Affirmative Action in French Law

1998 ◽  
Vol 19 (2) ◽  
pp. 167-177
Author(s):  
Gwenaëlle Calves

In recent years, the concept of positive discrimination has attracted considerable attention in France among both legal scholars and the general public. In an increasing number of areas, ranging from access to bicycle paths to restriction of family allowances according to income, any rules that appear to depart, however slightly, from the prevailing norm of equal treatment strictly construed, now tend to be presented as measures of positive discrimination.

1982 ◽  
Vol 10 (5) ◽  
pp. 44-46
Author(s):  
R. Goves-Jacka

Education systems are devised by the members of a society to perpetuate the values, customs and beliefs of that culture. Therefore, in a multicultural society, any child from a minority cultural group who is educated in the educational system of the majority cultural group as, for example, most Aboriginal students, must be at a disadvantage.Despite the fact that unless they work in traditional or semi-traditional areas, large numbers of teachers will not perceive any cultural differences, Aboriginal students do feel different. They do perceive differing value patterns between their own and the wider ‘white’ society and at times they feel alienated and alone, swamped by a sea of white faces and white ideals.Traditionally, teachers have felt that it was important to treat all students exactly the same: that any variation from this ideal would savour of injustice and that anathema to all good teachers – favouritism! Surely, the aim to provide equal opportunity for all implies equal treatment for all – or does it? What of the child who is disadvantaged before entering the classroom, simply because he belongs to a minority culture? How is it possible to erase the inequalities engendered by this situation so that in fact all students ave given equal opportunities? Why not try “Positive discrimination”?“Positive discrimination” implies treating a student differently in order to assist that student in the acquisition of positive reinforcement regarding his sense of self worth, aims and achievements. This is a sensitive issue so teachers who are unsure of methods of approach or who feel uncomfortable with the idea should not attempt to use it. However, for the caring sensitive teacher who also has plenty of experience, the good news is that positive discrimination works! In order to make it work there are some salient points worth noting:


Author(s):  
Izolda Takács

This study outlines the rules that have created full gender equality, starting from the first generation of human rights to equal treatment and then positive discrimination, also briefly referring to the theoretical foundations. The study also points out areas where, besides ius cogens, the disadvantages of women in everyday practice have remained particularly significant. Thus, the second part of the study addresses the main issues of criminal law and workplace discrimination, supported by examples. It is deemed necessary due to issues of labour law and criminal justice practice illustrating most clearly why ensuring equality before the law does not suffice. At the same time, the need for much more gender-sensitive legislation and legal redress is being formulated, especially in the areas mentioned above.


Author(s):  
AïCHA EL ALAOUI

Education always remains at the heart of political and economic debates in Morocco. The essential questions that arise for Morocco are: How to generalize and standardize the education system throughout its territory? How to improve the quality and efficiency of education in Morocco? The level of economic development remains fragile and sensitive, marked by an inequitable development between the 12 Moroccan regions. For this purpose, also treated what supposedly unequal is unfair. We must abandon the principle of equal treatment of pupils across the country. It is obviously a question of compensating for the initial inequalities. Putting this policy in the name of equity seems socially just. Educational justice means not only the same educational policies but having equal access and results. An egalitarian system must focus on improving the quality of the schools that serve the poorest regions of the country and the poorest classes in society. The reason is simple: a well-educated and well-groomed population will be more productive, which is a source of continuous growth that can benefit everyone. For this reason, the starting point is to establish a single school, carrying the ideals of freedom, equality, solidarity, the principles of citizenship, secularism, respect for others, universalism and unit. In addition, it is necessary to introduce digital into the education system and to diversify and encourage the learning of languages ​​(in addition to two official languages) such as English, Japanese, Chinese, we do not know who owns The world of tomorrow ?


2020 ◽  
Vol 114 (4) ◽  
pp. 1230-1246 ◽  
Author(s):  
SAAD GULZAR ◽  
NICHOLAS HAAS ◽  
BENJAMIN PASQUALE

Does political affirmative action undermine or promote development? We present the first systematic analysis of Scheduled Areas in India, home to 100 million citizens, where local political office is reserved for the historically disadvantaged Scheduled Tribes. A newly constructed dataset of 217,000 villages allows us to probe conflicting hypotheses on the implementation of the world’s largest workfare program, the National Rural Employment Guarantee Scheme. We find that reservations deliver no worse overall outcomes, that there are large gains for targeted minorities, and that these gains come at the cost of the relatively privileged, not other minorities. We also find improvements in other pro-poor programs, including a rural roads program and general public goods. Reservations more closely align benefits to each group’s population share, allaying concerns of overcompensation for inequalities. Contrary to the expectations of skeptics, results indicate that affirmative action can redistribute both political and economic power without hindering overall development.


2015 ◽  
Vol 8 (3) ◽  
pp. 82-99
Author(s):  
Naomi C.F. Yamada

In both China and in the United States, policies of 'positive discrimination' were originally intended to lessen educational and economic inequalities, and to provide equal opportunities. As with affirmative action in the American context, China's 'preferential policies' are broad-reaching, but are best known for taking ethnic background into consideration for university admissions. The rhetoric of China's preferential policy discourse has remained surprisingly constant but shifts to a market-economy and incorporation of neoliberal elements have resulted in fee-based reforms that discourage inclusion of poorer students. In addition, as ethnic minority students principally from Western China compete to enter 'self-funded' college preparatory programmes, public funding is being directed towards the achievement of 'world-class' universities overwhelmingly concentrated in Eastern China. In contrast, in the United States, the difficulty of defending affirmative action in the face of a neoliberal climate has resulted in a shift in policy. If in China the policy remains even as the 'rule' has changed (Arno 2009), in contrast, in American institutions the rhetoric has shifted away from affirmative action in favour of diversity but efforts to hold on to the rules that promote equal opportunities remain.


Intizar ◽  
2016 ◽  
Vol 22 (2) ◽  
pp. 319
Author(s):  
Adek Risma Dedees

Kebijakan affirmative action merupakan bentuk diksriminasi positif bagi perempuan di Indonesia untuk terlibat langsung dalam proses pembuatan dan pengambilan kebijakan di parlemen. Dengan kebijakan ini kesadaran gender di parlemen pelan tapi pasti memberikan harapan bagi perjuangan dan keadilan perempuan. Kebijakan affirmative action diharapkan mampu mengubah wajah parlemen yang bias kepentingan patriarki menuju kebijakan-kebijakan yang lebih ramah kepada perempuan. Sementara itu, partisipasi perempuan melalui dinasti politik sebagai sandaran tidak bisa disebut jelek atau tidak memiliki modal atau pengetahuan berpolitik. Sebagai tahap awal dan lewat jalur apapun, lebih baik rakyat melihat perempuan di posisi paling tinggi di pemerintahan, perusahaan, dan organisasi daripada tidak sama sekali. Jenis penelitian ini kualitatif interpretatif dengan kajian pustaka perihal persoalan partisipasi perempuan dalam ranah politik.Affirmative action policies are forms of positive discrimination for women in Indonesia to be directly involved in the manufacturing process and policy making in parliament. With this policy of gender awareness in parliament, it slowly but surely gives hope to women's struggle and justice. Affirmative action policies are expected to change the face of parliament biased towards the interests of patriarchal policies that are more friendly to women. Meanwhile, the participation of women through political dynasty as the backrest cannot be called bad, or does not have the capital or knowledge of politics. As an early stage and through any path, it is much better people's view of women is in the highest positions in the government, companies, and organizations than nothing at all. This type of research is qualitative interpretive literature review regarding the issue of women's participation in the political sphere.


2021 ◽  
Vol VI (I) ◽  
pp. 46-53
Author(s):  
Mumtaz Ali ◽  
Aziz-ur Rehman

Being a weaker stratum of society, special measures should be taken to protect women and children. It is a basic obligation of all and sundry to safeguard and uplift women and children, but in the Courts of Law, they are the least protected. When the stage of realization of the basic rights comes, the Courts treat them like chattels on one pretext or other, especially on the ground of judicial restraint. They are not given equal treatment with men; what to say about special treatment in the Courts in Pakistan. Although on paper, women and children are the most privileged persons at the end of the day, they are victims of the men-made game. Everyone has been watching it since the creation of Pakistan and will continue seeing it forever. This article will explore the fraud being played on women and children from a forensic perspective.


2018 ◽  
Vol 7 ◽  
pp. 199-222
Author(s):  
Horacio Javier Etchichury

This article intends to analyze Universal Child Allowance (UCA)—a large-scale conditional cash transfer (CCT) program in Argentina—from a human rights and constitutional perspective. Conditions required in the UCA system—which covers informal and unemployed workers—are compared to those established in family allowances, the contributory program created for registered workers. These differences in treatment are analyzed in connection with the right to equal treatment, taking into account applicable legal materials, including caselaw and theoretical contributions. After describing CCT programs in general and the specific features of UCA, and outlining Argentina’s constitutional and human rights framework, the article describes the specific conditions—maximum income, nationality, maximum number of covered children—applied only to informal and unregistered workers included in the UCA program. Compared to family allowances beneficiaries, workers under UCA have a much lower maximum wage limit to be eligible, and their children must fulfill nationality or legal residence requirements not applicable under the family allowances system. UCA covers only up to five children per family, while family allowances are paid to every child in formal workers’ families, with no restrictions. The article concludes that these planned differences in treatment are not admissible under Argentina’s human rights obligations and constitutional setting. The article also advocates a human rights-based design for social policies, in order to ensure consistency with Argentina’s Constitution and international obligations.


2004 ◽  
Vol 25 (1) ◽  
pp. 77-98
Author(s):  
Daniel Disalvo ◽  
James W. Ceaser

A specter is haunting France and America. It is known alternatively as “discrimination positive” or “affirmative action.” The concept refers to policies that legitimate the use of measures that explicitly take into account an individual’s group status in the allocation of jobs, contracts, and university admissions to assist groups that are disadvantaged and that have suffered historically from discrimination. According to its proponents, the larger objectives of these policies include eliminating patterns of negative discrimination, producing greater equality, integrating members of these groups into society by giving them a larger stake in it, and achieving greater representativeness or diversity.


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