Pub Date : 2021-07-14DOI: 10.1177/13582291211031371
E. Gordon-Bouvier
The restrained state has always sought to devalue socially reproductive work, often consigning it to the private family unit, where it is viewed as a natural part of female relational roles. This marginalisation of social reproduction adversely affects those performing it and reduces their resilience to vulnerability. The pandemic has largely shattered the liberal illusions of autonomous personhood and state restraint. The reality of our universal embodied vulnerability has now become impossible to ignore, and society’s reliance on socially reproductive work has therefore been pushed into public view. However, the pandemic has also exacerbated harms and pressures for those performing paid and unpaid social reproduction, creating a crisis that demands an urgent state response. As it is argued in this paper, the UK response to date has been inadequate, illustrating an unwillingness to abandon familiar principles of liberal individualism. However, the pandemic has also created a climate of exceptionality, which has prompted even the most neoliberal of states to consider measures that in the past would have been dismissed. In this paper, it is imagined how the state can use this opportunity to become more responsive and improve the resilience of social reproduction workers, both inside and outside the home.
{"title":"Vulnerable bodies and invisible work: The Covid-19 pandemic and social reproduction","authors":"E. Gordon-Bouvier","doi":"10.1177/13582291211031371","DOIUrl":"https://doi.org/10.1177/13582291211031371","url":null,"abstract":"The restrained state has always sought to devalue socially reproductive work, often consigning it to the private family unit, where it is viewed as a natural part of female relational roles. This marginalisation of social reproduction adversely affects those performing it and reduces their resilience to vulnerability. The pandemic has largely shattered the liberal illusions of autonomous personhood and state restraint. The reality of our universal embodied vulnerability has now become impossible to ignore, and society’s reliance on socially reproductive work has therefore been pushed into public view. However, the pandemic has also exacerbated harms and pressures for those performing paid and unpaid social reproduction, creating a crisis that demands an urgent state response. As it is argued in this paper, the UK response to date has been inadequate, illustrating an unwillingness to abandon familiar principles of liberal individualism. However, the pandemic has also created a climate of exceptionality, which has prompted even the most neoliberal of states to consider measures that in the past would have been dismissed. In this paper, it is imagined how the state can use this opportunity to become more responsive and improve the resilience of social reproduction workers, both inside and outside the home.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211031371","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49093484","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 : 2021-07-12DOI: 10.1177/13582291211031375
Dan Newman, Jess Mant, F. Gordon
This paper explores legal need and legal advice in England and Wales during the COVID-19 pandemic. It uses the lens of vulnerability theory to examine the ways in which this crisis exposed pre-existing fragilities between the state and its relationship with the advice sector, and the individuals who experience social welfare problems. The paper commences by exploring Fineman’s vulnerability thesis and its application to those experiencing social welfare-related issues, as well as the vulnerability of the systems operating to give advice. The paper then considers the specific context of the COVID-19 pandemic and the impact on needs, and the ability of the sector to meet these needs. Drawing on policy documents, reports and three case studies from law centres in England and Wales, it discusses the concept of legal need and the realities being experienced. These case studies assist us in being able to critically consider the topics of vulnerability, changing needs and the role that technology is, and can play during the pandemic and beyond. Lastly, the paper points to the need for a critical consideration of the sustainability and format of legal advice in addressing legal need in the post-COVID-19 landscape.
{"title":"Vulnerability, legal need and technology in England and Wales","authors":"Dan Newman, Jess Mant, F. Gordon","doi":"10.1177/13582291211031375","DOIUrl":"https://doi.org/10.1177/13582291211031375","url":null,"abstract":"This paper explores legal need and legal advice in England and Wales during the COVID-19 pandemic. It uses the lens of vulnerability theory to examine the ways in which this crisis exposed pre-existing fragilities between the state and its relationship with the advice sector, and the individuals who experience social welfare problems. The paper commences by exploring Fineman’s vulnerability thesis and its application to those experiencing social welfare-related issues, as well as the vulnerability of the systems operating to give advice. The paper then considers the specific context of the COVID-19 pandemic and the impact on needs, and the ability of the sector to meet these needs. Drawing on policy documents, reports and three case studies from law centres in England and Wales, it discusses the concept of legal need and the realities being experienced. These case studies assist us in being able to critically consider the topics of vulnerability, changing needs and the role that technology is, and can play during the pandemic and beyond. Lastly, the paper points to the need for a critical consideration of the sustainability and format of legal advice in addressing legal need in the post-COVID-19 landscape.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211031375","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42389314","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 : 2021-06-30DOI: 10.1177/13582291211025136
Precius Sihlangu, Kola Sola Odeku
In 1994, as soon as South Africa became a democratic country, the first step taken by the new democratic government was to introduce various transformative constitutional and legislative interventions that sought to redress all the past apartheid discriminatory laws. This paper looks at these interventions by critically showcasing how they are being used to transform and reform land by ensuring inclusivity and equity in South Africa where the previously denied, disposed and segregated Black majority have access and are benefitting broadly.
{"title":"Critical analysis of transformative interventions redressing apartheid land discrimination and injustices in South Africa: From land segregation to inclusivity","authors":"Precius Sihlangu, Kola Sola Odeku","doi":"10.1177/13582291211025136","DOIUrl":"https://doi.org/10.1177/13582291211025136","url":null,"abstract":"In 1994, as soon as South Africa became a democratic country, the first step taken by the new democratic government was to introduce various transformative constitutional and legislative interventions that sought to redress all the past apartheid discriminatory laws. This paper looks at these interventions by critically showcasing how they are being used to transform and reform land by ensuring inclusivity and equity in South Africa where the previously denied, disposed and segregated Black majority have access and are benefitting broadly.","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211025136","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47207484","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 : 2021-06-21DOI: 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":null,"pages":null},"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: 10.1177/13582291211017714
N. Busby, Grace James
{"title":"Editorial Summer 2021","authors":"N. Busby, Grace James","doi":"10.1177/13582291211017714","DOIUrl":"https://doi.org/10.1177/13582291211017714","url":null,"abstract":"","PeriodicalId":42250,"journal":{"name":"International Journal of Discrimination and the Law","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/13582291211017714","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48189468","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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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}
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