0205.
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Purpose There is scarcity in the literature, both empirically and theoretically, regarding the relationship between transgender discrimination and prostitution. This study aims to offer a new framework for conceptualizing workplace discrimination and prostitution by examining the mediating role of poverty in the relationship between discrimination and prostitution. Design/methodology/approach The conceptual framework of this study is based on the social identity theory and the theory of prostitution. Findings Transgender is a neglected group in society, and more often, they are the ones who are unable to find jobs and when employed, find it challenging to sustain their employment because of their gender identity. This leads them to be discriminated at their workplaces. Subsequently, they are forced to leave their workplace and settle to work as prostitutes for their economic survival. Research limitations/implications Further research should empirically test the design model. Practical implications Managers play an essential role in eliminating discrimination in the organization. Managers need to take measures in crafting gender-free and anti-discrimination policies. They take steps to design recruitment policies in which there is no need to disclose applicant identity. Social implications Discrimination, on the basis of gender identity, promotes a culture of hate, intolerance and economic inequality in society. Prostitution has devastating effects on society. Originality/value In the field of organizational behavior, discrimination as a factor of prostitution was not explored. This study provides a significant contribution to the transgender and discrimination literature along with the prostitution theory and the social identity theory by proposing a model that highlights discrimination as one of the factors that compel the transgender community to be involved in prostitution.
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Cherniavska, Liudmyla, Nataliia Tiapkina, Iryna Bondarenko, Viktor Kostiuk, Olena Usmanova y Iurii Kostiuk. "Media Anti-Discriminatory Practices in War Conditions". Khazar Journal of Humanities and Social Sciences 26, n.º 1 (enero de 2023): 64–78. http://dx.doi.org/10.5782/.kjhss.2023.64.78.
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With the beginning of the full-scale military invasion of the Russian Federation into Ukraine, the media sphere became one of the priorities of the national struggle. In the conditions of a hybrid war, the Russian Federation actively used the media space for propaganda, inciting inter-ethnic enmity and forming electoral support among the population. However, with the beginning of a full-scale military invasion, propaganda and the creation of fake news were significantly activated, however, the official media resources of Ukraine by the formation of truthful and unbiased information, as well as the development of information policy. The fight against prejudiced attitudes towards Ukrainian refugees and forcibly displaced persons, attitudes towards the war and the political situation in Ukraine, psychological rehabilitation, and support for forcibly displaced persons both in Ukraine and abroad became new challenges. These priorities became the basis for the formation of an information policy on anti-discrimination measures in Ukraine and the international arena. The study developed a model for assessing priorities and a practical algorithm for their implementation in the face of new challenges. The research methodology is based on conducting a sociological survey to form a table of parameters of the results of factor evaluation. Based on the assessment, a priority function is formed, which can be displayed by implementing a graph-correlation model. The developed proposals have practical relevance in terms of searching for new forms of implementation of anti-discrimination policy in the media space in modern global challenges.
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Costa, Maria Inês. "The legal concept of discrimination by association: where does it fit into the digital era?" UNIO – EU Law Journal 9, n.º 1 (15 de julio de 2023): 16–28. http://dx.doi.org/10.21814/unio.9.1.5206.
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Personal autonomy, a core human rights principle, refers to the ability to both design and conduct the course of one’s life through making choices from a range of valuable options. This plays a pivotal role in the realm of equality and non discrimination, which are relevant in the context of the European Union (EU). Through case law, the concept of discrimination by association has emerged as a crucial step in strengthening anti-discrimination, recognising that individuals who are not part of a protected group but who have a relationship with someone who is, or are in some way associated with them, may be treated unfavourably, thus requiring appropriate remedies. Currently, the field of non-discrimination increasingly warrants attention, due to the rapid advancement of technology, which harbours unique discriminatory potential. For instance, through data mining and the use of artificial intelligence tools for profiling and clustering, people may be grouped based on collective characteristics that may not accurately represent their individual features, resulting in differential treatment regardless of whether legally recognised vulnerable groups are involved. It therefore becomes crucial to question to what extent discrimination by association can effectively address this discriminatory power or whether new measures need to be developed to safeguard personal autonomy and prevent the proliferation of such phenomena in the current digital landscape.
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Woolfson, Richard C., Michael E. Harker y Dorothy A. Lowe. "Racism in schools –No room for complacency". Educational and Child Psychology 21, n.º 4 (2004): 16–30. http://dx.doi.org/10.53841/bpsecp.2004.21.4.16.
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The fact that a school has anti-racist measures does not automatically mean discrimination and racism has been eradicated. For instance, in their study which investigated racism in a number of schools, Donald et al. (1995) found that although coherent anti-racist policies had been implemented throughout the schools, the extent of discriminatory and racist attitudes among the pupils was either under-estimated or unrecognised by school staff – they called this the ‘No Problem Here’ syndrome. In this present study, the researchers developed this concept one stage further by examining the existence or otherwise of discrimination and racism in a ‘flagship’ local authority primary school with a strong track record of multicultural and anti-racist education policies, strategies and practice, with a plethora of special in-school arrangements to increase racial and religious tolerance. Using varied methods of data collection (questionnaires, semi-structured interviews and focus groups), the study revealed that despite the very inclusive anti-racist ethos within the school, pupils from an ethnic minority and pupils not from an ethnic minority did experience racism in school. In addition, the results revealed that children from an ethnic minority who experienced racism (unlike children not from an ethnic minority who experienced racism) were reluctant to disclose such experiences to school staff. Subsequently, the school made a commitment to develop further strategies to decrease the occurrence of racist incidents within the school and to give all pupils confidence to disclose when such incidents occur.
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Raj, Senthorun. "Contested feelings: Mapping emotional journeys of LGBTI rights and reforms". Alternative Law Journal 45, n.º 2 (junio de 2020): 125–30. http://dx.doi.org/10.1177/1037969x20927500.
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This reflection explores how emotion shapes lesbian, gay, bisexual, transgender and intersex (LGBTI) rights and law reforms. Drawing on case studies from Australia, the United Kingdom, and the United States, the author maps how disgust regulates sexuality, hate manifests in hate crime penalties, anger arises in anti-discrimination measures, fear polices refugee law, anxiety shapes trans children’s access to medical transition, pity and compassion inhibit intersex autonomy, and love enables marriage equality. Legal scholars, activists, lawyers, and judges need to take emotion seriously to better address the pressing challenges facing LGBTI people.
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Kim, Tae Hwang. "Discussion on Transparency of Free Trade Agreement (FTA) and Anti-Corruption Measures". Korea Association for Corruption Studies 28, n.º 3 (30 de septiembre de 2023): 123–38. http://dx.doi.org/10.52663/kcsr.2023.28.3.123.
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Among the 21 FTA agreements concluded (signed) by Korea between 2003 and 2021, there are 16 agreements that constitute the transparency chapter. The transparency chapter of the FTA requires the Parties to clearly implement the Agreement and to promulgate relevant domestic laws and administrative procedures so that the Parties' stakeholders can recognize and respond to each other. It also specifies retrial and administrative execution of appeals for matters subject to the agreement, and stipulates mutual provision of information on administrative measures that may have a practical impact on the operation of the agreement. The strongest ‘anti-corruption’ provisions that guarantee transparency are included only in the Korea-US FTA and the Korea-Cambodia FTA. It was specified that the two countries would cooperate and reaffirm their commitment to eradicate bribery and corruption in trade and investment. The Korea-EU FTA uniquely added a ‘non-discrimination’ clause. The discussion on transparency of the FTA concluded by Korea can be evaluated as having established minimum procedural measures to prevent corruption, but it is judged to be insufficient to strengthen substantive transparency. Even after Korea concluded FTAs with major trading partners, the number and proportion of complaints filed for dumping or unfair trade practices such as subsidy showed an increasing trend, which can be inferred that the effective influence of the FTA's transparency provisions was not effective. You can. In order to effectively strengthen transparency while promoting free trade, domestic follow-up measures to prevent corruption must be linked to the FTA.
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Sakolciová, Sandra y Adam Máčaj. "Combating discrimination through Big Data – future of equality?" Vilnius University Open Series, n.º 6 (28 de diciembre de 2020): 120–31. http://dx.doi.org/10.15388/os.law.2020.11.
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The paper aims firstly to assess the future of anti-discrimination measures and policies, above all through the lens of ethnic data utilization. The question posed is not only whether massive collection and usage of such data is viable in relation to its result, but also whether such ethnic data collection is an obligation incumbent upon state authorities, in international and European human rights protection systems in particular. On the other hand, this article aims to compare existence of such obligation with the existing standards on right to privacy and implications for this right stemming from such use of Big Data. The negative impact resulting from such obligation in this regard could weigh heavily on protection of personal data, currently one of the main concerns throughout Europe and the EU.
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Arif, Sardar M. A. Waqar Khan, Bushra Bannan y Syed Mudasser Fida Gardazi. "Counter-Terrorism Measures and Human Rights Protection: The Case of Pakistan". Global Strategic & Securities Studies Review V, n.º III (30 de septiembre de 2020): 130–37. http://dx.doi.org/10.31703/gsssr.2020(v-iii).14.
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This article focuses on counter-terrorism measures and human rights protection in Pakistan.Terrorism is a complex phenomenon having shocking effects and impacts on states and societies. Terrorists have no boundaries and violate the basic human rights of people. In this context, the people of Pakistan have faced shocking effects of terrorism after the attacks of September 11. The infrastructure of Pakistan is also damaged. While Pakistan has international legal obligations, this paper explores to what extent counter-terrorism measures are to be taken by Pakistan in order to combat terrorism. It explains the nature of the relationship between human rights and terrorism in order to investigate anti-terrorism initiatives taken by Pakistan and to assess human rights protections. It argues that domestication of the norms of international law with regard to terrorism is the need of the hour, and special measures are required to be taken to remove the effects of the evil of terrorism. In all respects, the security of the people of Pakistan is an important concern. Pakistan is active in combating terrorism.However, there are still certain challenges to eliminating terrorism. The paper concludes that Pakistan is under international legal obligations to respect, protect and fulfill the human rights of people without discrimination at every level.
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Zoco Zabala, Cristina. "Igualdad entre mujeres y hombres tras 40 años de Constitución Española // Equality between women and men after forty years of the Spanish Constitution". Revista de Derecho Político 1, n.º 100 (20 de diciembre de 2017): 211. http://dx.doi.org/10.5944/rdp.100.2017.20687.
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Resumen:En este trabajo se analiza la evolución de la pretendida igualdad efectiva entre mujeres y hombres en la legislación y en la jurisprudencia, desde el doble significado formal (art. 14 CE) y material (art. 9.2 CE) de la exigencia de igualdad constitucional. La prohibición de discriminaciones por razón de sexo ha redundado en la derogación de normas que ignoran a las mujeres en la consecución de derechos o que las perjudican en la vida real. Sin embargo, no ha repercutido en la prohibición legal expresa de la discriminación múltiple como discriminación interseccional que resulta de la confluencia de otras discriminaciones con el hecho de ser mujer. La exigencia de igualdad real y efectiva de mujeres y hombres ha redundado en medidas de acción positiva,medidas represivas con perspectiva de género y medida antidiscriminatoriascompatibles con las exigencias de los artículos 14 y 9.2 CE. Sin embargo, no ha repercutido en garantías efectivas de instrucción y formación en igualdad de obligado cumplimiento. Tampoco se ha proyectado en una regulación transversal de medidas de acción positiva que permitan erradicar la discriminación interseccional como discriminación cualitativamente diferente. La evolución social determina la necesidad de revisar algunas medidas de acción positiva para las mujeres desde la perspectiva de la prohibición de discriminaciones por otras razones subjetivas (la identidad sexual) y desde el objetivo real de las medidas de conciliación de la vida personal y familiar: la corresponsabilidad parental. Se verifica la necesidad de transformar algunas medidas de acción positiva para mujeres (suspensión del contrato por maternidad) en derechos que puedan ser disfrutados por los gestantes, con independencia del sexo o identidad sexual. También se determina la necesidad de convertir tales derechos para gestantes en medidas de corresponsabilidad parental que puedan ser disfrutadas de modo simultáneo o sucesivo por ambos progenitores.Summary:1. Introduction. 2. Formal and material meaning of equality between women and men: the harmonization of arts. 14 and 9.2 EC. 3. Formal equality: prohibition of direct and indirect discrimination on grounds of sex. 4. Material equality. 4.1 Positive action measures. 4.2 Repressive measures with a gender perspective. 4.3 Anti-discrimination measures. 5. Final considerations.Abstract:This paper analyzes the evolution of effective equality between women and men in legislation and jurisprudence from the formal and material meaning of the constitutional requirement of equality. The prohibition of discrimination on the grounds of sex has resulted in the repeal of rules that ignore women in the pursuit of rights or that harm them in real life. However, it has not affected the legal prohibition of multiple discrimination as intersectional discrimination resulting from the confluence of other discriminations with the fact of being a woman. The demand for real and effective equality of women and men has resulted in positive action, repressive actions with a gender perspective and antidiscrimination measures compatible with the requirements of arts. 14 and 9.2 EC. However, effective guarantees of education and training in equality have not been regulated, but rather, voluntary policies that do not translate obligations of prescriptive compliance. Neither is there a transversal regulation of positive actions that allow to eradicate multiple discrimination as qualitatively different discrimination. Likewise, social and scientific evolution has determined the revision of some measures of positive action for women from the perspective of prohibition of discrimination for other subjective reasons (the sexual identity) and from the real objective of labor rights of care: parental co-responsibility of the parents. There is a need to transform some measures of positive action for women (suspension of maternity contract) in rights that can be enjoyed by pregnant women, regardless of sex or sexual identity. It is even determined the need to convert such rights for pregnant women into measures of parental co-responsibility that can be enjoyed indistinctly by both parents.
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Sibanda, Omphemetse S. "Procedural Requirements of the South African Anti-Dumping Law and Practice Prior to Imposition of Anti-Dumping Duties: Are They Really WTO-inconsistent?" Foreign Trade Review 55, n.º 2 (21 de enero de 2020): 216–38. http://dx.doi.org/10.1177/0015732519894150.
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Dumping, which is a form of price discrimination or differential pricing of different units of the same good sold at different prices in different markets, remains a continuing problem for many countries. The World Trade Organisation (WTO) members resort to the imposition of anti-dumping duties or levies to offset the effects of the dumped products on the domestic industry. This article provides a critical analysis of procedural issues in the South African anti-dumping law and practice to determine if it is compatible with the WTO’s Anti-Dumping Agreement (ADA). It particularly focusses on procedural issues prior to the imposition of anti-dumping measures by the South African International Trade Administration Commission. Some authors argue that the South African anti-dumping law and practice is incompatible with its WTO obligations in areas such as the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. The conclusion provided in this article is that the South African law and application of anti-dumping measure is largely WTO-compliant, particularly on the issues of initiation, investigation and prosecution of anti-dumping complaints. JEL Codes: F10, F13, F14, F19, K33, K41
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Turnšek, Nada. "Enjoying Cultural Differences Assists Teachers in Learning about Diversity and Equality. An Evaluation of Antidiscrimination and Diversity Training". Center for Educational Policy Studies Journal 3, n.º 4 (31 de diciembre de 2013): 117–38. http://dx.doi.org/10.26529/cepsj.226.
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The present study is based on a quasi-experimental research design and presents the results of an evaluation of Antidiscrimination and Diversity Training that took place at the Faculty of Education in Ljubljana, rooted in the anti-bias approach to educating diversity and equality issues (Murray & Urban, 2012). The experimental group included 52 in-service early childhood teachers attending the training, which consisted of a total of 120 hours. There was also a control group comprising 130 teachers. The ADT had a decisive impact on all of the measured variables: on an improvement in the participants’ knowledge of discrimination, and on increased support for positive measures and for the preservation of the cultural traditions and language of immigrant children. It was found that self-assessed personality characteristics are predictors of the teachers’ beliefs, especially the enjoying awareness of cultural differences variable, which correlates with all of the dependent variables.
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Duncan, Colin. "Assessing Anti-ageism Routes to Older Worker Re-engagement". Work, Employment and Society 17, n.º 1 (marzo de 2003): 101–20. http://dx.doi.org/10.1177/0950017003017001265.
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Measures that challenge ageism in employment are among the most prominent policy approaches towards reversing the dramatic decline over the last two decades in the labour market participation of older workers in developed economies. In Britain, such measures have evolved through three related phases: the `business case' approach; equality routes, incorporating equal opportunities and diversity policies; and progress towards anti-age discrimination legislation. Discriminatory attitudes displayed by employers have been overemphasized in explaining early exit from the labour market. Paradoxically, targeting such prejudice and ignorance through the business case approach has narrowed the scope for challenging more covert forms of ageism in employment. Nor is age easily incorporated into equal opportunities and diversity agendas in effective ways. Moreover, legislation will need to depart significantly from the principles underlying voluntary approaches if it is to be successful. The ambiguity and fluidity of the ageism concept also allow scope for opportunistic responses on the part of labour market actors that can be detrimental to the interests of older workers, and preoccupation with ageism may therefore act to impede progress towards more targeted, co-ordinated and effective policy responses.
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Hill, David C., Zafiro Andrade-Romo, Karla Solari, Ellithia Adams, Lisa Forman, Daniel Grace, Alfonso Silva-Santisteban y Amaya Perez-Brumer. "COVID-19 vaccine equity and the right to health for displaced Venezuelans in Latin America". PLOS Global Public Health 3, n.º 3 (1 de marzo de 2023): e0001275. http://dx.doi.org/10.1371/journal.pgph.0001275.
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Given the magnitude of Venezuelan displacement in Latin America, there is a need to assess how migrants were, and will continue to be, addressed in COVID-19 vaccination policies. To explore migration status as a dimension of vaccine equity in Latin America and in relation to international human rights, we assessed national vaccination plans, peer-reviewed, and gray literature published between January 2020 and June 2021. Three key rights-related concerns were found to restrict the health rights of migrants in the region: 1) lack of prioritization of migrants in vaccine distribution; 2) onerous documentation requirements to be eligible for COVID-19 vaccination; and (3) how pervasive anti-migrant discrimination limited equitable health care access. While international human rights law prohibits against discrimination based on migration status, few countries analyzed realized their obligations to provide equal access to COVID-19 vaccines to non-citizens, including displaced Venezuelans. Especially for migrants and displaced people, effective and sustainable vaccination strategies for COVID-19 and future pandemics in Latin America must be guided not only by epidemiological risk but also seek to align with human rights obligations. To achieve this, States must also take special measures to facilitate vaccine access for communities facing systemic discrimination, exclusion, and marginalization.
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Zhang, Xinwei, Anu Sachdev, Nino Dzotsenidze, Xiaoran Yu y Peggy A. Kong. "Anti-Asian Racism during COVID-19: Emotional Challenges, Coping, and Implications for Asian American History Teaching". Education Sciences 13, n.º 9 (6 de septiembre de 2023): 903. http://dx.doi.org/10.3390/educsci13090903.
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Anti-Asian scapegoating, sentiment, and hate have caused devastating psychological and behavioral challenges among Asians and Asian Americans during the COVID-19 pandemic. This case study aims to understand Asians’ and Asian Americans’ experiences of racial discrimination during the pandemic, examine their reflections on the impacts of anti-Asian racism on their emotions and coping, and explore their perspectives on teaching Asian American history in combating anti-Asian racism. The results of this study showed that the participants articulated an array of profound emotional challenges in response to the deleterious effects of personal and vicarious experiences of racism. They used varied coping strategies, exhibiting heightened vigilance and intentional proactive measures to protect themselves and their communities against anti-Asian racism. The participants also underscored the intersectionality between race and gender, highlighting the vulnerability of Asian women. Additionally, the participants advocated for the inclusion of Asian American history in the school curriculum to dismantle and disrupt systematic racism. This study reveals the emotional and behavioral effects of anti-Asian racism on Asian and Asian American individuals and communities. It illustrates the crucial role of amplifying Asian and Asian American voices in the school curriculum in combating anti-Asian racism beyond the pandemic.
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Klotz, Audie. "Norms and sanctions: lessons from the socialization of South Africa". Review of International Studies 22, n.º 2 (1 de abril de 1996): 173–90. http://dx.doi.org/10.1017/s0260210500118364.
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In response to South Africa's increasingly institutionalized racial discrimination during the postwar years, transnational anti-apartheid activists advocated a vast array of global sanctions. With the formal abolition of apartheid in 1991, sanctions advocates celebrated the apparent success of the international community's efforts in promoting a global norm of racial equality in South Africa. Since similar sanctions are an increasingly popular policy in the post-Cold War world, the South African case offers a useful starting-point for re-evaluating the utility of sanctions as a non-military policy. However, despite the prominent role of a norm of racial equality in anti-apartheid sanctions, both advocates and critics of international sanctions still generally ignore norms analytically. Expanding our conceptual framework beyond the realist assumptions implicit in most sanctions analyses enables us o t understand better why international actors adopt sanctions and how these measures affect target states.
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Stojkovic-Zlatanovic, Sanja, Marta Sjenicic y Ranko Sovilj. "Labour rights of the rare diseases population ‒ breaking the glass ceiling". Stanovnistvo 58, n.º 2 (2020): 43–56. http://dx.doi.org/10.2298/stnv200617005s.
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This paper aims to introduce a legal framework for exercising one of the most basic socio-economic rights of people with rare diseases: the right to decent work. Considering the specificity of the medical and, consequently, social status of the people affected, the appropriate labour-law measures need to be determined. Applying the comparative and normative method along with the contemporary anti-discrimination principle, the labour status of the rare diseases population has been analysed based on the proposed classification in legal terms. As a precondition for labour legislation, new Serbian healthcare legislation on rare diseases should be supported through the process of implementation to reduce adverse cases as effectively as possible, advance genetic and other clinical diagnoses, and thus increase the efficiency of available medical treatment. Concerning public health policy, updated registries and better health statistics should be created. These activities require certain amendments to both general and specialist labour legislation (disability legislation), aiming to include patients with rare diseases in the working (and social) environment without discrimination.
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GLADMAN, DAFNA D., BRIAN D. M. TOM, PHILIP J. MEASE y VERNON T. FAREWELL. "Informing Response Criteria for Psoriatic Arthritis. I: Discrimination Models Based on Data from 3 Anti-Tumor Necrosis Factor Randomized Studies". Journal of Rheumatology 37, n.º 9 (1 de julio de 2010): 1892–97. http://dx.doi.org/10.3899/jrheum.091172.
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Objective.To develop statistical models, based on the analysis of data from phase III randomized placebo-controlled trials of tumor necrosis factor-α (TNF-α) inhibitors over a 24-week period, that may inform the definition of response measures for clinical trials in psoriatic arthritis (PsA).Methods.Data from phase III randomized controlled trials with anti-TNF agents were used. A training set using baseline and 24-week data from 2 trials was used to derive the models, which were then tested on a dataset using baseline and interim data from the third trial, and baseline and interim data from the first 2 trials. Logistic regression, tree analysis, and factor analysis were considered in the development of the models. Receiver-operating characteristic curves were constructed and area under the curve (AUC) calculated to assess performance of the models.Results.Two models were derived. One was based on differences between baseline and last-visit values, which identified the current 68 tender joint count (TJC68), baseline and change in C-reactive protein (CRP), and the measure with the highest difference among the patient and physician global assessment of disease activity (GDA), patient assessment of pain and the Health Assessment Questionnaire (HAQ). The second model was based on percentage change from baseline and included TJC68, CRP, physician GDA, patient global assessment of arthritis pain, and HAQ. Both models provided high AUC of at least 0.8 for both the training and testing sets.Conclusion.Models for discriminating joint disease response patterns in PsA were derived from data from randomized controlled trials. These models can now be used to inform further consideration of response measures for trials.
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Sinden, Elaine. "Exploring the Gap Between Male and Female Employment in the South African Workforce". Mediterranean Journal of Social Sciences 8, n.º 6 (27 de noviembre de 2017): 37–51. http://dx.doi.org/10.1515/mjss-2017-0040.
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AbstractWomen in South Africa have for decades, experienced discrimination in the workplace because certain positions such as top and senior management posts were predominately given to men. If women were employed, they were mostly offered positions at the lower levels of the organisation, or specific jobs such as secretaries or administrative jobs. To address such discrimination, to ensure gender equality is promoted and women are offered equal employment opportunities, the South African government has since 1994 adopted different anti- discriminatory laws to expedite equal employment to improve the position of women in the workplace. To explore the extent to which the position of women in the workplace has changed - if at all - since the dawn of democracy, this paper provides an analysis of women’s employment standing in 2014 in the South African workforce. The goal of this study is to identify employment gender gaps both in terms of employment numbers, as well as employment in different sectors. To explore this objective, the study first provides an overview of some of the anti - discriminatory laws that were put in place by the South African government to promote equal opportunities for all South Africans, especially women. Second, the study develops a conceptual framework based on an analysis of the literature on gender equality and its link to equal employment for women. Finally, the study provides an overview of the South African labour force as at 2014, showing the gap between male and female employment. The findings confirm that despite South Africa’s progressive legislative and policy measures, women remain underrepresented in the workplace, meaning that progress in redressing unfair discrimination has been slow and/or uneven. The findings also reveal that men continue to dominate the workforce, especially in top and senior management positions.
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Wang, Tengyi, Songze Lyu y Xuanyu Yang. "This Asian Guy has Coronavirus: Racial Discrimination Experienced by Asian International High School Students in the Northeastern United States". Lecture Notes in Education Psychology and Public Media 5, n.º 1 (17 de mayo de 2023): 674–87. http://dx.doi.org/10.54254/2753-7048/5/20220761.
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As the first case of COVID-19 was detected in Wuhan, China, the Novel Coronavirus pandemic has rapidly swept the world. As COVID-19 proliferated in the United States, the longstanding negative stereotypes of Asian Americans in society were revealed, and xenophobia among whites and non-Asian Americans was activated. During the pandemic, microaggression, negative bias, and violent crime significantly increased all Asian ethnic groups, especially in big cities and the northeastern United States. During this time, most literature focuses on the racial discrimination and mental health of Chinese/Asian college students. However, scant research explores Chinese/Asian high-school students in America, whose total number has risen dramatically in recent years. Therefore, this paper uses the snowball sampling method to conduct in-depth semi-structured interviews with 7 Asian high school students in the United States and tracked them for around one year, from September 2021 to October 2022. The purpose is to expose their real campus life and true racial discrimination feelings under COVID-19. The study found that Chinese high-school students seldom suffer from severe racism on campus. This is because private international schools in northeastern America are susceptible to racism. Their schools have strict anti-racial discrimination policies, severe punishment measures, and open channels for complaints to protect their students from racism. However, when Chinese high-school students are off campus, they are more likely to suffer intense hate incidents like weapon threats. Even though interviewees do not recognize that they or their friends have encountered extremely severe anti-Asian hate incidents, we should keep in mind that schools may control the public voice about racism on campus in order to keep their reputation and ranking, and therefore those serious events are not exposed to us.
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Naegele, Laura, Wouter De Tavernier, Moritz Hess y Frerich Frerichs. "A tool to systematise discrimination in labour market integration". International Journal of Manpower 41, n.º 5 (12 de diciembre de 2019): 567–81. http://dx.doi.org/10.1108/ijm-10-2018-0364.
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Purpose The purpose of this paper is to contribute to the discourse on labour market discrimination by introducing an analytical process model that offers a template for the systematic analysis of discrimination within the process of labour market integration. Its usage and contribution to the field is exemplified by applying the proposed model to the case of ageism in labour market integration. Design/methodology/approach Five phases and four actors are distinguished that, added together, compose the proposed analytical process model. In the following, the model is used as an analytical framework for a mapping review, aimed at identifying and critically evaluating the vast and extensive literature on ageism in the process of labour market integration. Findings The paper concludes that ageism occurs in all five phases of the integration process, pinpointing potential areas for policy interventions. Furthermore, the authors conclude that the existing literature on ageism in labour market integration is fragmented, with some elements and/or actors within the process so far having received little attention. Originality/value The analytical process model developed in this paper provides the scientific community with a tool to systematise the literature, detect underlying mechanisms and uncover existing research gaps, not only for the case of ageism presented here, but for a vast variety of other –isms. In addition, policy makers, trade unions and employers can use the model to better target and tailor anti-discrimination measures in labour market integration.
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Зозуля, О. І. "Economic, social and cultural human rights in the context of preventing the spread of COVID-19 in Ukraine". Law and Safety 77, n.º 2 (24 de junio de 2020): 156–63. http://dx.doi.org/10.32631/pb.2020.2.21.
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Anti-epidemic measures introduced in Ukraine to prevent the spread of COVID-19 include significant (though often implicit) restrictions on the implementation of economic, social and cultural human rights, where the issues of reasonableness and legitimacy require particular attention, when the state of emergency in Ukraine is not announced. Dialectical, formal and legal, comparative and legal, system and structural, logical and semantic and other methods of scientific cognition have been used to solve the set tasks. Theoretical provisions and legal principles of introducing and realizing guarantees and restrictions of economic, social and cultural human rights (rights to health care, safe working conditions, business activity, equal access to public service, education, sufficient standard of living, social protection, etc.) have been analyzed. in terms of preventing the spread of COVID-19 in Ukraine. The nature and features of the established anti-epidemic measures have been characterized.
It has been determined that the lawful introduction of a number of reasonable and proportional restrictions on the implementation of economic, social and cultural human rights within the framework of preventive and anti-epidemic measures to prevent the spread of COVID-19 in Ukraine is justified in general by the interests of effective protection against this infectious disease. It has been established that some of the significant restrictions on the implementation of these human rights in connection with the COVID-19 pandemic in Ukraine are unsystematic and have contradictory legal nature, are insufficiently justified and proportionate to anti-epidemic goals, demonstrate the features of discrimination, are insufficiently specified in content and implementation procedure, as well as are not provided with additional guarantees for the realization of these human rights.
The author has grounded the ways for improving the guarantees and restrictions on the implementation of economic, social and cultural human rights in terms of preventing the spread of COVID-19 in Ukraine, which primarily require a comprehensive regulation of the relevant law and timely updating of their content and the implementation procedure, orientation of anti-epidemic measures not on restricting human rights, but on establishing special conditions of their realization with observance of the strengthened sanitary rules; ensuring the balance of the minimum necessary restrictions on human rights among themselves and with sufficient guarantees for their implementation.
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Hübner, Mareike y Christoph von Handorff. "Der Einfluss von blaulichtreduzierenden Brillengläsern auf die Farbwahrnehmung". Optometry & Contact Lenses 1, n.º 3 (29 de septiembre de 2021): 93–99. http://dx.doi.org/10.54352/dozv.mfuv9062.
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Purpose. To investigate the influence of two different blue- light-filtering lenses on subjective colour perception, using the Farnsworth-Munsell 100 Hue test. Material and Methods. Thirty subjects with normal colour vision performed the Farnsworth-Munsell 100 Hue test wearing three pairs of plano spectacle lenses. The total er- ror score was calculated with the “Farnsworth-Munsell Test Scoring Software“. The evaluated test lenses were the “Glacier Blue Shield“ (Shamir) and the “Wellness Protect 15“ (Eschen- bach) in addition to the 15 % grey tint (Hoya) as a reference lens. The transmission spectra of the lenses were measured beforehand with the spectrometer “Flame-S-UV-VIS-ES“ (“Ocean Optics“). Results. Using the univariate analysis of variance (ANOVA) with repeated measures, no significant difference could be detected in the colour discrimination capability between the reference lens from Hoya and the test lens from Sha- mir (p > 0.05). A significant deterioration was found with the “Wellness Protect 15“ lens from Eschenbach compared to the reference lens from Hoya (p < 0.001) and to the test lens from Shamir (p < 0.001). In addition, a median disparity of the third box (43 – 63 of the Hue test) against all the other boxes was noticed for both the test lenses and the reference lens. Conclusion. With the blue-light-filtering anti-reflection coating from Shamir no difference in colour discrimination could be observed in this study. Only a stronger blue-light- filtering lens like “Wellness Protect 15“ leads to a significant deterioration. The closer the colours are in the CIE colour triangle, the bigger the confusion. To test the quality of colours with these lenses the colour rendering index should also be evaluated. Keywords Blue-light-filtering lenses, Colour discrimination, Colour perception, Colour Rendering Index, Transmission