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1
Loyson, Madeleine. "Substantive equality and proof of employment discrimination." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1059.
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This dissertation is a journey through the legislative changes and case law in order to analyse and evaluate the changing nature of South African jurisprudence in respect of the notions of equality, discrimination and affirmative action and the manner in which these issues are proved and dealt with in our courts. It focuses firstly on the emergence of the post-Wiehahn labour laws and the developing jurisprudence concerning discrimination in South Africa towards the end of a long period of isolation from the international world. It witnesses the growing cognizance which was taken of international guidelines and their slow and gradual incorporation into our jurisprudence before the institution of the new democratic government, in the days when the country was still firmly in the grip of a regime which prided itself on its discriminatory laws. It also deals in some depth with the new laws enacted after the first democratic government was installed, especially in so far as the Constitution was concerned. The first clutch of cases dealing with discrimination which were delivered by the Constitutional Court and their effects on decisions of the labour courts thereafter, are dealt with in great detail, indicating how important those judgments were and still are ten years later. A special chapter is devoted to the Harksen case, still a leading authority on how to deal with allegations of unfair discrimination. Having traversed several of the judgments of the labour courts after Harksen, several observations are made in the conclusion of the study which, it is hoped, summarize the major areas of concern in respect of the task of testing claims of unfair discrimination arising in our Courts.
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Gladwin, Maree. "Movements for equality : the nature of equality politics in Britain." Thesis, University of Southampton, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.362811.
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Quinn, Mary. "The process and outcomes of equality officer investigation under the Employment Equality Act,1977." Thesis, Keele University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268328.
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Krüger, Rósaan. "Equality and unfair discrimination: refining the Harksen test." Juta Law Publishing, 2011. http://hdl.handle.net/10962/68890.
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Publisher version<br>The 1997 formulation of the test in Harksen by Constitutional Court seemed to settle the constitutional standards in respect of equality and unfair discrimination. In this article this test is scrutinised closely with a view to clarify the different aspects of the right protected in s 9. Reliance is further placed on Canadian commentary which interrogates the dignity-centred analysis of the Canadian Supreme Court in relation to the Canadian Charter's prohibition of discrimination. The similar insistence on dignity as the interest protected by the right to equality opens up new possibilities in the South African context. Accordingly, specific 'wrongs' or 'indignities' of inequality are identified, which refines the Harksen test. The identification of the indignities, it is suggested, assists litigants and the court on a practical level when determining the fairness or otherwise of discrimination.
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Aps, William John Steven. "Indirect discrimination, the individual and the gender equality duty." Thesis, University of Leeds, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.550435.
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This aim of this thesis is to establish a conceptual link between the Gender Equality Duty (GED) and the mechanism of indirect discrimination. The method employed in this exercise is to reconceptualise the Gender Equality Duty as a technique of government that further reconfigures power relations in decision-making. By encouraging, rather than requiring, a gendered approach to decision-making that involves empirical analyses of target populations, and in making this a requirement of uncertain application, the principle effect of the GED is to create indeterminacy in the public sphere. Moreover, this uncertainty surrounds the operation not simply as a negative duty, but as a positive duty to act. This work looks at the relationship between the two methods of addressing discrimination, based upon the locating the individual within the UK equalities framework. The method is to subject the GED to a Foucaultian analysis of govemmentality and power relations. It is suggested that this methodology opens up the possibilities for a new conception of the GED which, further, has implications for indirect discrimination law. The main implication of the interaction between indirect discrimination and the GED is their mutual support based upon the indeterminacy of the GED's extent of application. Further, the interplay between the two legislative provisions gives rise to questions of the conceptualisation of indirect discrimination as a mechanism of impact.
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Woodhams, Carol Anne Cruttenden. "Disability, equality and employment - on whose terms?" Thesis, Manchester Metropolitan University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.284865.
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Widdowson, Elizabeth Lavinea. "Training and Enterprise Councils and gender equality : an exploration of the potential and commitment of Training and Enterprise Councils to promote greater equality for women in training." Thesis, University of Bath, 1996. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.338379.
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Pillay, Justin. "Equality and non discrimination in tertiary education for the visually impaired." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8404_1297400944.
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<p>The focus of this paper is the right of the visually impaired to access tertiary education that is not unfairly discriminative and unequal. The study is intended to highlight the inadequacy in the current legislation on equality such as the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and the Higher Education Act 101 of 1997 in properly promoting the ideals and purpose of constitution. Furthermore to analyse the constitutional court's approach to equality and non discrimination in order to provide solutions and recommendations for changes to existing legislation that is indeed to be effective.It also aim to define what it means to have equality for the visually impaired, more especially in tertiary education through the constitutional court's definition of equality...</p>
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Falkung, Annie. "The Europeanization of gender equality : A study on EU influence on Swedish gender equality legislation." Thesis, Linnéuniversitetet, Ekonomihögskolan, ELNU, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-18124.
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Sweden has since the membership of the European Union established a new Discrimination act and this thesis aim is to discuss if the EU could be a factor that influenced Sweden to that change. This is done through a discussion of how the EU is mentioned in the preparatory works. Preparatory works are used by the Swedish government in policy making before deciding on a new law and is to give a better understanding to the theoretical background and how the policy-making process deals with the effects of the EU policy at national level. To help explain how the EU could be an influential factor the theory of Europeanization and State-feminist theory are applied. These theories are also discussed further on the role norm entrepreneurs’ play and how they use the EU as an opportunity structure. Through the theory of Europeanization it is explained how the he EU directives have been implemented without any adoptational problems and with Sweden meeting the goals of the directives, national legislation has been developed further. Through the governmental bills, signs show that the EU can be a factor of influence in national legislation in Sweden. It has not, however, been stated that the changes of the acts to the current Discrimination act is done by effects of the European Union.
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Borrillo, Daniel. "Elements for a general theory of equality and non discrimination regarding European experience." Pontificia Universidad Católica del Perú, 2013. http://repositorio.pucp.edu.pe/index/handle/123456789/116654.
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The article analyzes the implications of shifting from modernto a welfare state according with the definition of equality principle, then explains the consequences of promoting the non discrimination principle and its structure as surety element of free competition. On that basis, the author presents the main tools of non discrimination in European law and then gives details about three components of discrimination: “tracto, criterium and spatium”. Finally, the article explores the debate surrounding the notion of evidence when it is related to discrimination, emphasizing States duty on promoting equality in European law.<br>El artículo analiza las consecuencias del tránsito del Estado moderno al Estado de bienestar en la definición del principio de igualdad, paraposteriormente explicarnos las implicancias de la promoción del principio de no-discriminación y su configuración como factor de caución de la libre competencia. A partir de ello nos aproxima a los principales instrumentosdel derecho europeo de la no-discriminación, para seguidamente explicarnos detalladamente los tres componentes de la discriminación: tracto, criterium y spatium. Finalmente, aborda la problemática de la prueba en materia de discriminación y la obligación de promover la igualdad que tienen los Estados en el derecho europeo.
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Delport, Petrus Jacobus. "Substantive equality and the challenge to affimative action as justification for unfair discrimination." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/15467.
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South Africa’s history as a nation is replete with examples of inequality and unfair discrimination. The working arena was no exception to the rule. In fact, it was one of the areas where inequality was most prevalent. Discriminatory legislation was promulgated under the Apartheid regime. These laws enforced differential treatment of employees along racial lines. After 1994, the newly democratic South Africa, through the Constitution of the Republic of South Africa Act 108 of 1996 (hereinafter referred to as the “Constitution”), regarded all people as equal before the law and entitled to equal benefit and protection under the law. National legislation was subsequently promulgated to give effect to this constitutional objective. The Employment Equity Act 55 of 1998 (hereinafter referred to as the “EEA”), specifically, gave effect to all employees’ constitutional right to equality in the workplace. Under the EEA, unfair discrimination was forbidden. The EEA also required employers to implement measures to eradicate the injustices of the past. Subsequent to the enactment of the EEA, the Courts reiterated two tests to determine whether unfair discrimination had taken place in the workplace. It also tested whether an affirmative action measure could justify such unfair discrimination. These two tests, referred to in Harksen v Lane NO and others (CCT9/97) [1997] ZACC 12 (11) BCLR 1489 (CC) (Hereinafter referred to as the “Harksen test”) and Minister of Finance v Van Heerden 2004 (11) BCLR 1125 (CC) (Hereinafter referred to as the “Van Heerden test”), were unfortunately applied by the Courts in an inconsistent manner. This created confusion about which test found application in specific circumstances. The Constitutional Court then clarified the confusion through the South African Police Service v Solidarity obo Barnard (2014) ZACC 23 (CC) (Hereinafter referred to as the “Barnard” decision”). It is important to note that this study does not seek to evaluate the correctness of the Barnard decision, nor does it consider the cases prior to the Barnard decision. Rather, this study considers the extent to which the Barnard decision informed later cases dealing with unfair discrimination and affirmative action. In the remaining chapters of this treatise the writer will attempt to answer this question as follows: In chapter two, the legislative framework applicable to issues of unfair discrimination and the application of affirmative action is discussed. Chapter three comprises of a detailed analysis of the Barnard decision. In chapters four and five the writer investigates how the Barnard decision informed four recent cases concerning affirmative action and unfair discrimination in the workplace. These discussions enabled the writer to, in the final chapter; conclude that all four cases were indeed informed by the Barnard decision. The Department of Correctional Services case, however, reiterated the Barnard decision to its fullest extent.
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Krüger, Rósaan. "Racism and law : implementing the right to equality in selected South African equality courts." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1003192.
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Racism has informed South African society since colonial times. Racist beliefs found expression in the laws of colonial and apartheid South Africa and shaped both state and society. The constitutional state that South Africa has become since 1994, is based on the values of ‘human dignity’, ‘the achievement of equality’ and ‘nonracialism’, among others. Law formed the basis of the racist state prior to 1994, and now law has a fundamental role to play in the transformation of the state and society in an egalitarian direction by addressing socio-economic inequalities on the one hand, and by changing patterns of behaviour based on racist beliefs forged in the past, on the other. This thesis examines one of the legal instruments that is intended to contribute to transformation in the latter sense, namely the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act), with specific reference to the issue of racism. The provisions of this Act and the framework for its operation against the background of South Africa’s racist past, and within the broader framework of international and constitutional law, are examined. These two legal frameworks are analysed for the purpose of determining the standards set by international and constitutional law regarding racial equality in order to determine whether the Equality Act measures up. This thesis also incorporates an analysis of the practical application of the provisions of the Equality Act to complaints of racism in selected equality courts. The theoretical analysis of the Act’s provisions and their application in the equality courts point to various problematic formulations and obstacles which negatively affect the application of the provisions and thus hamper social change. The thesis concludes with recommendations for refining the Act’s provisions and its application.
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Crofts, Melanie. "The impact of the Public Sector Equality Duties on higher education : a case study." Thesis, University of Northampton, 2013. http://nectar.northampton.ac.uk/6879/.
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The Public Sector Equality Duties (PSEDs) are a radical development in anti-discrimination legislation due to the emphasis on the need for public authorities to be proactive in order to address institutional discrimination. They require public authorities to take a substantive approach to equality by removing institutional barriers and focussing on equality outcomes. The aim of this thesis is to consider the implementation and impact of this innovative legislative approach to equality, with specific attention given to race and disability within a Higher Education Institution (HEI). It is demonstrated that senior management are not sympathetic to the substantive equality approach which is required by the PSEDs and instead operate with a formal understanding of equality. In addition, as the external pressures on Higher Education Institutions to comply with the legal requirements diminish over time, the processes established to deal with equality as well as legal compliance within the case study institution have weakened. As a consequence, there is a gap between what the law requires and what is happening in practice. At the same time, the experiences of Black and Minority Ethnic (BME) and disabled staff and students indicate that they are still experiencing significant disadvantage within the case study institution. As well as enduring individual instances of discrimination, broader institutional barriers are also evident. An institutional response to address the disadvantage, which is required by the PSEDs, is not visible. It is surmised that this is due to the adoption of the fairness as opposed to a substantive approach to equality. Critical Race Theory (CRT) is employed in order to provide an explanation for the findings within the case study institution. Although it can be used to help account for the data in relation to race, there are limitations in terms of its application to the data regarding disability. CRT acknowledges the intersections between race and other forms of oppression, such as disability, although its focus is still on race as the primary factor for oppression. However, some of the key concepts utilised by Critical Race theorists, such as contradiction closing cases and interest convergence, can also be usefully applied to the data relating to disability.
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Warry, Christine Margaret. "Distinction and disparity : the rise of discrimination in British social security law." Thesis, University of Southampton, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340315.
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Patterson, Helen Louise. "Education, legislation and equality : understanding persistent employment discrimination against educated women in South Korea." Thesis, University of Sheffield, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.722697.
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Furuichi, Satomi. "On understanding racial inequality in Brazil /." Digital version accessible at:, 1999. http://wwwlib.umi.com/cr/utexas/main.
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Max, Lennit Hendry. "An evaluation of the effectiveness of the application of section 42 of the Employment Equity Act 55 of 1998." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4493.
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Magister Legum - LLM<br>This paper evaluates s 42 of the South African Employment Equity Act (EEA) with specific focus on the application of the demographic profile of the national and regional economically active population by designated employers. The comparative analysis considers how the law of affirmative action in the United States of America and in Namibia, international conventions and the International Labour Organization (ILO) in relation to South Africa’s Constitution and the EEA promote affirmative action. While international law holds that affirmative action measures should be of a temporary nature with an individualistic focus on formal equity, the EEA granted affirmative action measures which are permanent, group based and substantive in nature.Given South Africa`s discriminatory past, it became an accepted principle that affirmative action needs to be implemented to redress the imbalances caused by apartheid. In broad terms, the EEA provides for the advantage of persons or certain categories of persons who were disadvantaged by unfair discrimination. As a result the EEA focuses on race, sex and people with disabilities to determine those who are to be the beneficiaries of affirmative action. International Law also embraces the notion of affirmative action and place a duty on all member states to act pro-actively to correct the effects of unfair discrimination. The mini-thesis also evaluates the powers of the Director-General of Labour with specific focus on the enforcement of measures and how it relates to the Promotion of Administrative Justice Act (PAJA) in compliance with the provisions of the EEA. It is concluded that s 42 of the EEA (with the exception of s 42(a)(i)) provides sufficient measures to redress the inequalities of the past by providing equal opportunities for suitably qualified people of the designated groups. That the Constitution and the EEA does not provide for differentiation amongst “Black people” (African, Coloureds and Indians). That the application of both the national and regional demographics are compulsory in formulating an equity plan, that the one cannot be ignored in favour of the other, and that the Director-General of Labour is sufficiently empowered to ensure compliance with the provisions of the EEA.
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Arnardóttir, Oddný Mjöll. "Equality and non-discrimination in the European Convention on Human Rights : towards a substantive approach." Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/26144.
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The case law of the European Court of Human Rights on discrimination under Article 14 of the European Convention on Human Rights is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination under the Convention are opening up through recent developments in the case law on Article 14 and the advent of the new Protocol 12 to the Convention. The arguments forwarded in this study will be based on an analysis of the Court’s case law as well as on analysis of the new Protocol 12. The study demonstrates that the ‘reasonable and objective justification’ test and conventional treatment of non-discrimination under the Convention in scholarly literature are not apt for dealing with the emerging new possibilities in protection against discrimination or for explaining the variations in strictness of review that truly govern the level of protection against discrimination already provided by the Convention. The study suggests a new approach to understanding protection against discrimination under the Convention developed by focusing on variations in the strictness of objective justification review as applied by the Court. To identify the point at which a case becomes susceptible to the factors that influence the strictness of objective justification review, the study proposes a new interpretation of the traditional understanding of the burden of proof under Article 14. A three-tiered model of factors that influence the strictness of objective justification review under the non-discrimination provisions of the Convention is then suggested and developed. The model encompasses various influencing factors that interact with and may support or negate the influence of each other. The elaboration of influencing factors under this model requires the development of the concept of “passive discrimination”, which is intended to capture the new possibilities hinging on positive state obligations under the non-discrimination provisions of the Convention.
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Shim, Jaejin. "Equality or the right to work? : explanation and justification of anti-discrimination rights in employment." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2176/.
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This thesis explores the relationship between anti-discrimination rights in employment and equality, on the one hand, and the right to work, on the other hand, in an attempt to achieve a full understanding of this relationship, in terms of three different dimensions: the analytic, the moral and the socio-legal. Firstly, the thesis aims to examine analytically the relationship between anti-discrimination rights in employment and the two values. Secondly, the thesis considers whether such a relationship is morally desirable. Thirdly, it looks at how the current relationship between anti-discrimination rights in employment and equality was established. The thesis adopts three different kinds of methodology, corresponding to each of the three aspects of the relationship mentioned above: conceptual analysis, moral evaluation and socio-legal studies. In a methodological sense, the thesis will explore the conceptual and socio-legal explanation and the justification of anti-discrimination rights with reference to the two values. This thesis firstly concludes that the right to work approach to anti-discrimination in employment, as an alternative to the equality approach, would explain anti-discrimination rights in employment more clearly and consistently. Secondly, it shows that, with reservations in relation to some parts of the prohibition of indirect discrimination, the right to work approach would transform the prohibition of direct and indirect discrimination in a more justifiable way than the equality approach, as the former would solve the justifiability issues caused by the latter. Nonetheless, the socio-legal study of the anti-discrimination laws of the US and UK demonstrates that equality was established as their underlying value in a particular socio-legal context, where economic liberty was dominant in the regulation of the workplace and the social movements were separated from the trade unions, mainly reflecting male or white workers and neglecting the voices of those who were vulnerable to the then prevalent forms of discrimination.
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Pierro, Joseph. "Everything in My Power: Harry S. Truman and the Fight Against Racial Discrimination." Thesis, Virginia Tech, 2004. http://hdl.handle.net/10919/9901.
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Any attempt to tell the story of federal involvement in the dismantling of America's formalized systems of racial discrimination that positions the judiciary as the first branch of government to engage in this effort, identifies the 1954 Brown v. Board of Education decision as the beginning of the civil rights movement, or fails to recognize the centrality of President Harry S. Truman in the narrative of racial equality is in error.
Driven by an ever-increasing recognition of the injustices of racial discrimination, Truman offered a comprehensive civil rights program to Congress on 2 February 1948. When his legislative proposals were rejected, he employed a unilateral policy of action despite grave political risk, and freed subsequent presidential nominees of the Democratic party from its southern segregationist bloc by winning re-election despite the States' Rights challenge of Strom Thurmond. The remainder of his administration witnessed a multi-faceted attack on prejudice involving vetoes, executive orders, public pronouncements, changes in enforcement policies, and amicus briefs submitted by his Department of Justice.
The southern Democrat responsible for actualizing the promises of America's ideals of freedom for its black citizens is Harry Truman, not Lyndon Johnson. The shift in white American opinion necessary for the passage of the civil rights acts of the 1960s was generated by the cumulative effects of actions taken between 1945 and 1953.<br>Master of Arts
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Smith, Olivia. "Constructs of disability and discrimination in anti-discrimination law : a comparative critique of the Americans with Disabilities Act and Ireland's Employment Equality Act." Thesis, University of Edinburgh, 2007. http://hdl.handle.net/1842/25205.
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This thesis critiques particular aspects of the employment discrimination protection afforded in the United States’ Americans with Disabilities Act 1990 and Ireland’s Employment Equality Act 1998 as a normative conceptualisation of disability equality as informed by the social model’s theorising on disability. While it addresses specific problems that occur in the operation of the disability discrimination system, at a general level, it utilises the social model of disability to expose the limitations arising when non-discrimination is adopted as the primary principle of justice and inclusion. The work begins by tracing the historical development of the disability category as western society moved from feudal ties to a wage-labour capitalist economy and the concomitant establishment of a parallel universe for the majority of disabled individuals. Concepts of equality and non-discrimination adopted within legal discourse are discussed so as to provide a backdrop against which subsequent analysis of the disability system is undertaken. The analysis also extends to the constitutional plane, adopting an Irish-US comparative focus. An examination of each jurisdiction’s approach to the issue of proving disability for the purposes of statutory protection, illustrates how the non-discrimination paradigm continues to sustain and perpetuate the individual functional limitation approach to disability and the exclusion of disabled persons. Finally, the reasonable accommodation duty is examined, both as a form of legal equality and as a requirement and implementation of social model theorising. This thesis considers how traditional defects of anti-discrimination law appear exacerbated in the disability context; how discrimination norms can mask the real nature of the problems facing disabled people and; how such problems of oppression, domination and exclusion are immune from the contours of the non-discrimination norm.
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McDaniel, Ronald. "Metropolitan Young Adult American Muslims Perceptions of Discrimination Post American Patriot Act." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6617.
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Several researchers have identified discrimination and profiling as examples of oppression and threats to the democratic process. Scholarly literature provides little evidence on the experiences, beliefs, and attitudes of young adult Arab American Muslims post-9/11. This study addressed the attitudes and lived experiences of young adult Arab American Muslims between the ages of 18 and 25 regarding discrimination and profiling experienced in the District of Columbia Metropolitan area since the passage of the American Patriot Act. A phenomenological research study was conducted using Benet's polarities of democracy as the theoretical framework with a focus on diversity and equality. Data were collected from young adults between the ages of 18 and 25 living in a large east coast metropolitan area using participant interview and then coded to identify themes. Participants mainly agreed on noticeable differences in their treatment related to diversity and equality on campus, in the workplace, and in social public settings. Often, participants agreed that they have been targeted through additional measures such as political and media rhetoric which also negatively impacts their seeking of diversity and equality. Overall, the results of this study not only highlight the challenges this group faces but also indicates that the polarity pair of diversity and equality has not been leveraged well, thereby creating a mental concentration camp for participants. Lastly, this study may provide positive social change by allowing US Congress to better understand the negative consequences of the US Patriot Act.
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Ferreira, Maria Eduarda Pereira da Costa. "Reconceptualising public spaces of (IN)equality: sensing and creating layers of visibility." Doctoral thesis, Faculdade de Ciências Sociais e Humanas, Universidade Nova de Lisboa, 2014. http://hdl.handle.net/10362/11913.
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Tese apresentada para cumprimento dos requisitos necessários à obtenção do grau de Doutor em Geografia e Planeamento Territorial - Especialidade: Geografia Humana<br>Space and social identities mutual relation of constitution and reproduction lead us to the understanding that space reflects power relations and hegemonic discourses, and that inequality can perpetuate itself through the ways space is organized, experienced, represented and created. Public spaces are constructed around particular notions of appropriate sexual comportment, reflecting and reproducing heteronormativity, as they exclude non-normative sexualities, such as lesbian sexualities. In a context of a heteronormative socio-spatial landscape women can decide not to disclose their non-normative sexual orientation, leading to a pervasive invisibility of lesbian sexualities in public spaces. Concurrently the pervasive invisibility of lesbian sexualities in public spaces reinforces power inequalities, feeding back the heteronormative socio-spatial landscape.
Discrimination on grounds of sexual orientation is still a widespread reality in Portugal in spite of the significant legal advances towards equality in recent years. Discriminated minority groups, such as lesbians, experience power inequalities in their everyday lives, and their spatial invisibility in public spaces contributes to their disempowerment.
Communication technologies recast the organization and production of the spatial and temporal scenes of social life and they open new possibilities of public action. The production of alternative representations of space, based on individuals’ georeferenced experiences, thoughts and emotions are increasingly supported by the potentialities of Internet based technologies, such as the ever more easy-to-use online software. The potential of these technologies to promote the agency, to change power relations and to disrupt the hegemonic discourse increase as more people become the authors of a complementary flow of knowledge, information, memories and stories. This research explores the potential of geospatial online practices, based upon the experiences, emotions and feelings of lesbian and bisexual women to disclose the socially encoded meanings of different bodies in specific spatial, temporal and cultural contexts, highlighting how spaces and sexual identities are mutually constitutive.
This research project aims to explore the potential of collaborative web mapping to promote the agency and empowerment of lesbian and bisexual women. It is structured in three phases: ‘Mapping the landscape’ aims to map spaces of lesbian and gay visibility in public spaces to contextualise the hetero pervasive reality in Portugal; the second phase ‘Sensing the landscape’ focuses on the intersections of gender and sexual orientation, aiming to identify significant dimensions of space and places that relate to lesbian and bisexual women sexual identities; and the third and final phase of the research ‘Creating landscapes’ explores how creating and sharing digital layers of lesbian visibility on collaborative web maps can disrupt a hetero pervasive reality and impact social identity and belonging, building capacities for action of lesbian and bisexual women, and facilitating same-sex public displays of affection. Ultimately, this research aims to explore the empowering potentialities of geospatial online practices to provide alternative possibilities for citizenship, and foster social change.
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Novoa, Curich Yvana Lucía. "Corruption as a discrimination mechanism." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117028.
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This research paper deals with the phenomenon of corruption as a crime not only from the perspective of criminal law, but as the cause of violations of fundamental rights. The article explains the concept of corruption and places this phenomenon in the international legal framework. Likewise, the content of the right to equality and the prohibition of discrimination is developed in this article. It exposed, with the help of examples, how that corruption violates Human Rights, affecting vulnerable groups in a particular and special way, and how well it ends up being a mechanism of structural discrimination in Peru.<br>El presente artículo de investigación versa sobre el fenómeno de la corrupción no solo como delito, desde la perspectiva del derecho penal, sino como la causa de vulneraciones de derechos fundamentales. El artículo explica el concepto de corrupción y sitúa este fenómeno en el marco jurídico internacional. De igual manera, se desarrolla el contenido del derecho a la igualdad y la prohibición de discriminación. Se expone, con la ayuda de ejemplos, cómo es que la corrupción vulnera derechos humanos, afectando en mayor medida y de manera particular a grupos en situación de vulnerabilidad, y cómo así termina siendo un mecanismo de discriminación estructural en Perú.
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Kivelä, A. (Anna). "Investigating gender equality and gender-based discrimination in software development:case study in a Finnish IT company." Master's thesis, University of Oulu, 2019. http://jultika.oulu.fi/Record/nbnfioulu-201904051431.
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Abstract. The underrepresentation of women in the IT field has been a constant global challenge for decades. IT companies are struggling to achieve a better gender diversity situation, since the number of women studying the STEM fields remains low. Recruiting is not the only challenge for the companies in the gender diversity issue, as also many women working in IT decide to leave for a work on another field. Gender-based discrimination has been suggested as one possible reason for the low retention of women.
This thesis study focuses on the discrimination by investigating the experiences and perceptions of software development employees with survey and interview methods. The aim in this qualitative study was to provide more information about the actual existence and nature of the gender-based discrimination. The topics related to discrimination were divided into two groups in the analysis, the ones which are related to formal discrimination and the other to informal discrimination. Formal referring to topics which affect pay and career advancement, and informal referring to the social environment at the workplace.
The findings suggested that both the formal and informal types of gender-based discrimination towards women do still exist in software development. They both seemed to affect the experience of gender equality and possibly also the retention of women. The active roles of scholars and practitioners are important in order to make a change; therefore, this study provides also suggestions for action based on the current literature.
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Neuwenhuis, Bridgitte. "Relative deprivation and relative gratification as predictors of intergroup discrimination: can prejudice be reduced by equality?" Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/147.
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It has long been identified that relative deprivation increases prejudice. Guimond and Dambrun (2002) demonstrated that relative gratification, as the opposite of relative deprivation, is also an important variable in predicting intergroup discrimination. Guimond and Dambrun (2002), further suggest that in order to prevent destructive conflicts between groups, such as intergroup discrimination, the goal of equality rather than economic improvements has to be kept in mind. The present paper will report three experiments which aimed to replicate Guimond and Dambrun’s (2002) findings on relative deprivation and relative gratification and which further aimed to test their proposal that equality would reduce prejudice. The results of the three experiments confirmed the predicted effects of relative deprivation and relative gratification on intergroup discrimination. However, the results did not confirm that equality reduces prejudice. Methodological and theoretical reasons for these results are provided and discussed in detail.
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McConnachie, Chris. "What is unfair discrimination? : a study of the South African Constitutional Court's unfair discrimination jurisprudence." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:19fcaf61-257b-4edf-9c8f-9f6429f12f45.
Full textAbstract:
This thesis offers an original account of the South African Constitutional Court's reasoning in identifying unfair discrimination perpetrated by the state. I use this account to develop proposals for improving the Court's jurisprudence, in line with its stated aim of addressing patterns of group disadvantage. The Court's Harksen test for unfair discrimination makes dignity the touchstone for identifying this wrong. However, the Court has not explained what is required to prove a violation of dignity or how dignity fits with its concern for group disadvantage. I demonstrate that three necessary conditions must be satisfied for the Court to conclude that dignity has been violated: there must be a) unfavourable treatment on the basis of protected grounds; b) that threatens to create or perpetuate patterns of group disadvantage; and c) that lacks adequate justification. I also investigate important features of the Court's reasoning that have been overlooked in the existing literature, including its concern for messages expressed by discrimination and the fluctuating intensity with which it reviews justifications. Among my proposals for developing this reasoning, I argue that the Court should remove human dignity from the Harksen test and openly acknowledge the considerations doing the work in its decisions. I also provide a detailed critique of five of the Court's most controversial decisions where it found discrimination to be fair despite clear indications that it entrenched patterns of disadvantage. I show that in all five cases the Court applied an indefensibly weak intensity of review, falling below the baseline level of scrutiny which ought to be applied in unfair discrimination cases. I contend that consistent application of this baseline will help to make the Court better at preventing and addressing patterns of group disadvantage. I conclude with a restatement of the Harksen test that consolidates the Court's reasoning and my proposals.
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Pepper, Christine. "A critical evaluation of diversity and equality in the UK construction sector." Thesis, Loughborough University, 2005. https://dspace.lboro.ac.uk/2134/7743.
Full textAbstract:
Historically, recruitment by the UK construction industry has been homogeneous, with a marked propensity for organisations to attract, recruit and select white nondisabled men. This makes construction the most white and male-dominated of all major industrial sectors. Previous research on women's and ethnic minorities' experiences within construction have shown that the industry reproduces a white male culture in which women and ethnic minorities experience marginalisation, discrimination, disempowerment, prejudice and 'glass ceilings' to their career progression. This, in turn, leads to vertical segregation within construction firms. Despite the under representation and underachievement of women, ethnic minorities and disabled people within the industry, little is known of the views and experiences of key construction industry stakeholders on workforce diversity and the potential impact that this has on promoting the diversity and equality agenda. Accordingly, this research makes a unique contribution by investigating diversity and equality from the perspective of employers, professional bodies, training organisations and industry policy forums to provide a more holistic understanding of why the industry has failed to diversify its workforce. The findings of the research develop existing theoretical perspectives on the underrepresentation and underachievement of women and ethnic minorities in the industry through an analysis of the cultural and institutional processes which shape the position of women and ethnic minorities. To achieve this, a primarily qualitative methodology was employed for the research in which stakeholder attitudes to workforce diversity were explored using in-depth semi structured interviews. The research also critically evaluated the industry's previous attempts to diversify its workforce using desk-top and case study research methods. Collectively, these investigations revealed the necessary challenges for policy makers to overcome in order to promote positive change within the industry. These included the existence of mutually reinforcing industry structures, customs and practices which systematically reflect and produce inequalities for underrepresented groups. Together, they undermine the delivery of diversity and equality policies and practices. On the basis of the research findings a framework of integrated diversity policy initiatives were developed. These address the need for both structural and cultural change within the sector and behavioural compliance in addition to attitudinal and cultural change. The efficacy of these measures was validated through a high level workshop in which leading industrialists and policy specialists debated and refined the key outcomes of the work. The resulting policy framework has been adopted by the Institution of Civil Engineers as their diversity and equality guidance document.
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Wagland, Richard. "Age, equality, and cultural oppression : an argument against ageism." Thesis, Brunel University, 2004. http://bura.brunel.ac.uk/handle/2438/5557.
Full textAbstract:
The concept of 'ageism' has often been thought to be of limited moral concern, especially in comparison to other forms of discrimination such as racism and sexism. Nevertheless, there are also those who believe that ageism is morally significant, and there are diametrically opposed views within liberal and egalitarian theory as to whether age discrimination is or is not just. This thesis has two objectives. Firstly, it seeks to overcome the apparent vagueness of the concept that has given rise to such diametrically opposed views concerning ageism by examining exactly what the phenomenon involves. It defines the wrongfulness of much age discrimination as originating in either the nature of the reasons for which people discriminate against the old or the nature of the consequences for the individuals affected. In the course of the thesis I make several important distinctions, the most important of which are between the social and moral worth of a person, and between the synchronic and diachronic interests of a person. These distinctions allow us to distinguish between a culturally oppressive ageism and ageism that is justified by reasons of equality and efficiency. The former is intrinsically morally wrong, the latter extrinsically wrong. The second aim of the thesis is to develop an anti-ageist ethical principle capable of challenging both forms of ageism in a comprehensive way, and which is consistent with a broader liberal egalitarian political theory. This is achieved by drawing on the distinction between the irreducible nature of each person's synchronic and diachronic interests. I have identified the principle that we should protect the synchronic interests of older persons with a democratic social egalitarianism that seeks to equalise the social relations between citizens rather than concentrating upon an equality of distribution. It is in this way that I also connect the debate about the morality (or otherwise) of age discrimination with debates within contemporary liberal egalitarian philosophy.
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Irving, L. D. "Challenging ageism in employment : an analysis of the implementation of age discrimination legislation in England and Wales." Thesis, Coventry University, 2012. http://curve.coventry.ac.uk/open/items/ffc88163-6994-4400-bead-121298f52bd1/1.
Full textAbstract:
The Employment Equality (Age) Regulations were introduced in England and Wales in 2006, seeking to prohibit age discrimination in employment and vocational training. This thesis assesses whether the legislation adopted is an effective mechanism by which to address age discrimination in the workplace and achieve the dual but contradictory objectives of the European Union Framework Directive on Equal Treatment of achieving equal treatment between age cohorts whilst encouraging the active participation of older citizens in the workplace. The thesis sheds light on this hitherto unregulated suspect ground of discrimination by means of a quantitative and qualitative analysis of all employment tribunal judgments which relate to an age discrimination claim over a three and a half year period. This study shows that very few claimants were successful if their claim of age discrimination was considered by a tribunal and there was considerable inconsistency of implementation and interpretation of the legislation by individual tribunals. Employers have quickly developed defences against claims of age discrimination in order to maintain their freedom to contract and the imbalance between the two parties was particularly noticeable with claimant credibility often under scrutiny – a process claimants appeared unprepared for. Regional discrepancies were found in terms of success rates and compensation awards. A gender award gap was found in both overall compensation and injury to feelings awards, with women given smaller awards than men, whilst younger workers were given smaller awards than older workers. Legal representation made a substantial difference to success rates and compensation awards, but the majority of awards were low and many would not have covered legal costs. The low compensation awards do not provide an effective deterrent, as required by the Article 17 of the Directive. The legislation is particularly ineffective for those who claimed they had suffered multiple discrimination. Although an important first step in regulating ageist behaviour, the Regulations and the subsequent Equality Act 2010 will be unlikely to achieve the aims of the Directive as they provide little incentive for claimants to undertake the stressful process of making a claim under the legislation, which relies upon individual fault-finding.
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Papadimitriou, Lamprini. "Making a Difference in Education : The role of the school and especially the teacher in empowering gender discrimination under a policy of equality." Thesis, Linköpings universitet, Institutionen för tema, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-133204.
Full textAbstract:
The aim of this thesis is to find out how the role of the teacher can affect positively or negatively the issue of gender equality in classroom and more specifically how this question can be applied to the Greek educational system which, for years, has been following a program that suggests ways for the elimination of gender stereotyping. The reason that this thesis focuses mainly on the role of the teacher, besides the fact that teaching is my occupation, lies in the fact that the implementation of every policy presupposes the willingness of the teacher to carry out those implementations. The implementation of policies on gender issues requires a constant education and training on gender issues and rights, expanding the attitude and beliefs on the issue. So far the policies tend to aim to equality and elimination of discrimination. We will see at which level we currently are and which are the visions regarding this matter.
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Siekman, Jennifer L. "Education versus equality : supporting single-gender, public institutions for women." Virtual Press, 1996. http://liblink.bsu.edu/uhtbin/catkey/1020185.
Full textAbstract:
This study presents a theory supporting single-gender, public institutions for women based on constitutional and legal history, educational theory, and feminist theory. Evidence from these areas suggest that single-gender, public institutions can be legally reviewed as constitutionally sound; that women can positively affect their situation in public life by learning the tools necessary to succeed in an educational environment without the added competition of men; and that once women experience leadership positions in college, they will understand how to gain access to channels of power. In order to reach the masses of women, this form of education must be offered as a choice in the public system of higher education so that all women, regardless of geographic or financial restrictions, can take advantage of a single-gender education.<br>Department of Secondary, Higher, and Foundations of Education
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Malaret, Stacey Lazenby. "A Study of Gender Equality at Private and Public Two-Year and Four-Year Florida Institutions." Doctoral diss., University of Central Florida, 2007. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/2420.
Full textAbstract:
This study sought to examine the perception of gender equality from the viewpoint of women administrators at Florida public and private two- and four-year institutions. Potential respondents were chosen from American College Personnel Association and/or National Association of Student Personnel Administrators databases. The data used for this study were obtained from 32 female administrators (50% response rate) who completed a self-administered online questionnaire, distributed to potential respondents in August and September, 2007. Collected data were entered into an SPSS database. Through data analysis, confidence intervals were reported for each survey item. Comparable means were studied for each of the six independent variables used in the survey. A broad array of gender equality information was disclosed in the data and literature. This information provided a basis for further research topics on perception on gender equality in higher education administration.<br>Ed.D.<br>Department of Educational Research, Technology and Leadership<br>Graduate Studies;<br>Educational Leadership EdD
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Eyber, Carola, Dorothy Dyer, and Ruth Versfeld. "Resisting racism: a teachers' guide to equality in education." TLRC, 1997. http://hdl.handle.net/10962/73690.
Full textAbstract:
While South Africa's new democracy has meant that schools are now open to all, there is still racism in our schools. The changes in schools have in some cases exacerbated racial tensions and mistrust. Teachers everywhere are struggling with the changing dynamics of their classrooms and schools. There is much talk about how to work against racism. Various programmes and schools have developed different ways of dealing with it. All have particular ideas about how best to counter it. Resisting Racism aims to discuss and understand the beliefs and assumptions underlying many of these approaches. We look at the theories behind the different practices, present a range of ideas to illustrate them and consider their limits and possibilities. The book is a starting point for teachers and schools to reflect on their practices and help them to work out new strategies in the classroom and school. The approaches described will probably work best if they are used together, specially adapted to the specific context in which they are to be used. In the first part of the book we look at psychological and sociological explanations of why people are racist. Four different ways of looking at the issues are described. Each suggests practical ways of dealing with racism in the classroom and in the school. Chapter Three, on multi-cultural and anti-racist education, covers similar ground but from a slightly different angle, looking at curriculum debates about race, culture and equality. The final section looks at the concerns that many teachers have every day, such as "How can I deal with the language problem?" and "How can I involve parents in these issues?" In discussing these questions we have tried to use current theory to inform the practical ideas suggested. You will discover that this book is not neutral. It does have a point of view. It seeks to explain the limitations of assimilating students into a status quo and asks that schools take a critical look at their policies and practices. There are no easy answers or quick solutions. However thinking about and understanding the issues of racism and the ways in which it may be resisted can only bring us closer to positive change.
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Weiß, Norman. "Oddni/ Mjöll Amardöttir, Equality and Non-Discrimination under the European Convention on Human Rights / [rezensiert von] Norman Weiß." Universität Potsdam, 2004. http://opus.kobv.de/ubp/volltexte/2011/5570/.
Full textAbstract:
rezensiertes Werk:
Amardöttir, Oddni Mjöll: Equality and Non-Discrimination under the European Convention on Human Rights (International Studies in Human Rights, Nr. 74). - Den Haag : Kluwer Law International. -2003, 265 S.
ISBN: 90-411-1912-4
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Howard, Erica Antoinette Maria. "The road to equality : developing the protection against discrimination on racial or ethnic grounds within the European Union." Thesis, Queen Mary, University of London, 2007. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1503.
Full textAbstract:
In 2000, the European Union adopted a Directive against discrimination on the grounds of racial or ethnic origin. This Directive was one of the first legislative measures taken by the EU in the fight against racism and racial discrimination. The Thesis examines whether the Directive improves the protection against discrimination on the grounds of racial or ethnic origin for people within the EU by an in-depth analysis and evaluation of the Directive as a whole in relation to the theoretical concepts of race and racism and of models of anti discrimination law. This analysis includes a discussion of the need for and the effectiveness of legislation in general and of legislation at EU level in the fight against racism and racial discrimination and an evaluation of the anti discrimination clauses of the international and European human rights instruments. The Directive is studied in these wider contexts because they have all been influential upon its development and because they provide both the framework and a set of standards for the examination and evaluation of the Race Directive and its effectiveness in protecting people within the EU against racial or ethnic origin discrimination. The Thesis concludes with an assessment of how far the EU has come on the road to equality with the adoption of the Directive and the subsequent developments; or, in other words, how far the EU has progressed towards achieving equality for all people in Europe.
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Khaitan, Tarunabh. "An autonomy-based foundation for legal protection against discrimination." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:1f354185-66aa-45c9-a91b-54f7c1c76cd1.
Full textAbstract:
The impressive growth of antidiscrimination law in liberal democracies in the past few decades belies the inadequacy of the normative bases on which it has been sought to be justified. Popular ideals such as rationality, equality and dignity have been unsuccessful in providing a coherent liberal framework for the fundamental aspects of the practice of antidiscrimination law. In this thesis, I have argued that a unified normative framework comprising autonomy and dignity-as-autonomy does a markedly better job of justifying the most fundamental aspects of these laws. The ideal of personal autonomy is understood here as a principle that seeks to guarantee an adequate range of valuable options to individuals. Dignity-as-autonomy is understood to be an expressive norm, which forbids certain persons from expressing contempt for the autonomy of another. These ideals have different forms: autonomy is a non-action-regarding principle, while dignity-as-autonomy is action-regarding. They are also distinct substantively: it is often possible to violate one of them without affecting the other. When these ideals make incompatible demands, I argue that those made by autonomy should prevail. Mandating positive action and reasonable accommodation on the one hand, and prohibiting indirect discrimination and harassment on the other, are essential features of a model of antidiscrimination law based on this framework. Further, under this framework, antidiscrimination law is not vulnerable to objections such as ‘levelling down’ and responds well to claims of discrimination on ‘intersectional grounds’. Furthermore, it is not essential to find an ‘appropriate comparator’ in order to prove discrimination. This model also explains when, and under what conditions, can some forms of discrimination be ‘justified’. Finally, on an autonomy-based model, antidiscrimination law is only one of several complementary tools that should be employed to protect and promote personal autonomy.
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Schneebaum, Alyssa, and Nina Schubert. "Marriage (In)equality: Does the Sexual Orientation Wage Gap Persist Across Marital Status?" WU Vienna University of Economics and Business, 2017. http://epub.wu.ac.at/5964/1/wp254.pdf.
Full textAbstract:
Since the first empirical paper on the topic more than two decades ago (Badgett, 1995), the common story in the literature on wages and sexual orientation has been that gay men face a wage penalty compared to heterosexual men while lesbians are paid the same as or more than heterosexual women. However, none of the papers in the literature have thoroughly addressed the role of marital status in these wage gaps. Using data from the 2013-2015 American Community Survey and OLS as well as selection-corrected estimators, we show that the gay male penalty exists only for the group of married men, while the lesbian wage premium persists across marital status but is smaller for married lesbians.<br>Series: Department of Economics Working Paper Series
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Dehoumon, Mathieu. "Les procédés de gestion par l'OIT de la discrimination au travail dans les Etats africains." Thesis, Grenoble, 2011. http://www.theses.fr/2011GREND008.
Full textAbstract:
En matière de travail, la discrimination est une atteinte aux droits humains notamment les principes et droits fondamentaux garantis par l'Organisation Internationale du Travail (OIT) à travers sa Constitution (1919) et surtout la Convention N°100 (1951) portant sur l'égalité de rémunération entre homme et femme pour un travail de valeur égale, et, la Convention N°111 (1958) relative à l'élimination de la discrimination en matière d'emploi et de profession. La pratique de la discrimination dans les Etats africains semble être liée au contexte de pauvreté et d'exclusion alimentant les sentiments d'injustice ou d'inégalité entre homme et femme, entre les travailleurs en fonction, les travailleurs potentiels et les employeurs. Parmi les victimes de ce fléau, les femmes sont les plus exposées en toute méconnaissance des normes nationales et internationales de protection de leurs droits ; il y a aussi les personnes appartenant aux minorités, et, certaines personnes marquées par des caractéristiques particulières dont l'ethnie, l'origine familiale ou politique. Elles sont confrontées à de nouvelles formes de discrimination qui présentent des caractères plus subtiles. Ce travail de recherche analyse alors les mécanismes de gestion par l'OIT de la discrimination au travail dans les Etats africains lorsque survient un différend fondé sur le sexe ou la race d'un travailleur. En faisant ressortir la pertinence des procédés politique et juridique de gestion par l'OIT de la discrimination au travail, cette étude montre que des facteurs socioculturels, le manque de volonté politique et la fragilité de la culture juridique favorisent considérablement les difficultés d'application effective du principe de non-discrimination au travail dans certains Etats africains. Elle apprécie l'efficacité des deux procédés tout en insistant sur leur caractère complémentaire. Dès lors, ce travail vient contribuer d'une part, à la recherche de solutions aux conflits sociaux qui naissent des inégalités homme/femme et des exclusions ethniques sur le lieu de travail ; et d'autre part, à aider à comprendre les comportements des acteurs et des agents sociaux ainsi que les enjeux dans l'organisation et l'administration du travail dans les Etats africains notamment lorsque s'imbriquent des intérêts divergents<br>In the matter of labour, discrimination is a violation of Human Rights particularly the principles and fundamental rights guaranteed by the International Labour Organisation (ILO) through its Constitution (1919) and especially Convention No. 100 (1951) related to the equal remuneration between men and women for a work of an equal value, and Convention No. 111 (1958) on the elimination of discrimination in employment and occupation. The practice of discrimination in African countries seems to be related to the context of poverty and exclusion entertaining feelings of injustice or inequality between men and women, between workers in a same office, between potential workers and employers. Among the victims of this scourge, women are most at risk in any breach of national and international standards of protection of their rights ; there are also persons belonging to minorities, and marked by some special features including ethnicity, family origin or political affiliation. They face new forms of discrimination that are more subtle. This research then analyzes the ILO's management mechanisms on discrimination at work in some African countries when there is a litigation based on a worker's sex or race. Highlighting the relevance of the ILO's political and legal processes of management on discrimination at work, this study attests that socio-cultural factors, lack of political will and the deficiency of the legal culture greatly enhance the difficulties of application of the principle of non-discrimination at work in some African countries. It also assesses the effectiveness of both methods while emphasizing on their complementary nature. Therefore, this research is to contribute firstly, to look for solutions to social conflicts that arise from male/female inequalities and ethnic exclusion in the workplace, and secondly, to help understand the actors and social agents' behavior and the issues in the organization and administration of labour in African countries such as overlap of interests
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Muzvidziwa, Itai. "Gender equality in decision-making processes: the case of the Zimbabwean cabinet." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1018649.
Full textAbstract:
Although Zimbabwe is a signatory to various regional and international conventions, treatises, declarations and protocols that seek to promote and create an environment conducive the attainment of gender equality, despite all these commitments, the Zimbabwean Government still lags behind in the area of political participation of women. This study was done to investigate gender equality and the level of participation in governmental decision making processes with specific reference to the cabinet of Zimbabwe. The subject for discussion was traced back to 1980 when Zimbabwe gained its independence and the researcher aimed to ascertain whether there was any significant improvement in terms of women’s participation in governmental decision-making processes and structures. The study also unravelled reasons why women have been at the peripherals of decision- making in cabinet. The study also brought out and evaluated the strategies used by the government of Zimbabwe in managing a gender-sensitive working environment and the legislation that has been put in place to guide the process. At the same time an evaluation was done among the respondents to ascertain the strengths and weaknesses of the strategies identified. Political parties were also included in the process since women who find their way into parliament do so using the tickets of their respective political parties. The political parties have a role to play since they have their respective constitutions in gender sensitive issues and it remains to be seen if they are implementing this which would result in identifying the numbers of women who are in the cabinet. The study is of significance to the Zimbabwean situation at the moment as the country is in the process of drafting a new constitution. The current Constitution in its Section 23 which provides for “protection from discrimination on the grounds of race, tribe, political opinion or physical disability of the persons concerned it is not clear as to what form of representation or position women should occupy in politics and decision-making positions. Given the above research analysis it is possible to conclude that indeed women have an impact on decision making in cabinet. The findings show the impact of considering the value of women in decision-making bodies as they spearheading development in their respective wards and the nation at large. Women were also viewed as decision makers who would contribute in the development of the nation just as much as men are assumed to do. The empowerment of women legislators and the aspiring candidates is a process that has a long way to go to ensure gender equality in governmental decision making processes but it is a necessary process.
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Médard, Inghilterra Robin. "La réalisation du droit de la non-discrimination." Thesis, Paris 10, 2020. http://www.theses.fr/2020PA100038.
Full textAbstract:
Le droit de la non-discrimination s’est considérablement étendu lors des dernières décennies et constitue désormais un corpus juridique étoffé. Structuré autour d’une interdiction fondatrice (l’interdiction de la discrimination) et d’un droit subjectif (le droit à la non-discrimination), il fait l’objet d’un enrichissement continu dont témoigne, entre autres, la profusion des caractéristiques protégées. À mesure que croissent les exigences normatives qui lui sont assignées, persiste en contraste un état pragmatique : celui de son ineffectivité. La crédibilité du droit et la protection des victimes sont alors mises à l’épreuve et invitent à penser, au-delà des incantations, une politique sur mesure de réalisation du droit.L’ambition excède manifestement les seules capacités du juriste. Parce que le droit de la non-discrimination repose tout entier sur un contrôle de justification, il décharge considérablement le processus de réalisation sur la victime. C’est cette dernière qui doit procéder, d’une part, à un acte de qualification juridique de la situation vécue et, d’autre part, à un acte de mobilisation de la norme en vue de la réparation. Le droit n’est toutefois pas étranger à ce processus. Il l’encadre. En amont, sa conception détermine les qualités de l’outil mis à disposition des acteurs. En aval, la manière dont il règle la contestation judiciaire conditionne la capacité des juridictions à satisfaire une revendication qui se révèle fondée. Un examen critique de l’appréhension des facteurs juridiques de réalisation par les autorités normatives s’impose. Si l’analyse révèle quelques carences, elle dévoile par un mouvement symétrique des espaces inexploités que le droit de la non-discrimination pourrait être amené à explorer<br>Over the last decades, anti-discrimination law significantly expanded and appears now as a wide body of rules. Founded upon a main prohibition (the prohibition of discrimination) and a right to be exercised (the right to be free from discrimination), ATD law is subject to a continuous growth, as the abundance of protected grounds attests. While its normative requirements increase, the social behaviours show in contrast one of its main challenges: its lack of effectiveness. The credibility of law as well as the protection of victims are then strained and lead up to conceive a tailor-made policy to support the realization of law.Such an ambition plainly exceeds the sole capacity of lawmakers. As ATD law mainly consists in referring illegitimate treatments to the courts, it considerably unloads the process of realization on the victim. She is the one who must legally qualify the situation she experienced and then claim her right by engaging through a judicial combat in order to obtain redress. The law is, however, no stranger to this process, and frames it. Beforehand, its design shapes the qualities of the tool made available to stakeholders. Afterwards, the way it deals with the proceedings determines the ability of courts to satisfy a rightful claim. Therefore, it is required to enter into a critical examination of the ways whereby normative authorities seize the legal factors of realization. While the analysis reveals some shortcomings, it exposes at the same time some unexploited areas that ATD law could explore
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Kim, Gumsun. "A question of equality : women and women's art under patriarchal society /." View thesis, 1995. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030801.151817/index.html.
Full text
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De, Wet Anna-Magrieta. "Kultuureie-onderwys : 'n onderwysregtelike perspektief / Anna-Magrieta de Wet." Thesis, Potchefstroom University for Christian Higher Education, 2002. http://hdl.handle.net/10394/8588.
Full textAbstract:
This study focused on finding a balance between equality and diversity as seemingly
opposites, in order to ensure realisation of cultural, linguistic and religious rights in education.
In order to reach this goal, it was imperative to illustrate the meaning of the concepts equality,
discrimination, culture and diversity in education. Unfolding the meaning of these concepts,
as well as determining the scope of the learner's right to culture-specific education, the
finding was that equality does not mean identical treatment of all, but rather it implies that a
person has the right to be culturally distinguished.
The objective of the empirical research was to determine to which extent the learner's
cultural, linguistic and religious rights are catered for in schools, also to determine what the
educational leaders' attitude is with regard to the subject. The population existed of school
principals of public schools in the N3 district in Gauteng of which a sample of 80 principals
was randomly chosen. The research was conducted by means of a questionnaire.
In conclusion, some of the findings of this study are as follows:
The attitude of the principals is in favour of culture specific education, but they do
not favour an opinion that such education should lead to seperation of groups.
The principals are in favour of mother tongue education and feel that such education
will be more effective than education in a foreign language, though they see the
implementation of a majority policy as a practicable solution.
Principals agree that religion should play a prominent role in education.
Cultural differences are being catered for by school cultural activities. Language and
religious needs of minority groups are however not accommodated because of the
implementation of a majority principle.
Educational leaders should be equipped with knowledge and skills to effectively
accommodate the cultural, linguistic and religious rights of learners. Respect for cultural
identity should be cultivated by means of informing leaders, parents and teachers of mutual
fundamental rights and duties. The practicability of education in the previously
disadvantaged languages should be researched. This should be done concerning the different
training methods and the need for training with regard to knowledge and skills that will
enable educational leaders to effectively accommodate the cultural, linguistic and religious
rights of the learners.<br>Thesis (M.Ed.)--Potchefstroom University for Christian Higher Education, 2002
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Kulahli, Ayse. "Honour killings in Turkey : women's rights, feminist approaches and domestic legislation at crossroads." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/15690.
Full textAbstract:
So-called 'honour killings' have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. This study evaluates how effective current international human rights law, and in particular the recent Istanbul Convention, have been in eradicating so called 'honour killings' on Turkey. The thesis argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing women in the name of 'honour'. The study looks at the application of such standards as well as the current obstacles using the feminist approaches, in particular the intersectionality approach. Through such lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent VAW and questions the judicial approach to the implementation of the women's right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches.
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Sonday, Nadeema. "An overview of the effectiveness of employment legislation in protecting people with disabilities against discrimination in the South African workplace." University of the Western Cape, 2021. http://hdl.handle.net/11394/8345.
Full textAbstract:
Magister Legum - LLM<br>The South African apartheid regime brought about many injustices. These
injustices were mostly directed at people of colour, women and people with
disabilities. People with disabilities were neglected, discriminated against and
largely marginalised.1 A person is considered as having a disability in terms of
the Code of Good Practice on the Key Aspects on the Employment of Persons with
Disabilities,2 if they have a physical or mental impairment, which is a long term
or recurring impairment and which significantly limits their prospects of entry
into or any advancement within the workplace.
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Nconco, Mpumelelo. "Substantive equality and affirmative action in the workplace." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1617.
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During the apartheid era in South Africa there was an unequivocal commitment to white supremacy, segregation and inequality. Discrimination but not on the basis of race was entrenched by the pre-democratic government. The 1980‟s saw the first steps towards reversing such practices through various measures, in the form of formal equality. Formal equality holds that the state must be act neutrally in relation to its employees and must favour no one above another. It assumes that all people are equal and that inequality can be eradicated simply by treating all people in the same way. Formal equality is therefore blind to structural inequality. Substantive equality in contrast to formal equality holds the value that equality is not simply a matter of likeness, that those who are different should be treated differently. The very essence of equality is to make distinction between groups and individual in order to accommodate their different needs and interests. It considers discrimination against groups which have been historically advantaged to be qualitatively aimed at remedying that disadvantage. The Constitution Act 108 of 1996 confers the right to equal protection and benefit of the law and the right to non discrimination. Prohibition of unfair discrimination in itself is insufficient to achieve true equality in a historically oppressed society. Hard affirmative action measures are required, the Constitution further explicitly endorses such restitutionary measures. Affirmative action is a systematic, planned process whereby the effects of colonialism and racial discrimination are being reversed in all areas if life. It is designed to achieve equal employment opportunities. In order to achieve this goal the barriers of the workplace which restrict employment and progressive opportunities have to be systematically eliminated through proactive programmes. Affirmative action is a delicate instrument of social engineering which must be used with caution. The Employment Equity Act 55 of 1998 gives effect to the constitutional provisions and to regulate affirmative action measures in employment. The Employment Equity Act spells out the beneficiaries, who should do the protection, and advancement and what may happen to employers if they fail to comply in the view of the Director-General of the Labour. However the explicit constitutional and legislative endorsement of affirmative action comes with its controversy and legal challenges and it has been left to the courts to resolve tension on the one hand and to ensure equal treatment on the other.<br>Abstract
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Carlson, Laura. "Searching for Equality : Sex Discrimination, Parental Leave and the Swedish Model With Comparisons to EU, UK and US Law." Doctoral thesis, Uppsala : Iustus, 2007. http://www.iustus.se/html/contents/menu/03_katalog/bookshop/describtion/6468.jpg.
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Todorovic, Tijana. "Between Equality and Discrimination : A policy analysis of the EU Framework for national Roma integration strategies up to 2020." Thesis, Enskilda Högskolan Stockholm, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:ths:diva-282.
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The EU Framework for National Roma Integration Strategies up to 2020, is a policy that seeks to integrate Roma in the fields of education, employment, healthcare and housing, and to combat and prevent discrimination and promote equality. The problem formulation that motivates this study is the phenomenon of discrimination that Roma population experience on the soil of European Union, funded on the principles of equality and non-discrimination. The aim of this paper is to carry out a policy analysis of the EU Framework with the goal to reveal in what ways the policy aims to combat discrimination and promote equality for Roma, the largest minority in the EU. Theoretical framework relies on the principle of equality and its influence on discrimination in the context of human rights. This research carries out a qualitative case study of Roma, in combination with policy analysis as method. Results found, after conducted analysis, shows that the EU Framework doesn’t generate a rich concept of equality that can prevent, and combat discrimination based on racial and ethnic origin of Roma. The EU Framework doesn’t concretize various forms of discrimination towards Roma, nor address the phenomenon of anti-gypsyism as a main barrier to Roma inclusion.<br>EU-ramverk för nationella strategier för romsk inkludering fram till 2020 är en policy som åsyftar till att integrera Romer inom områden för utbildning, sysselsättning, hälso- och sjukvård samt bostäder. Ramverket söker att bekämpa diskriminering och främja jämställdhet. Problemformuleringen som denna studie vilar på är diskrimineringen som romer utsätts för i EU. Syftet med denna studie är att genomföra en policy analys av EU:s ramverk med målet att avslöja på vilka sätt policyn syftar till att bekämpa diskriminering av Romer och främja jämställdhet. Teorin bygger på principen om jämlikhet, vilket hjälper till att undersöka de konkreta sätten som diskriminering kan bekämpas på med rätten till jämlik behandling i mänskliga rättigheters kontext. Denna studie är en kvalitativ fallstudie av Romer i kombination med policy analys av EU:s ramverk. Resultatet visar att EU:s ramverk inte genererar en omfattande jämställdhetsprincip som är tillräcklig för att förebygga och bekämpa diskriminering av Romer. EU:s ramverk konkretiserar inte olika former av diskriminering som romer upplever i sina dagliga liv. Policyn behandlar inte heller fenomenet anti-ziganism som ett huvudhinder för inkluderingen av romer.
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Scott, Amanda Lynn. "Stereotypes about victims how what we think we know about others impacts our legal judgments /." Connect to resource, 2005. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1124219029.
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Thesis (Ph. D.)--Ohio State University, 2005.<br>Title from first page of PDF file. Document formatted into pages; contains ix, 104 p.; also includes graphics (some col.). Includes bibliographical references (p. 83-87). Available online via OhioLINK's ETD Center
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Sato-Nilsson, Maja. "Japan and the Convention on the Elimination of All Forms of Discrimination against Women: Implementation and Enforcement pertaining to Sex Discrimination in the Labour Market." Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-175429.
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The present study examines the status of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in Japan, with due regard to the status of treaties in general as sources of rights and obligations in the country. Further, the study aims to ascertain whether the said Convention has been properly implemented and enforced, and to demonstrate obstacles causing deficiencies and shortcomings in regards to combating discrimination against women in the labour market. In theory, treaties enjoy a high status in Japan, however, human rights treaties are rarely directly applied by the courts. Although certain legislative reforms have been undertaken to bring domestic law into harmony with the CEDAW, the Convention has had a limited impact. The domestic legislation fails to prohibit all forms of discrimination against women and the prohibitions, as well as the statistical targets for female representation, lack the backing of an effective enforcement mechanism. Additionally, the Japanese judiciary has been reluctant to accept arguments based on the CEDAW and, so far, no litigants have prevailed explicitly on the grounds of the Convention. The vague wording of the CEDAW makes the provisions easy to circumvent, which stresses the importance of bridging discrepancies between the treaty rules and domestic law. Finally, the Government of Japan needs a more comprehensive approach in addressing the issue of sex discrimination in the labour market, which includes working proactively to modify discriminatory practices and stereotypes.