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Begin New Search Topic Discrimination Publication Year within 25 Years

21. Cross-National Responses to Discrimination: A Q&A with Michèle Lamont

Author:
Michelle Nicholasen
Publication Date:
10-2016
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
Racism and discrimination are daily realities for members of marginalized groups. But what does it look like at the ground level, and how do individuals from various groups and countries respond to such experiences? Drawing on more than 400 in-depth interviews with middle class and working class men and women residing in the multi-ethnic suburbs of New York, Rio, and Tel Aviv, and representing five different racial “groups,” a team of sociologists examine how people deal with and make sense of the various forms of exclusion that are ever present in their lives.
Topic:
Race, Women, Discrimination, and Marginalization
Political Geography:
United States, Middle East, Israel, Brazil, South America, and North America

22. vSoft Authority against Hard Cases of Racially Discriminating Speech: Why the CERD Committee Needs a Margin of Appreciation Doctrine

Author:
Matthias Goldmann and Mona Sonnen
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article argues that the Committee for the Elimination of All Forms of Racial Discrimination (CERD Committee), as it exercises quasi-judicial authority, should consider applying standards of reasoning similar to those of international courts. In particular, with respect to racially discriminating speech, the legitimacy of the CERD Committee’s Communications would benefit from a margin of appreciation doctrine that leaves domestic authorities greater leeway in finding their strategy to counter the threat of anti-migrant popular sentiment and gives recognition to alternative approaches beyond criminal persecution. This allows a context sensitive approach that might do justice to both the freedom of expression and the need for a more effective protection against racially discriminating speech.
Topic:
Race, Freedom of Expression, Discrimination, and Hate Speech
Political Geography:
Global Focus

23. Gender and the Right to Non-Discrimination in International Human Rights Law

Author:
Bistra Netkova
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Discrimination against women based on the fact that they are women is a deeply rooted practice in all societies. However, the level of discrimination varies greatly with the level of development of the given society and strongly influences and vice versa it is influenced by the status of women in a given society. Addressing this gender-based discrimination is a difficult task because it is closely linked to the concept of equality, and the state's action and inactions. The article establishes that the state parties' obligation is to ensure that there is no direct or indirect discrimination against women in their laws, sanctions, and other remedies, and those women are protected against discrimination in the public, as well as, in the private spheres.
Topic:
Gender Issues, Human Rights, International Law, Discrimination, and Affirmative Action
Political Geography:
Global Focus

24. The Perfect Storm: The closing space for LGBT civil society in Kyrgyzstan, Indonesia, Kenya, and Hungary

Author:
Meg Davis
Publication Date:
04-2016
Content Type:
Special Report
Institution:
Global Philanthropy Project (GPP)
Abstract:
While the late 20th century saw a blossoming of civil society organizations, the beginning of the 21st century has been a period of upheaval. In response to both the threat of terrorism and to growing populist pressure for democracy, transparency, and government accountability, states have used new laws and tactics to restrict freedom of association and freedom of expression. Lesbian, gay, bisexual, and transgender (LGBT) organizations have always faced such barriers, ranging from criminalization of same-sex sexuality, to refusal of the right to register organizations or hold public events, to the shutdown of websites.1 In recent years, some countries have also ratified new laws that explicitly prohibit groups engaged in “LGBT propaganda.” In other countries, politicians have mobilized resurgent nationalism by publicly scapegoating LGBT groups as representing “foreign values.” These overlapping trends have created a “perfect storm” for LGBT civil society organizations caught in simultaneous waves of political pressure.
Topic:
Civil Society, Government, Law, Freedom of Expression, Discrimination, LGBT+, Marginalization, and Philanthropy
Political Geography:
Kenya, Indonesia, Kyrgyzstan, Hungary, and Global Focus

25. Anti-Discrimination Exceptionalism: Racist Violence before the ECtHR and the Holocaust Prism

Author:
Ruth Rubio-Marín and Mathias Möschel
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
Over the past years, the European Court of Human Rights has significantly developed and strengthened its Article 14 non-discrimination jurisprudence, including in a number of ground-breaking international law cases establishing increased state responsibility with regard to ethnic segregation in education and gender violence. However, in the type of cases that constitute a large part of its non-discrimination case load, namely physical violence against racial minorities, the Court has so far failed to adequately address Article 14 discrimination claims raised by the victims. We posit that this could be caused in part by what we call the ‘Holocaust Prism’. Put briefly, the experience of the Holocaust has shaped the manner in which continental European courts understand racism and race discrimination, at least (or especially) when it is combined with violence. Paradoxically, this entails that in the most heinous cases of race discrimination, the discrimination threshold is raised to the level of criminal conduct. Moreover, to the extent that it is, only the ethnic dimension of such discrimination is foregrounded even in cases that present obvious intersectional (for example, ethnicity plus gender) dimensions. We exemplify this phenomenon by discussing recent case law on forced sterilization of Roma women and argue that the Court should become aware of this issue, recognize intersectional discrimination and align its case law on racist violence with the discrimination doctrine emerging in its gender violence and educational race segregation cases, both for the sake of internal consistency and to better capture the structural nature of racial discrimination in Europe.
Topic:
International Law, Ethnicity, Gender Based Violence, Holocaust, Roma, and Discrimination
Political Geography:
Europe and Czech Republic

26. Promoting Dialogue and Solutions: What European Legislators Think of Turkey

Author:
Aybars Görgülü, Mehmet Ünlü, Samuel Doveri Vesterbye, and Zerrin Cengiz
Publication Date:
11-2015
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Full membership to the European Union (EU) has been a major foreign policy aspiration for any government leading Turkey in the past three decades. Accordingly, Turkey has been a candidate for EU membership since 1999 and accession negotiations started in 2005. Despite this positive momentum, Turkey is pretty far from full membership perspective as of mid-2015. A decade after the start of the accession negotiations, both sides seem quite busy with their internal problems and the official negotiation process is left into limbo. Although the current political climate does not offer an optimistic look, Turkey’s full membership aspirations are still present. It is clear that Turkey’s membership is different from any previous accession especially due to the size and the demography of the country. However, it should be noted that Turkey deserves a fair treatment and evaluation from the Union if the membership criteria are fully met. Here we face the question of how to tackle socio-cultural prejudice and discrimination with regards to Turkey’s accession process.
Topic:
Foreign Policy, European Union, and Discrimination
Political Geography:
Europe, Turkey, Middle East, and European Union

27. THE ROLE OF THE COMMITTEE TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Author:
Chelsea Purvis
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This report analyzes the role of the Committee to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). It provides an overview of the Committee’s mandate under CEDAW, finding that its mandate is similar to those of other human rights treaty bodies to which the United States reports. Like other human rights treaty bodies, the CEDAW Committee engages with States parties through a process of dialogue. It cannot consider complaints from individuals against states that have not ratified CEDAW’s Optional Protocol. The report then reviews the principle criticisms of the Committee by opponents of U.S. ratification of the Convention, exploring both the Committee’s most controversial recommendations and its contested legal authority. It discusses the contexts in which the Committee has made its most controversial recommendations and notes that each recommendation has had limited practical effect. The report explains that the CEDAW Committee does not have the legal authority to compel a State party to modify its law or values. If the United States were to ratify the Convention, the Committee’s findings and recommendations would have no direct binding legal authority under either domestic or international law. Finally, the report considers the effect that American participation might have on the Committee. U.S. ratification of CEDAW would allow the United States to contribute to the Committee’s process of dialogue. The United States has found engagement with other human rights treaty bodies productive, even though it does not consider recommendations made by human rights committees to be legally binding. U.S. ratification would also permit the United States to participate in the selection of Committee members, making it more likely that Committee recommendations would even more fully reflect U.S. standards.
Topic:
Gender Issues, Law, Women, and Discrimination
Political Geography:
United States of America and North America

28. Headscarf Ban and Discrimination

Author:
Dilek Cindoğlu
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The headscarf ban applied in institutions of higher education, in the public sector, and as this research has shown, in the private sector, reveals the perspectives of the state and its institutions and as well of the society on human, women’s and citizens’ rights. The restrictions and barriers to entry of women to study and work in institutions of higher education and public sector institutions, in place since the 1960s, rest on a mentality that views women’s choices to wear headscarves as an attack on the secular regime, instead of treating their choices as a manifestation of their freedom of religion and belief. Consequently, the practices that were initially violating freedom of belief gradually deteriorated to cause further violations of rights to education, to employment, to equal access to public life and of basic rights and liberties such as the right to equality. The headscarf ban in institutions of higher education has for many years been and remains to be a widely debated and contested issue. Though there is a wealth of analysis, dialogue, debate and research on the subject, it is largely restricted to whether the headscarf ban in universities is justified or not. The impact that the ban has had on headscarved women’s lives have, on the other hand, been absent in the debates and analyses on the headscarf ban. A question that has not been featured in research and public debates so far is despite the public sector ban on the headscarf what are the experiences of those headscarved women at work who were able to graduate from university, but did not abandon their choice to wear headscarf to practice their faith and without? In other words, what is the impact of the headscarf ban in the public sector on the professional lives of higher educated headscarved women? Does this ban, which applies to public sector institutions, also hinder or restrict professional headscarved women as they apply for or work in private sector jobs? What obstacles are there for professional headscarved women to entering job markets in Turkey and to advancing their careers? This report is a product of TESEV Democratization Program’s quest to answer these questions. It examines one of the greatest roadblocks on Turkey’s path to democratization, the headscarf ban, and the implications of the ban on public and private sector employment to document the myriad forms of discrimination and rights violations that headscarved women face immediately after they decide to become working professionals. Though some forms of workplace discrimination 6 that headscarved women face also affect non-headscarved professional women with similar socio-economic backgrounds, the headscarf is the primary source of the majority of discrimination faced by professional headscarved women. Again, this report shows that the ban on the public sector spilled over to the private sector. Cases of discrimination and rights violations that are believed to have diminished and to even have been reversed in favor of headscarved women during the two terms of the AK Party administration continue to be recorded, especially and more vehemently in the private sector.
Topic:
Democratization, Gender Issues, Religion, Women, Inequality, and Discrimination
Political Geography:
Turkey and Middle East