Pub Date : 2021-06-21DOI: 10.1177/13582291211025137
Bola Fajemirokun
The evolution of HIV/AIDS policy and legal frameworks in Nigeria has happened in distinct phases. The first period between 1986 when the first AIDS cases were reported and 1996 was uneventful and generally characterized by a distinct lack of appreciation of the spread and impact of the disease. During the following decade, notable achievements included the institutionalization of multisectoral responses at all levels of government and the introduction of national and sub-national policies and programmes. Comparable breakthroughs have been slow to occur in the legal environment despite evidence of widespread HIV/AIDS discrimination. This article analyses the legal mechanisms for addressing HIV/AIDS discrimination in Nigeria and argues that even with the emergence of HIV/AIDS-specific anti-discrimination legislation, the protection for persons living with or affected by HIV/AIDS is far from being secured.
{"title":"Critical issues arising from litigating HIV/AIDS discrimination in Nigeria","authors":"Bola Fajemirokun","doi":"10.1177/13582291211025137","DOIUrl":"https://doi.org/10.1177/13582291211025137","url":null,"abstract":"The evolution of HIV/AIDS policy and legal frameworks in Nigeria has happened in distinct phases. The first period between 1986 when the first AIDS cases were reported and 1996 was uneventful and generally characterized by a distinct lack of appreciation of the spread and impact of the disease. During the following decade, notable achievements included the institutionalization of multisectoral responses at all levels of government and the introduction of national and sub-national policies and programmes. Comparable breakthroughs have been slow to occur in the legal environment despite evidence of widespread HIV/AIDS discrimination. This article analyses the legal mechanisms for addressing HIV/AIDS discrimination in Nigeria and argues that even with the emergence of HIV/AIDS-specific anti-discrimination legislation, the protection for persons living with or affected by HIV/AIDS is far from being secured.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"313 - 327"},"PeriodicalIF":1.1,"publicationDate":"2021-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211025137","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43843035","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 : 2021-06-01DOI: 10.1177/13582291211015637
Shreya Atrey
This case note explores the landmark decision of the South African Constitutional Court in Mahlangu and Another v. Minister of Labour and Others, which recognised intersectional discrimination under section 9(3) of the Constitution. It shows that the Court went beyond that in fact and recognised intersectionality not just as part of discrimination law, but also as part of general constitutional law, using it as a theory of constitutional interpretation in adjudication.
{"title":"Beyond discrimination: Mahlangu and the use of intersectionality as a general theory of constitutional interpretation","authors":"Shreya Atrey","doi":"10.1177/13582291211015637","DOIUrl":"https://doi.org/10.1177/13582291211015637","url":null,"abstract":"This case note explores the landmark decision of the South African Constitutional Court in Mahlangu and Another v. Minister of Labour and Others, which recognised intersectional discrimination under section 9(3) of the Constitution. It shows that the Court went beyond that in fact and recognised intersectionality not just as part of discrimination law, but also as part of general constitutional law, using it as a theory of constitutional interpretation in adjudication.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"168 - 178"},"PeriodicalIF":1.1,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211015637","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41567769","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}
Prior work often mischaracterizes who is burdened by strict voter identification (ID) laws, either by assuming that everyone who does not possess ID is burdened by the law or that those who do possess ID cannot be burdened. But many people without ID are unlikely to vote, and some people with ID may not have access to it on Election Day. Given this, we better measure who is burdened by studying Michigan's 2016 presidential election, where someone who lacked access to ID could nonetheless vote after signing an a davit. A random sample of affidavits reveal that about 0.45 percent of voters lacked access to ID, nearly all of whom possessed state-issued identification. Non-white voters are about five times more likely to lack access to ID than white voters. While lacking access to ID did not legally prevent anyone from voting, survey evidence suggests that not all voters understand this.
{"title":"Who Votes Without Identification? Using Individual-Level Administrative Data to Measure the Burden of Strict Voter Identification Laws","authors":"Phoebe Henninger, M. Meredith, Michael Morse","doi":"10.2139/ssrn.3205769","DOIUrl":"https://doi.org/10.2139/ssrn.3205769","url":null,"abstract":"Prior work often mischaracterizes who is burdened by strict voter identification (ID) laws, either by assuming that everyone who does not possess ID is burdened by the law or that those who do possess ID cannot be burdened. But many people without ID are unlikely to vote, and some people with ID may not have access to it on Election Day. Given this, we better measure who is burdened by studying Michigan's 2016 presidential election, where someone who lacked access to ID could nonetheless vote after signing an a davit. A random sample of affidavits reveal that about 0.45 percent of voters lacked access to ID, nearly all of whom possessed state-issued identification. Non-white voters are about five times more likely to lack access to ID than white voters. While lacking access to ID did not legally prevent anyone from voting, survey evidence suggests that not all voters understand this.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"3 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90430341","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 : 2021-05-27DOI: 10.1177/13582291211014403
Brian Pappas
How do compliance occupations successfully navigate complex institutional environments characterized by changing policy initiatives, managerial logics, unclear expectations, and competition from other occupational groups? This article examines the work of Title IX Coordinators at U.S. Colleges and Universities, who often hold dual roles, operate at lower levels within the institution, and lack the necessary resources to do their work. Using interviews, surveys, professional association materials, and Title IX job ads, this paper describes how Title IX Coordinators adapt to a complex institutional environment and overcome these obstacles in their efforts to enforce Title IX. Title IX Coordinators develop and create collaborative networks of expertise that develop and build shared institutional influence. Using pre-existing relationships and sharing information and expertise, Title IX Coordinators partner with legal counsel, campus police, human resources, ombuds, student affairs, and other occupations to co-produce Title IX compliance.
{"title":"Competition and collaboration: Title IX Coordinators and the barriers to achieving educational equity","authors":"Brian Pappas","doi":"10.1177/13582291211014403","DOIUrl":"https://doi.org/10.1177/13582291211014403","url":null,"abstract":"How do compliance occupations successfully navigate complex institutional environments characterized by changing policy initiatives, managerial logics, unclear expectations, and competition from other occupational groups? This article examines the work of Title IX Coordinators at U.S. Colleges and Universities, who often hold dual roles, operate at lower levels within the institution, and lack the necessary resources to do their work. Using interviews, surveys, professional association materials, and Title IX job ads, this paper describes how Title IX Coordinators adapt to a complex institutional environment and overcome these obstacles in their efforts to enforce Title IX. Title IX Coordinators develop and create collaborative networks of expertise that develop and build shared institutional influence. Using pre-existing relationships and sharing information and expertise, Title IX Coordinators partner with legal counsel, campus police, human resources, ombuds, student affairs, and other occupations to co-produce Title IX compliance.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"94 - 116"},"PeriodicalIF":1.1,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211014403","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42785857","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 Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate, defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics views beliefs as inputs to making decisions, with more accurate beliefs having indirect, instrumental value by improving decision-making. This Article utilizes novel economic theories about belief-based utility, which captures economically the intuitive notion that people can derive pleasure and pain directly from their and other people’s beliefs. Even false beliefs can offer comfort and reassurance to people. This Article also draws on interdisciplinary and multidisciplinary theories about deliberate ignorance, defined as the conscious choice by individuals to ignore certain knowledge or particular information. This Article studies how to change people’s beliefs about what a person of a certain race is likely to do, will do, or has done. This Article defines explicit racism to entail hateful racial beliefs, which can be due to disinformation or misinformation. Hateful beliefs can fuel misunderstanding and violence. This Article focuses on challenging AAPI hate due to the author’s experiences with AAPI hate. This Article examines how and why explicit racism is wrong. This Article analyzes subjective beliefs, hate crime laws, and explicit racism. This Article advocates three ways to challenge AAPI hate: positive racial education and mindfulness, positive racial conversations and communications, and positive racial associations, cultures, and norms.
{"title":"Resistance is Not Futile: Challenging AAPI Hate","authors":"P. H. Huang","doi":"10.2139/ssrn.3851585","DOIUrl":"https://doi.org/10.2139/ssrn.3851585","url":null,"abstract":"This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate, defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics views beliefs as inputs to making decisions, with more accurate beliefs having indirect, instrumental value by improving decision-making. This Article utilizes novel economic theories about belief-based utility, which captures economically the intuitive notion that people can derive pleasure and pain directly from their and other people’s beliefs. Even false beliefs can offer comfort and reassurance to people. This Article also draws on interdisciplinary and multidisciplinary theories about deliberate ignorance, defined as the conscious choice by individuals to ignore certain knowledge or particular information. This Article studies how to change people’s beliefs about what a person of a certain race is likely to do, will do, or has done. This Article defines explicit racism to entail hateful racial beliefs, which can be due to disinformation or misinformation. Hateful beliefs can fuel misunderstanding and violence. This Article focuses on challenging AAPI hate due to the author’s experiences with AAPI hate. This Article examines how and why explicit racism is wrong. This Article analyzes subjective beliefs, hate crime laws, and explicit racism. This Article advocates three ways to challenge AAPI hate: positive racial education and mindfulness, positive racial conversations and communications, and positive racial associations, cultures, and norms.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"33 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2021-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80412075","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 : 2021-05-06DOI: 10.1177/13582291211014412
John C Mubangizi
This article focuses on xenophobia in the South African labour market and the effect it can and does have on foreign employees. In contrast to current scholarship that portrays xenophobia in South Africa as a consequence of anti-immigrant sentiments and stereotypes that stem from social, political, economic and cultural misconceptions, this paper argues that the causes of xenophobia are much more complex than that. In addition to those misconceptions, it is argued, xenophobia in South Africa may well have its genesis in the pre-1994 apartheid and colonialism era which sought to impose segregation and instill hatred between and among black people. The main argument in the paper, however, is that the South African legal framework and its implementation do not go far enough in addressing the problem of xenophobia in the workplace. As a result, the rights of foreign employees are negatively impacted and not sufficiently protected. To underscore this point, the paper undertakes a discussion on the legal framework and the pertinent human rights implications of xenophobia in the South African labour market before making some recommendations on what can be done to protect the rights of foreign employees better and reduce or prevent xenophobic attacks against them.
{"title":"Xenophobia in the labour market: A South African legal and human rights perspective","authors":"John C Mubangizi","doi":"10.1177/13582291211014412","DOIUrl":"https://doi.org/10.1177/13582291211014412","url":null,"abstract":"This article focuses on xenophobia in the South African labour market and the effect it can and does have on foreign employees. In contrast to current scholarship that portrays xenophobia in South Africa as a consequence of anti-immigrant sentiments and stereotypes that stem from social, political, economic and cultural misconceptions, this paper argues that the causes of xenophobia are much more complex than that. In addition to those misconceptions, it is argued, xenophobia in South Africa may well have its genesis in the pre-1994 apartheid and colonialism era which sought to impose segregation and instill hatred between and among black people. The main argument in the paper, however, is that the South African legal framework and its implementation do not go far enough in addressing the problem of xenophobia in the workplace. As a result, the rights of foreign employees are negatively impacted and not sufficiently protected. To underscore this point, the paper undertakes a discussion on the legal framework and the pertinent human rights implications of xenophobia in the South African labour market before making some recommendations on what can be done to protect the rights of foreign employees better and reduce or prevent xenophobic attacks against them.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"139 - 156"},"PeriodicalIF":1.1,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211014412","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49184492","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}
Females in Hindu families have long been discriminated against in terms of both inheritance and succession. For the duration of forty-nine years, men and women had different schemes with regard to inheritance where the woman was refused the right to marital property on the basis of her marital status. Fortunately, in 2005, the amendment to the Hindu Succession Act dealt with most inheritance-based injustice. However, it is observed that Hindu female intestates who die as married women continue to face injustice that is backed up by various discriminatory provisions under the Hindu Succession Act. This paper recognizes the constitutional implications of such provisions and their effect on the elderly.
{"title":"Hindu Female Intestate Succession Laws and Their Impact on Fundamental Rights of the Elderly","authors":"B. Das, Shivangi Banerjee","doi":"10.2139/ssrn.3837895","DOIUrl":"https://doi.org/10.2139/ssrn.3837895","url":null,"abstract":"Females in Hindu families have long been discriminated against in terms of both inheritance and succession. For the duration of forty-nine years, men and women had different schemes with regard to inheritance where the woman was refused the right to marital property on the basis of her marital status. Fortunately, in 2005, the amendment to the Hindu Succession Act dealt with most inheritance-based injustice. However, it is observed that Hindu female intestates who die as married women continue to face injustice that is backed up by various discriminatory provisions under the Hindu Succession Act. This paper recognizes the constitutional implications of such provisions and their effect on the elderly.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"44 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73884455","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 : 2021-04-29DOI: 10.1177/13582291211011432
P. Roberts
This commentary examines the Court of Appeal’s decision in R (Delve and Glynn) v. Secretary of State for Work and Pensions, which concerned the judicial review of the incremental increase of the state pension age in the United Kingdom for women born in the 1950s. It focuses on the claims of discrimination contrary to Article 14 of the European Convention on Human Rights, in particular the discussion relating to indirect sex/sex and age discrimination. It is argued that there is scope for greater clarity in the Court’s reasoning which led to its conclusion that the measures did not result in indirect discrimination contrary to Article 14. However, the dismissal of each appeal is not surprising, in view of the adoption of the ‘manifestly without reasonable foundation’ test when scrutinising decisions relating to social welfare policy. In other words, even if the measures resulted in indirect sex discrimination, they were justified.
{"title":"The equalisation of the state pension age in United Kingdom: Indirect sex discrimination?","authors":"P. Roberts","doi":"10.1177/13582291211011432","DOIUrl":"https://doi.org/10.1177/13582291211011432","url":null,"abstract":"This commentary examines the Court of Appeal’s decision in R (Delve and Glynn) v. Secretary of State for Work and Pensions, which concerned the judicial review of the incremental increase of the state pension age in the United Kingdom for women born in the 1950s. It focuses on the claims of discrimination contrary to Article 14 of the European Convention on Human Rights, in particular the discussion relating to indirect sex/sex and age discrimination. It is argued that there is scope for greater clarity in the Court’s reasoning which led to its conclusion that the measures did not result in indirect discrimination contrary to Article 14. However, the dismissal of each appeal is not surprising, in view of the adoption of the ‘manifestly without reasonable foundation’ test when scrutinising decisions relating to social welfare policy. In other words, even if the measures resulted in indirect sex discrimination, they were justified.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"157 - 167"},"PeriodicalIF":1.1,"publicationDate":"2021-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211011432","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44301488","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 : 2021-04-26DOI: 10.1177/13582291211010418
A. Blackham
In 2011, the UK government abolished the national default retirement age. While this could support extended working lives and promote individual choice, it could also be a neoliberal ‘ploy’ to individualise the risks of old age. The question, then, is what impact does the removal of mandatory retirement have in practice: does it help to promote individual choice and autonomy? Or does it lead to work intensification and the individualisation of the risks of demographic change? Or both, perhaps simultaneously? Drawing on original qualitative and quantitative empirical data from UK and USA universities, this article considers the impact of removing mandatory retirement ages on individual workers in higher education. It argues that legal reform may have prompted or encouraged work intensification in universities, including through an increased focus and use of performance management. Thus, in practice, the consequences of removing retirement ages for individuals are mixed.
{"title":"Does removing default retirement ages benefit individuals? A comparative empirical case study of the university sector","authors":"A. Blackham","doi":"10.1177/13582291211010418","DOIUrl":"https://doi.org/10.1177/13582291211010418","url":null,"abstract":"In 2011, the UK government abolished the national default retirement age. While this could support extended working lives and promote individual choice, it could also be a neoliberal ‘ploy’ to individualise the risks of old age. The question, then, is what impact does the removal of mandatory retirement have in practice: does it help to promote individual choice and autonomy? Or does it lead to work intensification and the individualisation of the risks of demographic change? Or both, perhaps simultaneously? Drawing on original qualitative and quantitative empirical data from UK and USA universities, this article considers the impact of removing mandatory retirement ages on individual workers in higher education. It argues that legal reform may have prompted or encouraged work intensification in universities, including through an increased focus and use of performance management. Thus, in practice, the consequences of removing retirement ages for individuals are mixed.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":"21 1","pages":"77 - 93"},"PeriodicalIF":1.1,"publicationDate":"2021-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211010418","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45192633","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：