International Journal of Discrimination and the Law最新文献

{"title":"Hate crime and racial discrimination in Ecuador: The case of Michael Arce in ESMIL","authors":"Rocío Elizabeth Vera Santos","doi":"10.1177/13582291211002972","DOIUrl":"https://doi.org/10.1177/13582291211002972","url":null,"abstract":"For the first time in Ecuador a hate crime was tried in court and led to a conviction. This was the case of Michael Arce, a young Afro-Ecuadorian former cadet who won the trial against Captain Fernando Encalada of the Eloy Alfaro Military School (ESMIL). ESMIL belongs to the Ecuadorian Armed Forces, a state institution considered to be of great prestige and a guarantor of citizens’ rights and democracy, but not for all. Arce suffered in ESMIL 2 months of humiliation and torture. Through a socio-legal analysis this article demonstrates the normalization of racial stereotypes and prejudices, and the sometimes subtle existence of structural and institutional racism in the education and judicial systems. This case represents a pioneering judicial action in Ecuador that legally established and defined new pretrial and trial proceedings in regard to litigation concerning violation of human rights, racial discrimination and hate crimes.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"117 - 138"},"PeriodicalIF":1.1,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211002972","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41344007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Untangling discrimination in the private sector workplace in South Africa: Paving the way for Black African women progression to managerial positions","authors":"M. Matotoka, K. Odeku","doi":"10.1177/1358229121990569","DOIUrl":"https://doi.org/10.1177/1358229121990569","url":null,"abstract":"Black African women in South Africa are poorly represented at managerial levels in the South African private sector since the advent of democracy. Their exclusion at these occupational levels persists despite the Employment Equity Act 55 of 1998 (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. The South African private sector demonstrates its lack of commitment to proliferating black African women into managerial positions by deliberately engaging in race-based recruitment and failing to develop and promote suitably qualified women into managerial positions. As such, the private sector is failing to create upward mobility for black African women to break the glass ceiling. The EEA requires the private sector to apply affirmative action measures in order to achieve equity in the workplace. It is submitted that since 1998, the private sector has been provided with an opportunity to set it own targets in order to achieve equity. However, 22 years later, black African women are still excluded in key managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets.This approach has failed to increase the representation of black women in managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets. Whilst this approach seeks to afford the private sector importunity to set its own target, this approach has failed to increase the representation of black women in managerial positions. Employing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. This paper seeks to show that the progression of black African women requires South Africa to adopt a quota system without flexibility that will result in the private sector being compelled to appoint suitably qualified black African women in managerial levels.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"47 - 71"},"PeriodicalIF":1.1,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229121990569","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47163435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial Spring 2021","authors":"Eesha Agarwal, Sameed Sayeed","doi":"10.1177/1358229121998104","DOIUrl":"https://doi.org/10.1177/1358229121998104","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"3 - 4"},"PeriodicalIF":1.1,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229121998104","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42307458","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Exclusion of Extreme Jurors and Minority Representation: The Effect of Jury Selection Procedures","authors":"Andrea Moro, Martin Van der Linden","doi":"10.2139/ssrn.3784830","DOIUrl":"https://doi.org/10.2139/ssrn.3784830","url":null,"abstract":"We compare two established jury selection procedures meant to safeguard against the inclusion of biased jurors, that are also perceived as causing minorities to be under-represented in juries. The Strike and Replace procedure presents potential jurors one-by-one to the parties, while the Struck procedure presents all potential jurors before the parties exercise vetoes. In equilibrium, Struck more effectively excludes extreme jurors than Strike and Replace but leads to a worse representation of minorities. Simulations suggest that the advantage of Struck in terms of excluding extremes is sizable in a wide range of cases. In contrast, Strike and Replace only provides a significantly better representation of minorities if the minority and majority are heavily polarized. The size of these effects quantitatively depends on parameters. When parameters are estimated to match the parties’ selection of jurors by race with jury-selection data from Mississippi in trials against black defendants, the procedures’ outcomes are substantially different, and the size of the trade-off between objectives can be quantitatively evaluated.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"35 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2021-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89579409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Are laws the appropriate solution: The need to adopt non-policy measures in aid of the implementation of sex discrimination laws in Nigeria","authors":"Onyeka C Okongwu","doi":"10.1177/1358229120978915","DOIUrl":"https://doi.org/10.1177/1358229120978915","url":null,"abstract":"Gender inequality is a social problem facing women all over the world and is a barrier to human development. The United Nations commits to achieving gender equality and empowering women and girls and have adopted the Sustainable Development Goals to achieve gender equality by 2030. Nigeria, a Member State of the United Nations has ratified international and regional instruments which advocate for the protection and promotion of the rights of women and girls. Though some progress has been made to reduce inequality, discrimination remains a problem to women and is exacerbated by factors such as culture, religion, social practices and discriminatory laws. This study seeks to add to the discourse on gender inequality in Nigeria and examine the effectiveness of available domestic and international provisions against sex discrimination when considered against ingrained cultural attitudes, beliefs and discriminatory laws. The study found that among other determinants, culture and religion were constant features in the different forms of discrimination Nigerian women face and they were the primary reasons the proposals to pass gender equality laws were opposed and failed. The study proposes the need to adopt non-policy measures such as education and awareness-raising as additional measures to eliminating discrimination and promoting equality.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"26 - 46"},"PeriodicalIF":1.1,"publicationDate":"2020-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120978915","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41866121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The case for treating violence against women as a form of sex discrimination in India","authors":"A. Agarwal","doi":"10.1177/1358229120978865","DOIUrl":"https://doi.org/10.1177/1358229120978865","url":null,"abstract":"Violence against women (VAW) is rampant in India, and rising every year. However, Indian laws are geared towards punishing individual instances of such violence, instead of attempting to eradicate the problem itself. This is owed in part to the incomplete understanding of the causes and effects of such violence. Here, I advance a feminist understanding of VAW, wherein it is seen as a result of gendered prejudices designed to keep women in subordination. I show that international human rights law now endorses this feminist understanding, and trace the evolving understanding of equality in Indian courts to argue that given its current understanding as substantive equality, VAW can and should be seen as a form of sex discrimination due the cycle of disadvantage it creates for women. I critically analyse several decisions by Indian courts that show a move towards acceptance of VAW as a form of sex discrimination, and point to the limitations of these decisions. Finally, I propose various ways in which envisaging VAW as a form of sex discrimination would lead to a better framework of laws for not only countering such violence, but also eradicating it.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"5 - 25"},"PeriodicalIF":1.1,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120978865","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42251224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Palliation or protection: How should the right to equality inform the government’s response to Covid-19?","authors":"Meghan Campbell, S. Fredman, A. Reeves","doi":"10.1177/1358229120969611","DOIUrl":"https://doi.org/10.1177/1358229120969611","url":null,"abstract":"This article examines what role equality law can play in addressing the inequalities created and exacerbated by the British government’s response to the Covid-19 pandemic. We argue that while there is great potential in existing legislation, there is a need for both policy-makers and courts to apply a more searching and nuanced understanding of the right to equality if this potential is to be realised. We begin by examining how the burdens of confronting this pandemic as a society fall more heavily on those already at the bottom end of the scale of inequality. We then ask whether and to what extent the current legal structures protecting the right to equality can be mobilised to redress such inequalities, paying particular attention to the Public Sector Equality Duty under the Equality Act 2010 and on the Human Rights Act 1998. Finally, we argue that, to fulfil the requirements of both these legal duties, the courts should subject policies and practices to close scrutiny under the four-dimensional approach. When making and operationalising policies around Covid-19, substantive equality requires account to be taken simultaneously of the four dimensions of inequality to the greatest extent possible.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"183 - 202"},"PeriodicalIF":1.1,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120969611","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44099204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Panoramic Examination of The Operation of The National Industrial Court and Its Impact on The Nigerian Court System","authors":"Ayowole Olotupa-Adetona","doi":"10.2139/ssrn.3792269","DOIUrl":"https://doi.org/10.2139/ssrn.3792269","url":null,"abstract":"The mode of handling workers’ rights is a major determinant in how progressive or otherwise an entity would be. Undoubtedly, a progressive economy would be characterized by highly productive workers with properly guaranteed rights and welfare. On the other hand, a regressive economy is an indication of an unproductive workforce. In realization of the weight of workers right and welfare on a nation’s productivity, the National Industrial Court was set up in Nigeria in 1976, as a special court to cater for workers’ rights, labour disputes, and other connected matters. This work delves into the details of the history and evolvement of the National Industrial Court, Its Jurisdiction, powers, practice and procedure. The aim of the work is to shed enough light on the operations and workings of the court and to make recommendations on how to improve any lacuna thereof.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"24 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2020-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80136774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protecting women from violence through legislation in Nigeria: Need to enforce anti-discrimination laws","authors":"Grace Ayodele Arowolo","doi":"10.1177/1358229120971953","DOIUrl":"https://doi.org/10.1177/1358229120971953","url":null,"abstract":"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.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"245 - 288"},"PeriodicalIF":1.1,"publicationDate":"2020-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120971953","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48143660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal empowerment as a tool for engendering access to justice in South Africa","authors":"E. Durojaye, G. Mirugi-Mukundi, O. Adeniyi","doi":"10.1177/1358229120969602","DOIUrl":"https://doi.org/10.1177/1358229120969602","url":null,"abstract":"This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human rights imperative under international and regional human rights instrument. It then discusses barriers to access to justice for women. It argues that while access to justice remains a challenge for many vulnerable and marginalised groups, women particularly encounter serious barriers to access to justice in society. Furthermore, it discusses the notion of legal empowerment and the significance of this for the realisation of access to justice for vulnerable groups, especially women in disadvantaged communities. This is followed by the discussion on the experience of the Dullah Omar Institute in providing legal empowerment training for women in informal settlements in Cape Town and some of the, important lessons from this process. It concludes by making useful recommendations in ensuring access to justice for vulnerable women in informal settlements.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"224 - 244"},"PeriodicalIF":1.1,"publicationDate":"2020-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120969602","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47880773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}