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Journal articles on the topic 'Discrimination in law enforcemen'
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1
Lonsway, Kimberly A., and Angela M. Alipio. "Sex Discrimination Lawsuits in Law Enforcement." Women & Criminal Justice 18, no. 4 (2007): 63–103. http://dx.doi.org/10.1080/08974450802096083.
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Gossett, Jennifer Lynn, and Joyce E. Williams. "Perceived Discrimination Among Women in Law Enforcement." Women & Criminal Justice 10, no. 1 (1998): 53–73. http://dx.doi.org/10.1300/j012v10n01_03.
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Williams, Jeff, and Brian H. Kleiner. "Sexual harassment and discrimination in law enforcement." Equal Opportunities International 20, no. 5/6/7 (2001): 100–105. http://dx.doi.org/10.1108/02610150110786822.
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Badarulzaman, Muhammad Hafiz, Zainal A. Ayub, Zuryati M. Yusoff, and Harlida A. Wahab. "DISCRIMINATION AGAINST MIGRANT WORKERS IN MALAYSIA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no. 3 (2016): 556. http://dx.doi.org/10.22146/jmh.16692.
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AbstractMigrant workers are often discriminated against in almost every aspect of life. Discrimination against them is due to irrational dislike of them and also negative perception towards them. It is alleged that migrant workers contribute to the crimes hike in Malaysia. Using doctrinal research methodology, this article discusses direct and perceptive discrimination against them. This article concludes that physical discriminations are mostly happened because ineffective enforcement of the law, abuse of powers and human-trafficking problem. Besides, migrant workers have not being major contributor to crime hike. Malaysia should introduce comprehensive migration law and strengthen the monitoring of recruitment agencies.
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AMBRUS, MONIKA. "Genocide and Discrimination: Lessons to Be Learnt from Discrimination Law." Leiden Journal of International Law 25, no. 4 (2012): 935–54. http://dx.doi.org/10.1017/s0922156512000519.
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AbstractA survey of the case law of the ICTY and ICTR reveals inconsistencies and conceptual discrepancies in the approach to genocide cases, in particular with respect to the cornerstones of such cases – the identification of the protected group and its members – resulting in different levels of protection against genocide. A review model might help to address these issues, which are, arguably, preconditions of the legitimacy of these courts and of the effective enforcement of the prohibition of genocide. Given the close relationship between genocide and discrimination, this review model might be built on the ‘building blocks’ of discrimination law. The purpose of this contribution is twofold: (1) by unfolding the relationship between direct discrimination and genocide to devise a model of review, and (2) to analyse the consequences of the consistent application of this model for the identification of the protected groups and their members.
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Bacchini, Fabio, and Ludovica Lorusso. "Race, again: how face recognition technology reinforces racial discrimination." Journal of Information, Communication and Ethics in Society 17, no. 3 (2019): 321–35. http://dx.doi.org/10.1108/jices-05-2018-0050.
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Purpose This study aims to explore whether face recognition technology – as it is intensely used by state and local police departments and law enforcement agencies – is racism free or, on the contrary, is affected by racial biases and/or racist prejudices, thus reinforcing overall racial discrimination. Design/methodology/approach The study investigates the causal pathways through which face recognition technology may reinforce the racial disproportion in enforcement; it also inquires whether it further discriminates black people by making them experience more racial discrimination and self-identify more decisively as black – two conditions that are shown to be harmful in various respects. Findings This study shows that face recognition technology, as it is produced, implemented and used in Western societies, reinforces existing racial disparities in stop, investigation, arrest and incarceration rates because of racist prejudices and even contributes to strengthen the unhealthy effects of racism on historically disadvantaged racial groups, like black people. Practical implications The findings hope to make law enforcement agencies and software companies aware that they must take adequate action against the racially discriminative effects of the use of face recognition technology. Social implications This study highlights that no implementation of an allegedly racism-free biometric technology is safe from the risk of racially discriminating, simply because each implementation leans against our society, which is affected by racism in many persisting ways. Originality/value While the ethical survey of biometric technologies is traditionally framed in the discourse of universal rights, this study explores an issue that has not been deeply scrutinized so far, that is, how face recognition technology differently affects distinct racial groups and how it contributes to racial discrimination.
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Farcy, Jean-Baptiste. "Equality in Immigration Law: An Impossible Quest?" Human Rights Law Review 20, no. 4 (2020): 725–44. http://dx.doi.org/10.1093/hrlr/ngaa037.
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Abstract The aim of this article is to discuss why the principle of equality and non-discrimination, although foundational to international human rights law, remains an unfulfilled promise in the context of immigration. Nationality is now widely considered as a suspect ground of discrimination, yet contemporary immigration and citizenship laws increasingly use meritocratic criteria to distinguish among migrants. Although framed in universal terms, these criteria create differences of treatment among migrants based on their income, level of education and economic worth. However, from a legal perspective such differences of treatment rarely amount to prohibited discrimination. Looking at the case law of the European Court of Human Rights, this article argues that the normative content of the equality and non-discrimination principle fails to challenge such differences of treatment. Moreover, the proportionality test is used as a judicial restraint mechanism which prevents the effective enforcement of the equality requirement by international and domestic courts in the context of immigration.
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최관. "Female Offenders: Discrimination within the British Police Law Enforcement Procedure." Journal of European Union Studies ll, no. 30 (2012): 3–32. http://dx.doi.org/10.18109/jeus.2012..30.3.
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Thompson, R. Alan, and Lisa S. Nored. "Law enforcement employment discrimination based on sexual orientation: A selective review of case law." American Journal of Criminal Justice 26, no. 2 (2002): 203–17. http://dx.doi.org/10.1007/bf02887827.
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Vogt, Grete S. "NON-DISCRIMINATION ON THE GROUNDS OF RACE IN SOUTH AFRICA - WITH SPECIAL REFERENCE TO THE PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION ACT." Journal of African Law 45, no. 2 (2001): 196–209. http://dx.doi.org/10.1017/s0221855301001699.
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The Promotion of Equality and Prevention of Unfair Discrimination Act in South Africa seeks to make the constitutional prohibition of discrimination as effective as possible. The achievement of this aim is, however, likely to be frustrated by several factors, including the legacy of apartheid, deficiencies in the formal statutory guarantees and the judicial interpretation of these, and the lack of effective enforcement mechanisms. As a result, the attempt to clamp down on racial discrimination has removed from the constitutional guarantee much of its potential force.
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Garland, Tammy S., Ashley G. Blackburn, John A. Browne, and Candace D. Blanfort. "Prime-Time Representations of Female Federal Agents in Television Dramas." Feminist Criminology 13, no. 5 (2017): 609–31. http://dx.doi.org/10.1177/1557085117693089.
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Television crime programs not only impart messages regarding the nature of crime and criminal justice but also aid in the creation of stereotypes regarding females working in law enforcement. Using a mixed-methods approach, the study analyzes a sample of prime-time crime dramas to examine issues of employment, discrimination, sexualization, and victimization within series episodes. Although portrayals of female law enforcement officers have improved, female characters continue to face issues of discrimination and victimization. The manner in which these messages may be cultivated and disseminated and what this means for consumers, especially women interested in law enforcement careers, are explored.
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Coleman, James, Ken Armstrong, David Baldus, et al. "Practices of Law Enforcement and Prosecutors; Racial Discrimination; Juvenile, Mentally Retarded." CUNY Law Review 4, no. 2 (2002): 147. http://dx.doi.org/10.31641/clr040204.
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Blackham, Alysia. "Enforcing rights in employment tribunals: insights from age discrimination claims in a new ‘dataset’." Legal Studies 41, no. 3 (2021): 390–409. http://dx.doi.org/10.1017/lst.2021.11.
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AbstractThe online publication of employment tribunal (ET) decisions in England, Wales and Scotland marks a watershed moment, opening up new innovative avenues for legal research, and promoting transparency in labour law decision-making. Drawing on this ‘dataset’, and using age discrimination decisions as a lens to facilitate analysis, this paper reflects on the advantages and limitations of using online ET decisions as a data source to support labour law research. By considering matters of time in age discrimination decisions – both in relation to time limits for bringing a claim, and ET delays – this paper uses innovative empirical findings to map the limits of the individual enforcement model adopted by discrimination laws, and illustrates some of the barriers to successfully bringing a claim for discrimination.
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Mudrick, Nancy R., and Adrienne Asch. "Investigation and Enforcement of a Disability Discrimination Statute." Journal of Disability Policy Studies 7, no. 2 (1996): 21–41. http://dx.doi.org/10.1177/104420739600700202.
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Rudyk, Andrew. "A rising tide: the transformation of sex discrimination into gender discrimination and its impact on law enforcement*." International Journal of Human Rights 14, no. 2 (2010): 189–214. http://dx.doi.org/10.1080/13642980802535625.
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Khairulina, Nailia, and Hanna Dubova. "Gender and Law Culture of Future Law Enforcement Specialists." Education and Pedagogical Sciences, no. 2 (177) (2021): 35–46. http://dx.doi.org/10.12958/2227-2747-2021-2(177)-35-46.
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The article considers the semiotic nature of gender and law culture, focuses on the synthetic nature of this term, and provides alternative definitions of such concepts as «gender» and «culture». Highlighting the essence of the proposed word from a semiotic perspective, the authors of the article give examples of the main elements that form the paradigm of gender and law culture. The practical part of the article is devoted to analyzing the proposed phenomenon as a psychological and pedagogical problem. Taking into account that modern conditions of social development are associated with changing social and economic, and criminal complications, as a result of which society is interested in the effectiveness of law enforcement agencies operating based on legality, humanism, transparency, the presumption of innocence, resilience, the subject matter of the research is viewed as undeniably topical today. The analysis of the scientific literature in gender and law made it possible to specify the concept of «gender and law culture of future law enforcement professionals», which, in particular, refers to the issues of forming a gender culture of future law enforcement professionals. It is considered to be an integral quality of personality determined by the specifics of law enforcement, reflecting comprehensive knowledge of the nature and legal regulation of gender aspects in current Ukrainian legislation and readiness to ensure further functioning of gender-sensitive practices and principles of non-discrimination in law enforcement activities based on legal attitudes and compliance with official duties.
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Brinn, Hope. "Improving Employer Accountability in a World of Private Dispute Resolution." Michigan Law Review, no. 118.2 (2019): 285–314. http://dx.doi.org/10.36644/mlr.118.2.improving.
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Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.
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Niessen, Jan. "Making the Law Work. The Enforcement and Implementation of Anti-Discrimination Legislation." European Journal of Migration and Law 5, no. 2 (2003): 249–57. http://dx.doi.org/10.1163/138836403769590756.
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Allen, Dominique. "Barking and Biting: The Equal Opportunity Commission as an Enforcement Agency." Federal Law Review 44, no. 2 (2016): 311–35. http://dx.doi.org/10.1177/0067205x1604400206.
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Federal anti-discrimination law centres upon the individual who has experienced unlawful discrimination. To address this discrimination, the individual is required to lodge a complaint at the Australian Human Rights Commission (‘AHRC’), which will attempt to resolve the complaint using Alternative Dispute Resolution (‘ADR’). While institutions in other areas, like competition law and occupational health and safety, have a broad range of powers to enforce compliance, successive governments have chosen not to invest the AHRC with equivalent powers. Quite a different model has operated in Britain for four decades. This article analyses the role of the AHRC by comparing it to its British equivalents and examining these institutions according to the ‘enforcement pyramid’ for regulating equal opportunity, which British academics Bob Hepple, Mary Coussey and Tufyal Choudhury have developed. According to these regulatory theorists, to tackle discrimination effectively, equality commissions need to be able to follow up their loud ‘bark’ with a punitive ‘bite’ if necessary. The article concludes by identifying what the experience in both countries reveals about the enforcement of antidiscrimination laws by statutory institutions.
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Thompson, Kerri A. "Countenancing Employment Discrimination." Texas A&M Law Review 8, no. 1 (2020): 63–88. http://dx.doi.org/10.37419/lr.v8.i1.2.
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Employing facial recognition technology implicates anti-discrimination law under Title VII of the Civil Rights Act when used as a factor in employment decisions. The very technological breakthroughs that made facial recognition technology commercially viable—data compression and artificial intelligence— also contribute to making facial recognition technology discriminatory in its effect on members of classes protected by Title VII. This Article first explains how facial recognition technology works and its application in employee background checks. Then, it analyzes whether the use of facial recognition technology in background checks violates Title VII under the disparate impact theory of liability due to the known issue of skewed data sets and disproportionate inaccuracy on some populations. The Article concludes by calling on the Equal Employment Opportunity Commission to issue specific guidance warning employers of impending liability under Title VII, including class action liability, due to the use of facial recognition technology, and to use its enforcement authority to file lawsuits against employers who continue to use the technology.
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Kim, Robert. "Under the Law: Civil rights enforcement in education: The federal role." Phi Delta Kappan 102, no. 3 (2020): 64–65. http://dx.doi.org/10.1177/0031721720970707.
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Robert Kim provides an overview of the work of the Department of Education’s Office of Civil Rights (OCR), which is responsible for enforcing civil rights laws prohibiting discrimination. They achieve this in three ways: (1) The Civil Rights Data Collection, a database containing information on school climate, teacher and staff capacity, and other measures; (2) civil rights policy guidance, which informs schools about the rules and regulations they must follow; and (3) investigations of civil rights violations in public schools.
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Smith, Olivia. "Ireland's Multiple Ground Anti-Discrimination Framework — Extending the Limitations?" International Journal of Discrimination and the Law 8, no. 1-2 (2005): 7–31. http://dx.doi.org/10.1177/135822910500800202.
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Against the backdrop of the more recent similar expansion of the anti-discrimination framework at EU level, this article reviews the operation of the last five years of Ireland's expanded anti-discrimination framework which brought an extension of the discriminatory grounds from two to a total of nine. In particular, it raises questions as to the claimed effectiveness of the ED framework from the perspective of those, particularly women, who identify across multiple grounds. This is evidenced through a review of some of the conceptual and practical problems that inhere in an anti-discrimination structure that is predicated upon a strict categorical-comparator approach to identity and disadvantage. In particular, the way in which women with compound identities experience intersectional discrimination remains unaddressed by dominant conceptions of single category definitions of direct and indirect discrimination. Yet the acknowledged reality of women as victims of multiple discrimination appears to be outwith the structures of the newly expanded legislation. Thus, far from being an effective basis for addressing multiple discrimination, the Irish experience demonstrates again, that at the level of individual enforcement, the well-worn criticisms of the anti-discrimination framework remain firmly embedded in the expanded regulations.
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Hasni, Khairul. "English Sharia Police: Gender Discrimination, and Elite Politics in Aceh." Al-Hayat: Journal of Islamic Education 4, no. 1 (2020): 30. http://dx.doi.org/10.35723/ajie.v4i1.57.
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The first part of this paper will argue that under Shariah Law in Aceh the Shariah Police as an agency that implements the enforcement of Islamic law based on Law No.11 / 2006 on the Government of Aceh. There are several aspects which contribute to this systematic expansion of women which will be discussed in this paper. These aspects include the fulfillment of the Wilayatul Hisbah or Shariah Police body in the contribution of the implementation of the Qanun Jinayah, and more importantly, women get justice behavior both legally and practically towards the community. The second part of the paper will explore what is or rather what should be gender discrimination in the interim of criminal law, and the number of violence was the increase from 2005 to 2019. Finally, it will discuss the possibility of overcoming these obstacles by giving greater consideration of the role of elite politic in the implementation of Shari Law in Aceh.
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O'Connell, Lenahan. "Investigators at Work: How Bureaucratic and Legal Constraints Influence the Enforcement of Discrimination Law." Public Administration Review 51, no. 2 (1991): 123. http://dx.doi.org/10.2307/977105.
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McLaughlin, Eithne. "From Negative to Positive Equality Duties: The Development and Constitutionalisation of Equality Provisions in the UK." Social Policy and Society 6, no. 1 (2007): 111–21. http://dx.doi.org/10.1017/s147474640600337x.
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This paper reviews the development and nature of one of the two components of the UK's equality regime – equality law. The origins of equality law lie in the postwar consensus on non-discrimination. The paper reviews the limitations of non-discrimination or negative equality duties. It documents the expansion of equality law at the turn of the twentieth/twenty-first century, when seven UK Acts and two European Directives introduced additional negative equality duties, provided for a new enforcement authority and introduced positive equality duties in respect of some social statuses. Many of these duties were introduced as part of devolution arrangements. UK equality law leads the field in European terms. The nature of positive equality duties and New Labour's approach to equality in general are also critiqued.
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Armiwulan, Hesti. "DISKRIMINASI RASIAL DAN ETNIS SEBAGAI PERSOALAN HUKUM DAN HAK ASASI MANUSIA." Masalah-Masalah Hukum 44, no. 4 (2015): 493. http://dx.doi.org/10.14710/mmh.44.4.2015.493-502.
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The Republic of Indonesia already had commitment to respect and uphold human rights that stipulated in The Constitution of Republic of Indonesia 1945. One of the constitutional rights is everyone have the rights to free from discrimination. The issue of potential racial discriminationoccurred in Indonesia, considered the amount of population in Indonesia is too many, a lot of different ethnic, racial and ethnic groups (multi-ethnic) and educational level is still relatively low as well as a lot of them are poor persons . The effort to eliminate racial discrimination is law protection and law enforcement as well as increasing awareness to respect human dignity.
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Cambareri, Josie Francesca, and Joseph B. Kuhns. "Perceptions and Perceived Challenges Associated With a Hypothetical Career in Law Enforcement: Differences Among Male and Female College Students." Police Quarterly 21, no. 3 (2018): 335–57. http://dx.doi.org/10.1177/1098611118760862.
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Researchers have studied the experiences of female officers, but little is known about whether women, who are not yet officers, perceive future challenges and sex discrimination within a hypothetical law enforcement career. This study surveyed 387 male and female undergraduate students to compare perceptions and beliefs. Female students are less interested in a law enforcement career, perceive themselves as potentially less successful, and perceive less potential personal fulfillment. Women believe that current female officers receive less respect, acceptance, and opportunity. Perceptions of fulfillment and success significantly and positively impacted interest in a law enforcement career. In addition, fulfillment and success mediated the impact of sex on interest in a law enforcement career. These findings are important for recruiters because the sample comprises a target applicant pool that merits recruitment.
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Hamilton, Jennifer. "‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared." International Journal of Discrimination and the Law 4, no. 3 (2000): 203–45. http://dx.doi.org/10.1177/135822910000400302.
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Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities. The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage. Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.
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Stryker, Robin, Danielle Docka-Filipek, and Pamela Wald. "Employment Discrimination Law and Industrial Psychology: Social Science as Social Authority and the Co-Production of Law and Science." Law & Social Inquiry 37, no. 04 (2012): 777–814. http://dx.doi.org/10.1111/j.1747-4469.2011.01277.x.
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This article combines Monahan and Walker's classification of social facts, social authority, and social frameworks with political-institutionalism's view of law and science as competing institutional logics to explain how, and with what consequences, employment discrimination law and industrial-organizational (I-O) psychology became co-produced. When social science is incorporated into enforcement of legislative law as social authority—rationale for judicial rule making—law's institutional logic of relying on precedent and reasoning by analogy ensures that social science will have ongoing influence on law's development. By helping set research agendas and providing new professional opportunities, institutionalized legal doctrine shapes social science knowledge. But because of differences in institutional logic, wherein legal cumulation is backward looking whereas scientific cumulation is forward looking, co-production of law and science may produce institutional mismatch between legal doctrine and scientific knowledge.
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Arowolo, Grace Ayodele. "Protecting women from violence through legislation in Nigeria: Need to enforce anti-discrimination laws." International Journal of Discrimination and the Law 20, no. 4 (2020): 245–88. http://dx.doi.org/10.1177/1358229120971953.
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Violence against women is a commonplace and widespread phenomenon in Nigeria. It results from multifarious factors the major ones being gender discrimination/male chauvinism, despite the ratification of major international anti-discrimination laws and the enactment of national laws that prohibit violence. Preliminary investigations reveal among others, that these ratified international anti-discrimination instruments are not yet domesticated into law, while some of the national laws condone violence against women, as encouraged by the patriarchal nature of the Nigerian society which is influenced by culture and religion as enshrined within the plural Nigerian legal system. The article highlights the major Nigerian Federal legislation and their failure to adequately combat violence against women. It argues that the domestication and enforcement of CEDAW and other relevant international anti-discrimination instruments, a review of extant Nigerian laws, and the abolition of Nigerian societal practices and other obnoxious beliefs can lead to adequate protection of women from violence.
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Sadari, Sadari. "Quo Vadis Hukum Keluarga Islam dalam KHI dan Upaya Desakralisasi untuk Relevansi Seiring Modernitas dan Keindonesiaan." JURNAL INDO-ISLAMIKA 5, no. 1 (2020): 75–108. http://dx.doi.org/10.15408/idi.v5i1.14788.
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This article reveals the fact that in Islamic Family Law, there are a number of anomalies and crisis, for instance, Islamic Law Compilation (KHI) on polygamy and mixed-religion marriage which contains discrimination and intolerance. This, however, is caused by its enforcement bound by civil law and merely to theMoslem communities. The article introduces the nationalization and internationalization of Islamic family law in the KHI, thus eliminating discrimination and intolerance. This will be sought by creating coherence between KHI and modernity issues such as: Human Rights, democracy, civil society, nation state and constitutionalism in the effort to desacralization. When added with the term desacralization, it will mean to liberate people from superstitious constraints (mythology) in some aspects, yet reserving the sacralization, not undermining or abandoning religious orientation in the norms and values of society, especially in the Islamic Family Law. Understanding this fundamental, desacralization of Islamic family law is, hence, Quo Vadis Islamic Family Law, that will eventually create progressive Islamic Family Law consistent with modernity and Indonesian ideology
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Lee, David, and Helen H. Yu. "Breaking the code of silence: who are the women reporting sex-based discrimination in federal regulatory agencies?" Policing: An International Journal 43, no. 4 (2020): 575–89. http://dx.doi.org/10.1108/pijpsm-01-2020-0008.
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PurposeThis study examines women's reporting behaviors in US federal law enforcement and provides an exploratory analysis of individual and occupational variables to describe the women who respond assertively to reporting unlawful workplace behaviors.Design/methodology/approachSurvey responses are collected from sworn female officers employed by two US federal law enforcement agencies who responded “yes” to having experienced sexual harassment (n = 368) and/or sexual discrimination (n = 410) in the workplace.FindingsThe findings suggest that individual characteristics such as age, as well as occupational variables such as grade level and tenure duration, significantly impact assertive reporting behaviors for sex-based discrimination.Research limitations/implicationsThe sample represents those respondents from only two organizations, limiting the sampling frame and generalizability.Practical implicationsWhile these findings are not promising for junior women working in law enforcement, they have important practical implications for agency decision-makers who want to eliminate or reduce unlawful behavior in the workplace.Originality/valueMost of the literature on reporting sex-based discrimination, including sexual harassment, has focused on why women do not report unlawful behaviors in the workplace, while a limited number of scholars have identified who will respond more assertively when encountering such discriminatory behavior. This article builds on the latter by examining additional occupational and individual variables to the discussion.
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Ross, S. L., and J. Yinger. "Uncovering Discrimination: A Comparison of the Methods Used by Scholars and Civil Rights Enforcement Officials." American Law and Economics Review 8, no. 3 (2006): 562–614. http://dx.doi.org/10.1093/aler/ahl015.
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Adams, Rachel, and Nóra Ní Loideáin. "Addressing indirect discrimination and gender stereotypes in AI virtual personal assistants: the role of international human rights law." Cambridge International Law Journal 8, no. 2 (2019): 241–57. http://dx.doi.org/10.4337/cilj.2019.02.04.
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Virtual personal assistants (VPAs) are increasingly becoming a common aspect of everyday living. However, with female names, voices and characters, these devices appear to reproduce harmful gender stereotypes about the role of women in society and the type of work women perform. Designed to ‘assist’, VPAs – such as Apple's Siri and Amazon's Alexa – reproduce and reify the idea that women are subordinate to men, and exist to be ‘used’ by men. Despite their ubiquity, these aspects of their design have seen little critical attention in scholarship, and the potential legal responses to this issue have yet to be fully canvassed. Accordingly, this article sets out to critique the reproduction of negative gender stereotypes in VPAs and explores the provisions and findings within international women's rights law to assess both how this constitutes indirect discrimination and possible means for redress. In this regard, this article explores the obligation to protect women from discrimination at the hands of private actors under the Convention on the Elimination of All Forms of Discrimination Against Women, and the work of the Committee on Discrimination Against Women on gender stereotyping. With regard to corporate human rights responsibilities, the role of the United Nations Guiding Principles on Business and Human Rights is examined, as well as domestic enforcement mechanisms for international human rights norms and standards, noting the limitations to date in enforcing human rights compliance by multinational private actors.
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Vidyapramatya, Nurindria Naharista. "HILANGNYA KEADILAN DALAM PENEGAKAN HUKUM MENURUT TEORI DISKRIMINASI." Jurnal Hukum dan Pembangunan Ekonomi 8, no. 2 (2021): 141. http://dx.doi.org/10.20961/hpe.v8i2.49763.
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<p><strong><em>Abstract</em></strong></p><p><em>The Indonesian nation is currently experiencing a crisis of justice in law enforcement. This </em> <em>happens because it is only concerned with the aspects of legal certainty and formal-legality rather than justice. The law cannot be enforced if there are no credible, competent and independent law enforcement officers. Legal discrimination is a way for law enforcement officials to differentiate in the imposition of sanctions against someone who is influenced by that person’s ability both in the economic and power fields. This study discusses how discriminatory law enforcement is when viewed from Donald Black’s theory. The author will compare two cases with the same type of crime but different decisions. Then studied through Donald Black’s theory of legal discrimination. The purpose of this study was to determine the existence of discrimination in law enforcement from two similar cases but with different decisions which were reviewed through Donald Black’s theory of legal discrimination. The research method used by the author in this study is a normative juridical research method. The preparation of this research is analytical descriptive with a conceptual approach. The conceptual approach needs to examine legal principles that can be found from the perspective of scholars or legal doctrine. The results of this research are indeed proven that there is legal discrimination that occurs, this can be seen from the study of Donald Black’s theory. The suggestion for law enforcers is to be fair in any case, do not favoritism and discriminate, because all citizens are the same, equally need justice.</em></p><p><strong> </strong></p><p><strong>Abstrak</strong></p><p>Bangsa Indonesia saat ini sedang mengalami krisis keadilan dalam penegakan hukum. Hal ini terjadi karena semata-mata hanya mementingkan aspek kepastian hukum dan legalitas-formal daripada keadilan. Hukum tidak dapat ditegakkan apabila tidak ada aparat penegak hukum yang berkredibilitas, berkompeten dan independen. Diskriminasi hukum merupakan cara aparat penegak hukum yang membedakan dalam pemberian sanksi terhadap seseorang yang dipengaruhi oleh kemampuan orang tersebut baik dalam bidang ekonomi maupun kekuasaan. Penelitian ini membahas tentang bagaimana diskriminasi penegakan hukum jika ditinjau dari teori milik Donald Black. Penulis akan membandingkan dua kasus dengan jenis tindak pidana yang sama namun putusan yang berbeda. Lalu dikaji melalui teori diskriminasi hukum milik Donald Black. Tujuan dari penelitian ini adalah untuk mengetahui adanya diskriminsi dalam penegakan hukum dari dua kasus yang serupa tetapi memiliki putusan yang berbeda yang ditinjau melalui teori diskriminasi hukum milik Donald Black. Metode penelitian yang digunakan penulis dalam penelitian ini adalah metode penelitian yuridis normatif. Penyusunan penelitian ini bersifat diskriptif analitis dengan pendekatan konseptual. Pendekatan konseptual perlu mengkaji prinsip-prinsip hukum yang dapat ditemukan dari pandangan sarjana ataupun doktrin hukum. Hasil dari penelitian ini memang terbukti adanya diskriminsinasi hukum yang terjadi, hal ini dapat dilihat dari kajian teori Donald Black. Saran bagi para penegak hukum adalah bersikap adil terhadap kasus apapun jangan pilih kasih dan membeda-bedakan, karena semua warga negara adalah sama, sama sama butuh keadilan.</p>
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Mushaben, Joyce Marie. "Women Between a Rock and a Hard Place: State Neutrality vs. EU Anti-Discrimination Mandates in the German Headscarf Debate." German Law Journal 14, no. 9 (2013): 1757–85. http://dx.doi.org/10.1017/s2071832200002492.
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Although it guarantees individual religious freedom and the inviolability of “human dignity,” the German Basic Law also infers the principle ofstate neutralityregarding the exercise of religious freedom in public life and civil service domains. TheLänder(states), however, enjoy substantial discretion in matters of religion and education, which has led to major divisions as to whetherMuslimas(Muslim women) can wear headscarves aspublicemployees. In 2006 Berlin adopted its own Neutrality Law (Berliner Neutralitätsgesetz) prohibiting religious attire among teachers, judges, and police. Within weeks, the city-state's first anti-discrimination officer was overwhelmed with new discrimination cases involving private sector employers as well. This essay examines the tensions and paradoxes inherent in Berlin's efforts to uphold religious “neutrality” among civil servants while also meeting the requirements of Germany's General Equal Treatment Act and three recent EU Directives 2000/43/EC, 2000/78/EC, and 2002/73/EG), addressing race, religion and equal treatment in employment, respectively. This article argues that the Neutrality Law not only violates national and supranational anti-discrimination regulations but that local officials are actually drawing upon the latter to undermine the enforcement of their own statute, in the hope that it will be repealed.
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Tahmindjis, Phillip. "An International Resolution on Non-Discrimination in Legal Practice." International Journal of Discrimination and the Law 4, no. 1 (2000): 73–85. http://dx.doi.org/10.1177/135822910000400104.
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The International Bar Association resolution on non-discrimination in legal practice represents an important first step in the incorporation of human rights norms and principles, particularly as they relate to discrimination, into the working life of lawyers. It is not a legally binding document, but nevertheless is of the highest ethical significance. Based on international human rights instruments, it necessarily imports into its terms and concepts both the best and the worst aspects of those instruments. It nevertheless represents an expansion in some areas (such as with respect to harassment and sexuality) and makes it clear where responsibility for the promotion and enforcement of these principles lies. In this regard, it may be an important first step in the transformation of the so-called “soft law” of human rights into a firmer enforceable domestic version by ultimately requiring the link to be drawn between malpractice and human rights.
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Sagandykov, Michail, and Galia Shafikova. "The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)." Всероссийский криминологический журнал 12, no. 6 (2018): 836–44. http://dx.doi.org/10.17150/2500-4255.2018.12(6).836-844.
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The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.
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Amuedo-Dorantes, Catalina, and Susan Pozo. "The Aftermath of Tougher Immigration Enforcement: E-Verify and Perceptions of Discrimination Among Hispanic Citizens." American Behavioral Scientist 63, no. 9 (2019): 1299–330. http://dx.doi.org/10.1177/0002764219835270.
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Using the 2002-2012 National Latino Surveys, we assess whether enforcement of immigration law through employment verification (E-Verify) mandates has affected perceptions of discrimination among Hispanic citizens—a group that is clearly authorized to work. E-Verify could adversely affect Hispanic citizens if employers avoid hiring Hispanics for fear they could be found ineligible through this program. We find, instead, that naturalized Mexicans perceive less employment discrimination after E-Verify is mandated. Perhaps, the program provides employers with an unobtrusive mechanism to ascertain work eligibility of prospective employees, avoiding more arbitrary screening. Nonetheless, naturalized Mexicans in E-Verify states are more likely to perceive that discrimination is getting in the way of Latinos’ success than their counterparts in other states. While this sentiment precedes the implementation of E-Verify and cannot be attributed to the mandates, its recognition is important because of its spillover effects on self-esteem, life dissatisfaction, and social cohesiveness.
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Goering, John. "Anti‐Discrimination law on the grounds of race in the United States: Enforcement and research concerns." Journal of Ethnic and Migration Studies 20, no. 3 (1994): 393–414. http://dx.doi.org/10.1080/1369183x.1994.9976437.
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Goldston, James A. "Holes in the Rights Framework: Racial Discrimination, Citizenship, and the Rights of Noncitizens." Ethics & International Affairs 20, no. 3 (2006): 321–47. http://dx.doi.org/10.1111/j.1747-7093.2006.00029.x.
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In recent years, states have increasingly exploited their traditional discretion over matters of citizenship to carve out significant exceptions to the universality of human rights protection. This primarily occurs in two ways: through denial and deprivation of citizenship and through the imposition of illegitimate distinctions between citizens and noncitizens. The results of such actions may be physical expulsion, disenfranchisement, exclusion from access to public benefits, and acts of violence and discrimination. The potential for abuse is heightened for racial and ethnic minorities. Racial discrimination is a major cause of denationalization and restrictive access to citizenship. And citizenship status is often used as a proxy for racial grounds in justifying denial of other human rights. The treatment of noncitizens compellingly tests societies' commitments to the rule of law. This essay explores how human rights norms—particularly the body of law that forbids discrimination on grounds of racial or ethnic origin—can be deployed to combat the worst effects of citizenship denial and ill-treatment of non-citizens. It recommends that the problem be addressed through three principal activities: documentation and public education; clarification and distillation of legal standards related to citizenship; and enforcement of existing norms, including those prohibiting racial discrimination.
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Биндер, Дэнис, and Denis Binder. "SEX DISCRIMINATION IN THE AIRLINE INDUSTRY: TITLE VII FLYING HIGH." Journal of Foreign Legislation and Comparative Law 3, no. 4 (2017): 153–60. http://dx.doi.org/10.12737/article_598063fbb4a7c1.70131716.
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The publication is translation of paper by Denis Binder (professor of law, Chapman University), published in California Law Review in 1971. The article highlights the important legal issues related to gender discrimination in the workplace. The author analyzes the principle of bona fide professional qualification, its content, interpretation in law enforcement practice as the only legitimate exceptions established by the Civil Rights Act of 1964’s the prohibition of sex discrimination. The author analyzes a broad approach to the interpretation of the principle of bona fide occupational qualifications based on any common characteristics in general are related to gender and a narrow approach of assessing individuals based on individual qualities, not on the basis of common characteristics of the sex. The author substantiates the necessity of narrow interpretation of the principle of bona fide occupational qualifications. Also in the article was analyzed the reasoning by the courts the position of the employer when this employer conceders an additional factors such as presence of children or marital status and using of the developed approaches to disputes of the airlines with the stewardesses. In addition to the prohibition of marriage there also was the age limit for stewardesses, when many airlines were automatically dismissed them upon reaching 32—35 years without taking into account individual characteristics of women, while the age of retirement of male stewards was 65 years. According to the author the collective agreements can be very effective in resolving existing problems for stewardess restrictions, which, however, does not eliminate practices of discrimination completely. The author has argued the necessity of the case law development in order to force the airline to refuse sex discrimination at all stages of employment.
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Legner, Sarah. "Durchsetzungsdefizite bei Gleichbehandlungsgeboten am Beispiel des Gender Pricing." Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft 104, no. 1 (2021): 34–60. http://dx.doi.org/10.5771/2193-7869-2021-1-34.
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Gender Pricing is a widespread phenomenon. According to various studies, women-specific products and services often are more costly than comparable versions of products and services for men. As products made for women are frequently coloured pink, Gender Pricing is referred to as “pink tax”. European anti-discrimination legislation imposes restrictions on gender-related price discrimination. The 2004 Gender Directive bans discrimination in the field of goods and services. In principle, the directive prohibits any less favourable treatment of men or women by reason of their gender. Nevertheless, the additional price added on products intended for women is widely accepted. This raises the question of whether Gender Pricing points to a lack of law enforcement. Against this backdrop, the scope of the legal restrictions imposed on Gender Pricing will be analysed. Subsequently, the challenges of implementing anti-discrimination laws must be taken into account. Finally, conclusions will be drawn on possible courses of action to enhance their mandatory strength.
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Poetri Paraniti, A. A. Sagung, and I. Wayan Wiryawan. "Perlindungan Hukum Terhadap Perempuan Sebagai Korban Kekerasan Dan Diskriminasi." Jurnal Ilmiah Raad Kertha 3, no. 1 (2020): 1–16. http://dx.doi.org/10.47532/jirk.v3i1.165.
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Examining a number of issues of violence against women in Indonesialately, has placed women as victims for a very long period of time. This can be seen bythe variation in a number of cases of violence that have implications for all forms ofviolence ranging from physical to intimidation, harassment, humiliation and restrictionof rights as social beings even more visible and organized, namely in the form oftrafficking in women or the coercion of selling themselves. So that women in Indonesiaas a weak group must receive protection. Based on the background of the problemoutlined above, there are several important issues to be discussed further. The problemsare as follows: How is multicomplex legal protection for women as victims of violenceand discrimination, What are the obstacles faced in providing legal protection againstwomen as victims of violence and discrimination. Legal Use Theory. This type ofresearch used in this research is normative legal research which is a scientific researchprocedure to find the truth based on legal scientific logic from the normative side.Violence against women is any action that violates, inhibits, negates the enjoyment andneglect of women's human rights. Based on Komnas Perempuan data, the number ofreported cases of sexual violence in 2017 increased by 74% from 2016. Even in 2019cases of violence against women increased by 14% with a number of 406,178 cases. Theneed for guarantees of protection for women comes along with the awareness to providespecial protection because of the many problems faced by women such as physical andpsychological violence, discrimination, underdevelopment in various fields, and so on.Legal protection for women as victims of violence and discrimination is currentlyregulated in Indonesian law, namely the Criminal Code, Law Number 23 of 2004concerning the Elimination of Domestic Violence, Law Number 21 of 2007 concerningEradication Criminal Acts on Trafficking in Persons, Law Number 39 Year 1999Concerning Human Rights, Presidential Instruction Number 9 Year 2000 concerning Gender Mainstreaming (PUG), Presidential Decree Number 181 Year 1998 concerningthe Formation of the National Commission on Violence against Women or KomnasPerempuan, which was amended by Perpres Number 65 of 2005. Besides that, severalother forms of direct efforts made in providing legal protection for women are throughexisting institutions such as, Integrated Service Centers, and Legal Aid Institutions.There are several obstacles encountered in implementing legal protection againstwomen victims of violence and disks elimination which is caused by several factorsincluding, the substance of the law, law enforcement, culture, facilities and facilities. Forthis reason, there needs to be a number of improvements to a number of components thataffect law enforcement for violence experienced by women, both from human resourceslaw enforcement officers, the establishment of legislation that specifically regulateswomen, and maximizes a number of facilities related to the interests of victims of violenceso that implementation in providing legal protection to women can be properlyaccommodated.
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Zilli, Livio. "Decriminalising Consensual Heterosexual Conduct outside Marriage: The Women's Case under International Human Rights Law." Netherlands Quarterly of Human Rights 20, no. 3 (2002): 299–314. http://dx.doi.org/10.1177/016934410202000303.
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In many countries all over the world, women's real or alleged engagement in consensual sexual activity outside marriage can give rise to a criminal conviction, leading to the imposition of a sentence of imprisonment and/or corporal or even capital punishment. Criminalising women because of their real or alleged involvement in adultery or fornication is a form of discrimination against women and it serves to reinforce patriarchal dominance in the so-called ‘private sphere’ and contributes to women's vulnerability to abuse. Because of male dominance of law-making and its enforcement, traditional human rights discourses have – in the main – reflected societal attitudes and values as far as the criminalisation of adultery and fornication is concerned. As a result, human rights scholarship, monitoring and advocacy have largely ignored the plight of women accused of these ‘offenses’. However, as demonstrated by a feminist reformulation of human rights in international law, as well as by arguments pertaining to the prohibition of discrimination on the basis of sexual orientation, it is possible to map out a course of action for scholars, advocates and campaigners to spearhead efforts to decriminalise consensual sexual activity outside marriage using human rights law as a more responsive tool.
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Khosa, Dee. "Gender and Police Leadership: An Analysis of Metropolitan Police Departments in South Africa." International Journal of Criminology and Sociology 10 (August 23, 2021): 1333–41. http://dx.doi.org/10.6000/1929-4409.2021.10.153.
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Despite a number of initiatives aimed at improving the representation and progressive of women in the law enforcement. Studies continue to document the persistence of gender inequality within law enforcement agencies all over the world and South Africa is not an exception. This article bring to light gender inequalities in the law enforcement sector where women in leadership ranks remains low. Historically, the police career was male-dominated and females were not allowed to work in the police. Therefore, equal gender representation in the workplace should by now be at an advanced developmental stage in South Africa since the abolition of discrimination rules. The Commission on Employment Equity of South Africa reported that women comprised 44.8% of the economically active population, yet males were still in charge of senior management positions in South African industries including the law enforcement environment. The data was collected from female officers from Metropolitan Police departments in Gauteng province. The findings suggest that culture, stereotypes, economic and socio-political dynamics, and physical fitness were perceived as barriers that hindered the representation of women into senior leadership positions.
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Akhtar, Zia. "Mapuche Land Claims: Environmental Protest, Legal Discrimination and Customary Rights." International Journal on Minority and Group Rights 20, no. 4 (2013): 551–76. http://dx.doi.org/10.1163/15718115-02004003.
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The Mapuche are an Indian tribe spread over Chile and Argentina who have suffered from the appropriation of their lands by the state. The latest court case decided in June 2011 by the Supreme Court of Santiago adjudged under the National Security Act 1984 enforced the anti-terrorism law against the protestors who had been demanding environmental rights. This draconian legislation was drafted under martial law and is part of a framework that was introduced in an emergency imposed between 1972–1998 in Chile. It led to the suppression of protest on environmental rights and the disenfranchisement of the Mapuche. The tribe has been protesting against the breach of accords signed with the government and the management of their lands. It has led to court cases that have not yet served a precedence that the tribe can rely on for the preservation of their lands. As the land based protest gathers momentum the enforcement of the anti-terrorist law is causing grave concern due to its breach of fundamental rights of due process. It invites an examination of whether the Chilean state is breaching the international covenants and the Declaration on the Rights of Indigenous Peoples 2007. In order for the human rights of the Mapuche to be respected the Chilean government has to repeal the laws that were enacted under the dictatorship, and furthermore there has to be a recognition of the customs and legal pluralism that will allow an alternative dispute mechanism which restores the cultural framework of the indigenous people.
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Khalioullina, Leisan. "Ethnic profiling as negotiating: Traffic law enforcement in the Republic of Tatarstan (Russia)." Nationalities Papers 44, no. 1 (2016): 55–70. http://dx.doi.org/10.1080/00905992.2015.1063593.
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Complex and ambiguous relations between state officials and civilians in Russia in general, and in Tatarstan in particular, are best reflected by daily communications between traffic police officers and motorists and pedestrians. These short interactions bring up issues of violence and minority discrimination, bribing, and dominant political values. In this paper based on my field research, I explore the practice of ethnic profiling employed by police officers and analyze its effects. I focus on identity construction and its “quality measurement.” Unlike a standardized system of weights or “brute facts,” law enforcement involves the creation of identities, including selective and sanctioned usage of, and manipulation by, ethnic traits. I conclude that ethnic profiling exists in Tatarstan, but stems not from nationalist inspirations of the controlling agents, but rather as an effect of rational economic decision-making. I also argue that despite its haphazard nature, ethnic minorities in Tatarstan are able to interact with controlling agencies more effectively than the majority, partially due to their alleged ability to employ collective action and partially because of the specific ethnic policy of the Republic.
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Polčák, Radim. "Procedural and Institutional Backing of Transparency in Algorithmic Processing of Rights." Masaryk University Journal of Law and Technology 13, no. 2 (2019): 401–14. http://dx.doi.org/10.5817/mujlt2019-2-11.
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Efficient enforcement of legal substance requires proper procedures and capable institutions. In that respect, law is now being challenged by the emergence of automated systems that autonomously decide about matters concerning rights. The neuralgic point in enforcement of legal compliance of such systems, namely with regards to possible discrimination, is transparency. Currently, there exists, at least in the EU, particular individual right to know the logic of respective algorithms. The comment tries to narrow down the issue of actual enforceability of that right by investigating its basic procedural and institutional aspects.
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Miller, Amalia R., and Carmit Segal. "Do Female Officers Improve Law Enforcement Quality? Effects on Crime Reporting and Domestic Violence." Review of Economic Studies 86, no. 5 (2018): 2220–47. http://dx.doi.org/10.1093/restud/rdy051.
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Abstract We study the impact of the integration of women in U.S. policing between the late 1970s and early 1990s on violent crime reporting and domestic violence (DV). Along these two key dimensions, we find that female officers improved police quality. Crime victimization data reveal that as female representation increases among officers in an area, violent crimes against women in that area, and especially DV, are reported to the police at significantly higher rates. There are no such effects for violent crimes against men or from increases in the female share of civilian police employees. Furthermore, increases in female officer shares are followed by significant declines in rates of intimate partner homicide and non-fatal domestic abuse. These effects are all consistent between fixed effects models with controls for economic and policy variables and models that focus exclusively on increases in female police employment driven by externally imposed affirmative action plans following litigation for employment discrimination.