Pub Date : 2020-11-04DOI: 10.1177/1358229120970142
Julia SlothNielsen, Rachel SlothNielsen
The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well arise in South Africa, our country of origin. The first part of the discussion relates to a claim of a trans man who gave birth to be registered as the father of the child. The legal situation in South Africa and the United Kingdom is compared, and particular focus is placed on the meaning of ‘mother’. A second issue for discussion relates to the right of the child born to a trans person to birth registration, notably, what the child’s interests are in relation to his or her parent’s identification details on his or her birth certificate. We conclude that the gender identity of the trans parent must be the primary factor determining his or her registration as a parent on the birth certificate, and that this solution also better serves the child’s best interests.
{"title":"Mothers and others: Transgender birth, birth registration and the rights of the child, with a focus on the United Kingdom and South Africa","authors":"Julia SlothNielsen, Rachel SlothNielsen","doi":"10.1177/1358229120970142","DOIUrl":"https://doi.org/10.1177/1358229120970142","url":null,"abstract":"The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well arise in South Africa, our country of origin. The first part of the discussion relates to a claim of a trans man who gave birth to be registered as the father of the child. The legal situation in South Africa and the United Kingdom is compared, and particular focus is placed on the meaning of ‘mother’. A second issue for discussion relates to the right of the child born to a trans person to birth registration, notably, what the child’s interests are in relation to his or her parent’s identification details on his or her birth certificate. We conclude that the gender identity of the trans parent must be the primary factor determining his or her registration as a parent on the birth certificate, and that this solution also better serves the child’s best interests.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"203 - 223"},"PeriodicalIF":1.1,"publicationDate":"2020-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120970142","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44598631","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}
This paper examines the long-term effect of a historical public crime, namely lynching, against Black offenders in the U.S. during the 19th and 20th centuries on the current local rates of intergenerational mobility of Black people. I find that higher historical lynching activity exerts a negative effect on the current economic opportunities of Blacks, potentially through racism and hatred. I corroborate this by instrumenting lynching with the local historical railway and population expansion. The results do not hold for Whites, Hispanics, Asians, and Native Americans, and are valid to a large set of robustness checks.
{"title":"Historical Public Crime and Intergenerational Mobility of Blacks: Evidence from Lynching Activity in the US South","authors":"Sotiris Kampanelis","doi":"10.2139/ssrn.3722357","DOIUrl":"https://doi.org/10.2139/ssrn.3722357","url":null,"abstract":"This paper examines the long-term effect of a historical public crime, namely lynching, against Black offenders in the U.S. during the 19th and 20th centuries on the current local rates of intergenerational mobility of Black people. I find that higher historical lynching activity exerts a negative effect on the current economic opportunities of Blacks, potentially through racism and hatred. I corroborate this by instrumenting lynching with the local historical railway and population expansion. The results do not hold for Whites, Hispanics, Asians, and Native Americans, and are valid to a large set of robustness checks.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"109 5 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90232289","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}
Income Share Agreements (ISAs) have been touted as a solution to the recent staggering increases in student debt. That debt crisis is a civil rights crisis. On average, Black Americans have more student debt, which they face against a backdrop of stark disparities in wealth, income, and related metrics. Although the U.S. is desperately in need of solutions for the student debt crisis — and the accompanying racial and ethnic disparities — features of existing ISAs threaten to exacerbate, not mitigate, inequalities.
ISAs are essentially educational loans that students agree to pay back using a percentage of their future income. ISAs come in a variety of forms — including differences in terms and conditions, the parties offering them, and the quality and types of educational programs funded. In the abstract, these arrangements could be an interesting alternative to the existing student loan regime. However, while existing programs are not equal in terms of benefits and risks, there is evidence that some variations of ISAs are being used to further new iterations of a classic American tragedy: targeting minority communities for exploitative and predatory products. And even in the more benign forms of ISAs, some features used to set terms and conditions — such as school- or major-based distinctions — risk unnecessarily perpetuating disparities adverse to historically underserved groups.
This article assesses ISAs under core anti-discrimination frameworks such as traditional disparate treatment and impact, as well as reverse redlining. Although this article focuses on the Equal Credit Opportunity Act (ECOA) — the primary federal statute prohibiting discrimination in credit transactions — it also highlights other anti-discrimination statutes that may apply to ISAs, including state and local fair lending and public accommodations laws.
{"title":"Solving Student Debt or Compounding the Crisis? Income Share Agreements and Fair Lending Risks","authors":"Stephen Hayes, A. Milton","doi":"10.2139/ssrn.3661698","DOIUrl":"https://doi.org/10.2139/ssrn.3661698","url":null,"abstract":"Income Share Agreements (ISAs) have been touted as a solution to the recent staggering increases in student debt. That debt crisis is a civil rights crisis. On average, Black Americans have more student debt, which they face against a backdrop of stark disparities in wealth, income, and related metrics. Although the U.S. is desperately in need of solutions for the student debt crisis — and the accompanying racial and ethnic disparities — features of existing ISAs threaten to exacerbate, not mitigate, inequalities. <br><br>ISAs are essentially educational loans that students agree to pay back using a percentage of their future income. ISAs come in a variety of forms — including differences in terms and conditions, the parties offering them, and the quality and types of educational programs funded. In the abstract, these arrangements could be an interesting alternative to the existing student loan regime. However, while existing programs are not equal in terms of benefits and risks, there is evidence that some variations of ISAs are being used to further new iterations of a classic American tragedy: targeting minority communities for exploitative and predatory products. And even in the more benign forms of ISAs, some features used to set terms and conditions — such as school- or major-based distinctions — risk unnecessarily perpetuating disparities adverse to historically underserved groups. <br><br>This article assesses ISAs under core anti-discrimination frameworks such as traditional disparate treatment and impact, as well as reverse redlining. Although this article focuses on the Equal Credit Opportunity Act (ECOA) — the primary federal statute prohibiting discrimination in credit transactions — it also highlights other anti-discrimination statutes that may apply to ISAs, including state and local fair lending and public accommodations laws.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"74 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2020-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85780438","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}
On June 15, 2020, the Supreme Court of the United States ruled that Title VII of the Civil Rights Act prohibits discrimination on the basis of sexual orientation and gender identity. Title VII explicitly prohibits discrimination on the basis of sex, and the Supreme Court explained that one cannot discriminate on the basis of sexual orientation and gender identity without discriminating on the basis of sex. This ruling will have implications on workplaces across the country, particularly those in states previously without those protections. This article discusses the three cases decided by the Supreme Court, summarizes the Supreme Court’s opinion, and provides implications for employers and employees across the United States.
{"title":"Title VII Now Protects LGBTQ Employees: Where Employers Go from Here","authors":"Anthony L. McMullen, Nicholas Williams","doi":"10.2139/ssrn.3655914","DOIUrl":"https://doi.org/10.2139/ssrn.3655914","url":null,"abstract":"On June 15, 2020, the Supreme Court of the United States ruled that Title VII of the Civil Rights Act prohibits discrimination on the basis of sexual orientation and gender identity. Title VII explicitly prohibits discrimination on the basis of sex, and the Supreme Court explained that one cannot discriminate on the basis of sexual orientation and gender identity without discriminating on the basis of sex. This ruling will have implications on workplaces across the country, particularly those in states previously without those protections. This article discusses the three cases decided by the Supreme Court, summarizes the Supreme Court’s opinion, and provides implications for employers and employees across the United States.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"434 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2020-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76599577","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}
Pub Date : 2020-06-01DOI: 10.1177/1358229120962700
G. Nicolis, S. Vannitsem
{"title":"Editorial","authors":"G. Nicolis, S. Vannitsem","doi":"10.1177/1358229120962700","DOIUrl":"https://doi.org/10.1177/1358229120962700","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"113 - 114"},"PeriodicalIF":1.1,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120962700","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49567967","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}
Pub Date : 2020-06-01DOI: 10.1177/1358229120948691
J. Mubangizi, Ines Kajiru
Although all human beings are vulnerable, some are more vulnerable than others, for example, people with albinism. Similarly, although albinism occurs in all parts of the world, it is more prevalent in some societies than in others. For example, Tanzania, in common with other countries in sub-Saharan Africa, has a high prevalence of albinism. Apart from being subjected to blatant discrimination and abuse, people with albinism suffer atrocious attacks sometimes resulting in death. This paper explores the nature and extent of discrimination and human rights violations of people with albinism in Tanzania in the context of the relevant legal framework available for their protection. Using people with albinism in Tanzania as a proxy, the paper argues that there is a need for human rights education not only to empower vulnerable people to defend and protect their rights but also to sensitize societies to respect and not violate the rights of such people. The paper concludes with several recommendations that apply to people with albinism in Tanzania as much as they would apply to any vulnerable group anywhere else in the world.
{"title":"Human rights education and the plight of vulnerable groups with specific reference to people with albinism in Tanzania","authors":"J. Mubangizi, Ines Kajiru","doi":"10.1177/1358229120948691","DOIUrl":"https://doi.org/10.1177/1358229120948691","url":null,"abstract":"Although all human beings are vulnerable, some are more vulnerable than others, for example, people with albinism. Similarly, although albinism occurs in all parts of the world, it is more prevalent in some societies than in others. For example, Tanzania, in common with other countries in sub-Saharan Africa, has a high prevalence of albinism. Apart from being subjected to blatant discrimination and abuse, people with albinism suffer atrocious attacks sometimes resulting in death. This paper explores the nature and extent of discrimination and human rights violations of people with albinism in Tanzania in the context of the relevant legal framework available for their protection. Using people with albinism in Tanzania as a proxy, the paper argues that there is a need for human rights education not only to empower vulnerable people to defend and protect their rights but also to sensitize societies to respect and not violate the rights of such people. The paper concludes with several recommendations that apply to people with albinism in Tanzania as much as they would apply to any vulnerable group anywhere else in the world.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"137 - 155"},"PeriodicalIF":1.1,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120948691","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41378685","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}
Pub Date : 2020-06-01DOI: 10.1177/1358229120938650
J. Poesche
The objective of this article is to make the case horizontally that the intertwined legal compliance and corporate social responsibility (CSR) abet enduring coloniality in settler colonial states. The focus is on Indigenous nations and settler colonial states in the Americas. There are three key contributions. First, the jurisprudential, managerial, philosophical and political foundations of CSR are of Occidental extraction therefore making CSR susceptible to being a tool of coloniality directed against Indigenous nations. Second, CSR is constrained by compliance with Occidental jurisprudence. Third, firms’ compliance with Indigenous nations’ cosmovisions can be best safeguarded by legal pluralism-based compliance as this entails court-imposed coercive enforcement. CSR is not part of the solution; CSR is part of the problem.
{"title":"Coloniality of corporate social responsibility","authors":"J. Poesche","doi":"10.1177/1358229120938650","DOIUrl":"https://doi.org/10.1177/1358229120938650","url":null,"abstract":"The objective of this article is to make the case horizontally that the intertwined legal compliance and corporate social responsibility (CSR) abet enduring coloniality in settler colonial states. The focus is on Indigenous nations and settler colonial states in the Americas. There are three key contributions. First, the jurisprudential, managerial, philosophical and political foundations of CSR are of Occidental extraction therefore making CSR susceptible to being a tool of coloniality directed against Indigenous nations. Second, CSR is constrained by compliance with Occidental jurisprudence. Third, firms’ compliance with Indigenous nations’ cosmovisions can be best safeguarded by legal pluralism-based compliance as this entails court-imposed coercive enforcement. CSR is not part of the solution; CSR is part of the problem.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"115 - 136"},"PeriodicalIF":1.1,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120938650","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47797028","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}
Pub Date : 2020-06-01DOI: 10.1177/1358229120956497
J. D. Mujuzi
Discrimination is prohibited in different provisions of the 2003 Constitution of Rwanda (the Constitution), in different pieces of legislation and in international and regional human rights treaties ratified by Rwanda. According to the 2003 Constitution, one of the fundamental principles which have to be upheld by the State is the ‘eradication of discrimination and divisionism based on ethnicity, region or on any other ground as well as promotion of national unity’. Article 15 of the Constitution provides for equality before the law and Article 16 of the Constitution prohibits discrimination and it provides for the grounds on which a person shall not be discriminated against. Rwanda is also one of the very few African countries whose constitutions criminalise discrimination and different laws have been enacted to deal with the offence of discrimination. The Supreme Court of Rwanda, the highest court in the country, has handed down decisions on Articles 15 and 16 of the Constitution. The purpose of this article is to analyse these decisions and illustrate how the Supreme Court has dealt with the issues such as the definition of discrimination and the difference between discrimination and differentiation. The author also discusses the issues that the Rwandan judiciary and prosecutors are likely to face when dealing with the offence of discrimination.
{"title":"The right to freedom from discrimination in Rwanda","authors":"J. D. Mujuzi","doi":"10.1177/1358229120956497","DOIUrl":"https://doi.org/10.1177/1358229120956497","url":null,"abstract":"Discrimination is prohibited in different provisions of the 2003 Constitution of Rwanda (the Constitution), in different pieces of legislation and in international and regional human rights treaties ratified by Rwanda. According to the 2003 Constitution, one of the fundamental principles which have to be upheld by the State is the ‘eradication of discrimination and divisionism based on ethnicity, region or on any other ground as well as promotion of national unity’. Article 15 of the Constitution provides for equality before the law and Article 16 of the Constitution prohibits discrimination and it provides for the grounds on which a person shall not be discriminated against. Rwanda is also one of the very few African countries whose constitutions criminalise discrimination and different laws have been enacted to deal with the offence of discrimination. The Supreme Court of Rwanda, the highest court in the country, has handed down decisions on Articles 15 and 16 of the Constitution. The purpose of this article is to analyse these decisions and illustrate how the Supreme Court has dealt with the issues such as the definition of discrimination and the difference between discrimination and differentiation. The author also discusses the issues that the Rwandan judiciary and prosecutors are likely to face when dealing with the offence of discrimination.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"156 - 180"},"PeriodicalIF":1.1,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120956497","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49451548","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}
Pub Date : 2020-03-01DOI: 10.1177/1358229120932539
Cathérine Van de Graaf
{"title":"Editorial","authors":"Cathérine Van de Graaf","doi":"10.1177/1358229120932539","DOIUrl":"https://doi.org/10.1177/1358229120932539","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"3 - 4"},"PeriodicalIF":1.1,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120932539","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47937902","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}
Pub Date : 2020-03-01DOI: 10.1177/1358229120927904
Z. Khamzina, Y. Buribayev, Y. Yermukanov, A. Alshurazova
International ratings confirm that Kazakhstan is a leader in Central Asia in addressing the causes of gender inequality; however, there are still significant gender differences in key areas. In particular, gender discrimination in the labor market is complex: when hiring or dismissing, while restricting access to certain professions and positions, in matters of promotion and career growth, when remuneration is paid for performing the same work, not related to differences in labor efficiency. Discrimination is especially sensitive in relation to pregnant women and women with young children. Discrimination continues with access to social measures for avoiding poverty and in the pension system. Further progress requires more strategically significant and focused actions to identify and bridge the remaining factors of systemic discrimination and gender gaps. In the article, we show the insufficient attention of the legal science of Kazakhstan to the problems of regulation of equality. We present the author’s methodology for analyzing labor and social legislation from the perspective of regulating gender equality, consisting of several assessments: Kazakhstan’s fulfillment of international obligations; implementation of the principle of nondiscrimination in labor and social legislation; administrative and judicial mechanisms to protect against discrimination based on sex; and opportunities for implementing best foreign and international practices for the regulation of equality.
{"title":"Is it possible to achieve gender equality in Kazakhstan: Focus on employment and social protection","authors":"Z. Khamzina, Y. Buribayev, Y. Yermukanov, A. Alshurazova","doi":"10.1177/1358229120927904","DOIUrl":"https://doi.org/10.1177/1358229120927904","url":null,"abstract":"International ratings confirm that Kazakhstan is a leader in Central Asia in addressing the causes of gender inequality; however, there are still significant gender differences in key areas. In particular, gender discrimination in the labor market is complex: when hiring or dismissing, while restricting access to certain professions and positions, in matters of promotion and career growth, when remuneration is paid for performing the same work, not related to differences in labor efficiency. Discrimination is especially sensitive in relation to pregnant women and women with young children. Discrimination continues with access to social measures for avoiding poverty and in the pension system. Further progress requires more strategically significant and focused actions to identify and bridge the remaining factors of systemic discrimination and gender gaps. In the article, we show the insufficient attention of the legal science of Kazakhstan to the problems of regulation of equality. We present the author’s methodology for analyzing labor and social legislation from the perspective of regulating gender equality, consisting of several assessments: Kazakhstan’s fulfillment of international obligations; implementation of the principle of nondiscrimination in labor and social legislation; administrative and judicial mechanisms to protect against discrimination based on sex; and opportunities for implementing best foreign and international practices for the regulation of equality.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"20 1","pages":"20 - 5"},"PeriodicalIF":1.1,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1358229120927904","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41776827","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}
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