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Kelly4e9w
Dołączył: 23 Maj 2011
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Wysłany: Wto 11:43, 24 Maj 2011 Temat postu: Nike Air Force 1 High UK Anti-Discrimination Legis |
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It can be discussed that the current anti-discrimination legislation that exists in the UK does not adequately recognise the issue of multiple discrimination and, until it does so, numerous claimants will be unable to seek redress for the disadvantage they have suffered.
The third and last affect knots in with the second and relates to structural disadvantage, according to Sandra Fredman in her book ,[link widoczny dla zalogowanych],Women and the Law, is ignoring "the mighty institutional forces which pedal so many women into low disbursing, cheap status jobs and which impede the career routes of many others". By catching this approximate to gender disadvantage, the varieties and reasons of disadvantages suffered specifically by ethnic minority women are overlooked. If the law does not recognise discrimination suffered by decisive characteristic groups then nought can be done to remedy the location they find themselves in.
Although the conception of multitude is not limited to those from minorities, the pervasive nature of discrimination (whether it is deserving to marathon,[link widoczny dla zalogowanych], sex, disability, etc) in society manner that these groups are most presumable to suffer if the problem of multiple discrimination is not adequately addressed. In her essay in Feminist Legal Theory: Foundations, Kimberley Crenshaw suggests that the current failure to tackle the issue of multiple discrimination has produced a "single axis framework" that has a triple affect on claimants.
The Triple Affect
The second problematic affect of the "single axis framework" is the isolating of every ground of discrimination from anybody additional, along to Nitya Iyer this mainly assumes that "it is feasible and applicable in the environment of redressing relations of inequality to consider the social characteristic of each [ground] in solitude". Therefore,[link widoczny dla zalogowanych], anti-discrimination statutes are inadequate to deal with cases where claimants rightly feel that they have suffered due to an indivisible medley of discriminations (e.g. race and sex).
The 1st affect stems from the assumption that entire individuals among a particular group (e.g. all women alternatively all weakened people) share a general experience of adverse manipulation. Such an speculation fails to acknowledge that the discrimination that folk suffer (for example that suffered at Asian women as disapproved to that suffered by eastern men) can be quantatively different and so have to necessarily be treated differently. The current legislative presumption is that an treat fits know next to nothing of in reality, a rule to tackle sex discrimination could well guide to excellent improvements for white women whilst in the meantime not having such an impact for black women.
Read on
The Comparator Paradox?
Selecting a Comparator
Multiple Discrimination in the UK
The Problem of the Most Disadvantaged
Having analyzed the threefold affect namely Crenshaw's "single axis framework" has on claimants, it is clear that the present form of anti-discrimination legislation in the UK namely inadequate and, whether it remains unchanged, then claims of multiple sexism ambition no be proficient apt be successfully made and so justice will proceed to allude some claimants.
An Unsatisfactory Situation
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