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International Journal of Discrimination and the Law最新文献

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Access to justice for Nigerian women: A veritable tool to achieving sustainable development 尼日利亚妇女诉诸司法:实现可持续发展的真正工具
IF 1.1 Q2 Social Sciences Pub Date : 2021-09-17 DOI: 10.1177/13582291211043418
Olaitan O Olusegun, Olatunji S Oyelade
Access to justice promotes the achievement of sustainable development as it promotes the participation of citizens of a country, reduces poverty, increases the productivity of persons and strengthens the peace and development of nations. In Nigeria, however, most women are deprived of justice in several ways. Using the doctrinal method of study, this article examines the concept of access to justice and its importance to the achievement of sustainable development in Nigeria. Sustainable Development Goals (SDGs) five and 16 are discussed as well as the various ways in which women are deprived of justice and barriers to such access. The study discovers that women have limited access to justice as a result of challenges plaguing Nigeria’s justice system. The study concludes that urgent steps must be taken to solve these challenges so that the SDGs will stand a better chance of being achieved by 2030.
诉诸司法可以促进实现可持续发展,因为它促进一个国家公民的参与,减少贫困,提高人民的生产力,并加强各国的和平与发展。然而,在尼日利亚,大多数妇女在几个方面被剥夺了正义。本文采用理论研究方法,考察了诉诸司法的概念及其对尼日利亚实现可持续发展的重要性。讨论了可持续发展目标(sdg) 5和16,以及妇女被剥夺正义的各种方式和获得正义的障碍。该研究发现,由于尼日利亚司法系统面临诸多挑战,妇女获得司法救助的机会有限。该研究的结论是,必须采取紧急措施解决这些挑战,以便到2030年实现可持续发展目标的机会更大。
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引用次数: 8
The Role of Law and Myth in Creating a Workplace that 'Looks Like America' 法律和神话在创造一个“看起来像美国”的工作场所中的作用
IF 1.1 Q2 Social Sciences Pub Date : 2021-09-15 DOI: 10.2139/ssrn.3924718
Susan Bisom-Rapp
Equal employment opportunity (EEO) law has played a poor role in incentivizing effective diversity, equity, and inclusion (DEI) and harassment prevention programming. In litigation and investigation, too many judges and regulators credit employers for maintaining policies and programs rather than requiring that employers embrace efforts that work. Likewise, many employers and consultants fail to consider the organizational effects created by DEI and harassment programming. Willful blindness prevents the admission that some policies and programming, although not all, harm those most in need of protection. This approach has resulted in two problems. One is a doctrinal dilemma because important presumptions embedded in anti-discrimination law are tethered to employer practices, many of which do not promote EEO. Simultaneously, society faces an organizational predicament because employer practices are driven by unexamined myths about how to achieve bias and harassment-free environments. Neo-institutional theory explains how this form-over-substance approach to EEO law and practice began and has evolved. This article argues that favorable conditions exist for a shift from a cosmetic to an evidence-based approach to legal compliance. Three developments mark the way forward: 1) a pathbreaking Equal Employment Opportunity Commission (EEOC) report; 2) the EEOC’s call for better research on DEI and harassment prevention program efficacy; and 3) new social science research on those organizational efforts most likely to succeed and those most likely to prompt backlash. To facilitate evidence-based EEO compliance, this article advocates changes in liability standards. Also recommended is the creation of a supervised research safe harbor for employers willing to work with researchers and regulators to assess and continuously improve their DEI and harassment prevention efforts. Finally, the article suggests lawyers more frequently employ Brandeis briefs in litigation to place social science research directly in front of jurists. Solving the twin problems wrought by cosmetic compliance requires taking seriously the findings of social scientists. An evidence-based approach to DEI and harassment prevention would assist in restoring the promise of EEO law to create healthy, diverse, and bias free American workplaces.
平等就业机会法(EEO)在激励有效的多元化、公平和包容(DEI)和骚扰预防规划方面发挥了较差的作用。在诉讼和调查中,太多的法官和监管机构赞扬雇主维持政策和项目,而不是要求雇主接受有效的努力。同样,许多雇主和顾问没有考虑到DEI和骚扰程序所产生的组织效应。故意视而不见阻止人们承认一些政策和规划,尽管不是全部,伤害了那些最需要保护的人。这种方法导致了两个问题。一个是理论上的困境,因为反歧视法中嵌入的重要假设与雇主的做法有关,其中许多做法并不提倡平等就业机会。与此同时,社会面临着组织困境,因为雇主的做法是由关于如何实现无偏见和无骚扰环境的未经检验的神话所驱动的。新制度理论解释了这种形式重于实质的平等就业机会法律和实践方法是如何开始和演变的。本文认为,有利的条件是存在的转变,从一个表面的循证方法,以法律合规。三项发展标志着前进的道路:1)一份开创性的平等就业机会委员会(EEOC)报告;2)平等就业机会委员会呼吁加强对DEI和骚扰预防项目效果的研究;3)对那些最有可能成功和最有可能引发反弹的组织努力进行新的社会科学研究。为了促进基于证据的平等就业机会遵守,本文主张改变责任标准。还建议建立一个受监督的研究安全港,供愿意与研究人员和监管机构合作的雇主评估并不断改进其DEI和骚扰预防工作。最后,文章建议律师在诉讼中更频繁地使用布兰代斯简报,将社会科学研究直接摆在法学家面前。要解决因遵守化妆品规定而造成的双重问题,需要认真对待社会科学家的发现。以证据为基础的就业机会和骚扰预防方法将有助于恢复平等就业机会法的承诺,创造健康、多样化和无偏见的美国工作场所。
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引用次数: 0
Religious freedom and the right against religious discrimination: Democracy as the missing link 宗教自由与反对宗教歧视的权利:民主是缺失的一环
IF 1.1 Q2 Social Sciences Pub Date : 2021-09-06 DOI: 10.1177/13582291211043421
M. Hunter-Henin
The article puts forward a novel democratic framework to rethink the relationships between religious freedom and religious discrimination. First, it makes a case for a unifying normative basis for all religious interests grounded in a democratic framework, which emphasises the dual dimension of religious interests, both as negative rights protecting individual autonomy against interferences as well as positive rights of participation. Second, it builds upon this democratic framework to revisit the relationships between discrimination law and religious freedom and guard against trends to subject discrimination law claims to preliminary (higher) thresholds. Third, the article examines how contextual balancing exercises between competing interests should (and to a large extent have) become a key unifying feature of both routes and draws from the democratic framework insights as to how these balancing exercises should be carried out.
本文提出了一个新的民主框架来重新思考宗教自由与宗教歧视之间的关系。首先,它为建立在民主框架基础上的所有宗教利益提供了统一的规范基础,强调宗教利益的双重层面,既是保护个人自治不受干涉的消极权利,也是积极参与的权利。其次,它建立在这一民主框架的基础上,重新审视反歧视法与宗教自由之间的关系,并防范将反歧视法主张置于初步(更高)门槛的趋势。第三,本文考察了相互竞争的利益之间的背景平衡如何应该(并且在很大程度上已经)成为两种路线的关键统一特征,并从民主框架中得出了如何进行这些平衡练习的见解。
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引用次数: 0
Institutional vulnerabilities, COVID-19, resilience mechanisms and societal relationships in developing countries 发展中国家的体制脆弱性、2019冠状病毒病、复原机制和社会关系
IF 1.1 Q2 Social Sciences Pub Date : 2021-09-01 DOI: 10.1177/13582291211031381
Maria Kiwanuka
In this article the author submits that COVID-19 pandemic challenges could be utilised as an opportunity to reform government institutions to develop resilience measures that would potentially meet contemporary and future challenges. It will highlight that the current approach of institutions has failed to meet societal need. It focuses on developing countries, particularly the continent of Africa, drawing on results from a qualitative study of a justice institution of Uganda as a case study that explored how institutions coped to maintain societal relationship during the pandemic. Results suggested that, despite the pandemic challenges, institutions suffer epistemic issues that require critical examination for states to develop policies that would facilitate institutional reform to gain resilience mechanisms needed to meet contemporary and future societal challenges. A vulnerability theoretical framework is introduced and suggested as the remedy.
在这篇文章中,作者提出,新冠肺炎疫情挑战可以作为改革政府机构的机会,制定有可能应对当代和未来挑战的复原措施。它将强调,目前机构的做法未能满足社会需求。它以发展中国家,特别是非洲大陆为重点,借鉴了乌干达一家司法机构的定性研究结果,作为一项个案研究,探讨了各机构如何在疫情期间维持社会关系。结果表明,尽管面临疫情挑战,但机构仍面临认知问题,需要对各国进行批判性审查,以制定有助于机构改革的政策,从而获得应对当代和未来社会挑战所需的韧性机制。引入了一个脆弱性理论框架,并提出了补救措施。
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引用次数: 5
Populations, Pandemics, and Politics 人口、流行病和政治
IF 1.1 Q2 Social Sciences Pub Date : 2021-09-01 DOI: 10.1177/13582291211042212
M. Fineman
Discussions about social justice and governmental responsibility are often framed in abstract terms, referencing aspirational concepts such as “equality” or “autonomy.” While this is particularly evident in law, grand narratives also shape policies related to public health and welfare, as well as many other areas that overlap with law. Of specific interest in the context of this collection is the idealized rendition of the body that permeates these grand narratives. In law, as well as in political theory, philosophy, economics, and ethics, the body is abstracted to the point that its material realities and their implications for social policy can be conveniently ignored. The pandemic has disrupted, even discredited, dominant political narratives, which minimized or ridiculed the need for safety nets and other social welfare policies. COVID-19 has forced a consideration of the inescapably and uncomfortably concrete into public consciousness, opening up the possibility for a revisioning of our thinking about both individual and societal requirements and responsibilities. Fortunately, vulnerability theory presents a constructive and needed alternative to the traditional paradigm for thinking about the nature of the state and its social institutions and relationships in this post-pandemic reality.
关于社会正义和政府责任的讨论通常是抽象的,引用诸如“平等”或“自治”等理想概念。虽然这在法律上尤为明显,但宏大叙事也会影响与公共卫生和福利相关的政策,以及与法律重叠的许多其他领域。在这个系列的背景下,特别有趣的是渗透在这些宏大叙事中的身体的理想化演绎。在法律中,以及在政治理论、哲学、经济学和伦理学中,身体是抽象的,以至于它的物质现实及其对社会政策的影响可以被方便地忽略。这场大流行病扰乱了、甚至使主流政治叙事失去了信誉,这些叙事淡化或嘲笑了安全网和其他社会福利政策的必要性。2019冠状病毒病迫使公众意识考虑到不可避免的、令人不安的具体情况,为我们重新思考个人和社会的要求和责任提供了可能性。幸运的是,脆弱性理论提供了一个建设性的和必要的替代传统范式来思考国家的性质及其社会制度和关系在这个大流行后的现实。
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引用次数: 3
Covid-19: Lessons for and from Vulnerability Theory Covid-19:脆弱性理论的教训
IF 1.1 Q2 Social Sciences Pub Date : 2021-09-01 DOI: 10.1177/13582291211041461
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引用次数: 1
What We Teach About Race and Gender: Representation in Images and Text of Children’s Books 我们所教授的种族和性别:儿童书籍图像和文本的表现
IF 1.1 Q2 Social Sciences Pub Date : 2021-07-29 DOI: 10.2139/ssrn.3825080
Anjali Adukia, A. Eble, Emileigh Harrison, H. Runesha, Teodora Szasz
Books shape how children learn about society and social norms, in part through the representation of different characters. To better understand the messages children encounter in books, we introduce new artificial intelligence methods for systematically converting images into data. We apply these image tools, along with established text analysis methods, to measure the representation of race, gender, and age in children’s books commonly found in US schools and homes over the last century. We find that more characters with darker skin color appear over time, but “mainstream” award-winning books, which are twice as likely to be checked out from libraries, persistently depict more lighter-skinned characters even after conditioning on perceived race. Across all books, children are depicted with lighter skin than adults. Over time, females are increasingly present but are more represented in images than in text, suggesting greater symbolic inclusion in pictures than substantive inclusion in stories. Relative to their growing share of the US population, Black and Latinx people are underrepresented in the mainstream collection; males, particularly White males, are persistently overrepresented. Our data provide a view into the “black box” of education through children’s books in US schools and homes, highlighting what has changed and what has endured.
书籍塑造了孩子们了解社会和社会规范的方式,部分是通过不同角色的表现。为了更好地理解儿童在书中遇到的信息,我们引入了新的人工智能方法来系统地将图像转换为数据。我们运用这些图像工具,以及现有的文本分析方法,来衡量上个世纪美国学校和家庭中常见的儿童书籍中种族、性别和年龄的代表性。我们发现,随着时间的推移,越来越多肤色较深的角色出现了,但“主流”获奖书籍(从图书馆借阅的可能性是其他书籍的两倍)一直在描绘肤色较浅的角色,即使在考虑到种族因素后也是如此。在所有的书中,儿童的皮肤都比成人浅。随着时间的推移,女性的出现越来越多,但更多的是在图像中,而不是在文本中,这表明在图片中的象征性包含比在故事中的实质性包含更多。相对于他们在美国人口中日益增长的份额,黑人和拉丁裔在主流收藏中的代表性不足;男性,尤其是白人男性,比例一直过高。我们的数据通过美国学校和家庭的儿童书籍提供了对教育“黑箱”的看法,突出了哪些发生了变化,哪些保持了不变。
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引用次数: 15
COVID-19 magnifies the vulnerabilities: The Brazilian case COVID-19放大了脆弱性:巴西的情况
IF 1.1 Q2 Social Sciences Pub Date : 2021-07-28 DOI: 10.1177/13582291211031374
Dan Denny, C. Duarte, Douglas de Castro, Luiz Ismael Pereira
This paper discusses inequalities of the health system in Brazil and advocates that now, more than ever in light of the Covid-19 pandemic, the world needs to put in place a more collaborative and egalitarian way of financing health research and investments in public health systems. The role of the state and institutions in the design of public policies for the realization of social rights is debated in the face of the economic and political crisis. Here we draw upon Martha Fineman’s vulnerability theory and Thomas Pogge’s view on justice with regard to health.
本文讨论了巴西卫生系统的不平等现象,并主张,鉴于2019冠状病毒病大流行,世界现在比以往任何时候都更需要采用一种更加协作和平等的方式,为卫生研究和公共卫生系统投资提供资金。面对经济和政治危机,国家和机构在设计公共政策以实现社会权利方面的作用受到辩论。在这里,我们借鉴玛莎·费曼的脆弱性理论和托马斯·波格关于健康的正义观。
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引用次数: 0
Reimagining state responsibility for workers following COVID-19: A vulnerability approach 重新构想COVID-19后国家对工人的责任:脆弱性方法
IF 1.1 Q2 Social Sciences Pub Date : 2021-07-21 DOI: 10.1177/13582291211031377
L. Rodgers
In this article it is argued that the COVID-19 crisis offers an important opportunity for engagement and reflection on the operation and effectiveness of laws regarding the workplace in the UK and beyond. The crisis underscores the temporality and partiality of labour law measures, and the need for a reimagining of that law based on more sustainable principles. I argue that this reimagination should coalesce around a human-centric approach to law, and the recognition of the need for deep and varied institutional support for workers. It is argued that these principles have been adopted historically in the context of health and safety law, but have not always been well applied, particularly in the context of the pandemic. In any event, the adoption of these principles and the greater integration of health and safety and labour law would encourage states to better promote worker agency and resilience and hence move towards meeting the aspirations of vulnerability theory.
本文认为,2019冠状病毒病危机为参与和反思英国及其他国家工作场所法律的运作和有效性提供了重要机会。这场危机凸显了劳动法措施的临时性和不公正,需要根据更可持续的原则重新构想劳动法。我认为,这种重新想象应该围绕着以人为中心的法律方法,以及对工人需要深入和多样化的制度支持的认识。有人认为,在历史上,这些原则是在卫生和安全法的背景下通过的,但并不总是得到很好的应用,特别是在大流行病的背景下。无论如何,通过这些原则以及将健康、安全和劳动法更大程度地结合起来将鼓励各国更好地促进工人能动性和复原力,从而朝着实现脆弱性理论的愿望迈进。
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引用次数: 3
The jurisprudence of universal subjectivity: COVID-19, vulnerability and housing 普遍主体性法学:新冠肺炎、脆弱性与住房
IF 1.1 Q2 Social Sciences Pub Date : 2021-07-16 DOI: 10.1177/13582291211032843
K. S. Jobe
Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory.
根据玛莎·芬曼的脆弱性理论,本文认为,在新冠肺炎大流行之前和期间,无家可归的上诉人的法律主张说明了我们的普遍脆弱性,这种脆弱性源于人体本体论地位所产生的基本、可维持生命的活动。通过认识到住房的可获得性具有宪法意义,因为它提供了睡眠、饮食和躺下等维持生命的活动,我认为,论文中审查的法律依据强调了身体的经验本体论现实,作为普遍脆弱性法学的基础。通过追溯这一判例的宪法基础,从新冠肺炎期间的旅行权到第八修正案,本文概述了一种独特的法律范式,以其普遍、恒定和基本的形式理解脆弱性——这是脆弱性理论的中心前提之一。
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引用次数: 0
期刊
International Journal of Discrimination and the Law
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