Difference between revisions of "Affirmative action" - New World Encyclopedia

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Affirmative action refers to steps taken to eliminate discrimination—whether in employment, education, or contracting—but also to redress the effects of past discrimination. The underlying motive for affirmative action is the principle of equal opportunity, which holds that all persons have the right to equal access to self-development. In other words, persons with equal abilities should have equal opportunities.
 
Affirmative action refers to steps taken to eliminate discrimination—whether in employment, education, or contracting—but also to redress the effects of past discrimination. The underlying motive for affirmative action is the principle of equal opportunity, which holds that all persons have the right to equal access to self-development. In other words, persons with equal abilities should have equal opportunities.
  
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Some groups who are targeted for affirmative action are characterized by [[race]], [[Gender role|gender]], [[ethnicity]], or [[disability]] status.  In India, the focus has mostly been on undoing [[caste]] discrimination. In America and [[South Africa]], the focus has been primarily race-based and, to a lesser extent, gender-based discrimination.
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Some groups who are targeted for affirmative action are characterized by [[race]], [[Gender role|gender]], [[ethnicity]], or [[disability]] status.   
  
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==Justifications==
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==History==
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One justification for affirmative action is that a simple adoption of [[meritocracy|meritocratic]] principles along the lines of [[race-blind]]ness or [[gender-blind]]ness—or simply relying on elites to behave fairly—will not suffice to change the situation for several reasons: Discrimination practices of the past preclude the acquisition of "merit" by limiting access to educational opportunities and job experiences.<ref>Richard Delgado, "Merit and Affirmative Action," excerpted from ''The Coming Race War? And Other Apocalyptic Tales of America after Affirmative Action and Welfare'', NYU Press, 1996. &lt;http://academic.udayton.edu/race/04needs/affirm02.htm>: "formalist devices… enable the powerful to exclude from consideration past actions… that have effects even today which prevent some from entering the competition on equal terms."</ref> Ostensible measures of "merit" may well be biased toward the same groups who are already empowered.<ref>Susan Sturm and [[Lani Guinier]], "The future of affirmative action: Reclaiming the innovative ideal" originally published in the ''California Law Review'', July 1996, online as part of the Racetalks Initiatives on Guinier's site at Harvard University.  &lt;http://www.law.harvard.edu/faculty/guinier/racetalks/future_aa01.htm></ref> Regardless of overt principles, people already in positions of power are likely to hire people they already know or people from similar backgrounds, or both.<ref>Lani Guinier, "Saving Affirmative Action; and a process for elites to choose elites," ''Village Voice'', July 2-July 8 2003. &lt;http://www.villagevoice.com/news/0327,guinier,45235,1.html>: "The worry is that as long as colleges and universities obscure the criteria on which they admit students, the elite are free to choose themselves and then legitimate those choices with a critical mass of people of color."</ref>
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One could trace affirmative action like policy back to the [[Reconstruction]] amendments to the US Constitution. The 13th, 14th, and 15th amendments were written to integrate emancipated slaves into American society by prohibiting slavery, guaranteeing equal protection under the law, and forbidding racial discrimination in voting practices.  
  
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==Controversy==
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The Supreme Court case [[Plessy v. Ferguson]] in 1896 is the next example that could be considered affirmative action. In this case, the Supreme Court ruled that a policy of "separate but equal" treatment for racial minorities was acceptable. President [[Franklin Delano Roosevelt]] later signed an executive order stating that there was to be no discrimination in hiring for Defense contracts. The Supreme Court case [[Brown v. Board of Education]] in 1954 overturned the ideology of "separate but equal," and mandated the same, equal treatment for all. This can be seen as an extension of the 14th amendment.
  
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Proponents of affirmative action generally advocate it either as a means to address past discrimination or to enhance racial, ethnic, gender, or other diversity.<ref name=Richarson/> They may argue that the end result—a more diversified student body, police force or other group—[[End justifies the means|justifies the means]].  
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The phrase "affirmative action" was first used by President Lyndon Johnson in the 1965 Executive Order 11246. The order required federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." Affirmative action does not mean that unqualified candidates are favored over qualified candidates. Affirmative action policies discourage discrimination against qualified minority candidates, and mandate inclusion. In 1967, Johnson expanded this policy to include women.<ref>[http://www.now.org/nnt/08-95/affirmhs.html The Origins of Affirmative Action.] National Organization of Women. Retrieved April 4, 2007.</ref>
  
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Opponents claim that affirmative action has undesirable side-effects and that it fails to achieve its goals. They argue that it factors race into the decision-making process, perpetrates new wrongs to counter old ones, and undermines and calls into question the achievements of minorites. It may increase racial tension and benefit the more privileged people within [[minority groups]] (such as middle to upper-class blacks) at the expense of the disenfranchised within majority groups (such as lower-class whites). In the British 2001 Summer of Violence Riots in [[Oldham]], [[Bradford]], [[Leeds]] and [[Burnley]], one of the major complaints voiced in poor white areas was alleged discrimination in council funding which favoured minority areas. There has recently been a push among American states to ban racial or gender preferences in university admissions. In 2006, nearly 60% of Michigan voters decided to ban affirmative action in university admissions. [http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1163671521213] Michigan joined California, Florida, Texas, and Washington in banning the use of race or gender in admissions considerations.[http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1163671521213]
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A famous test case of affirmative action policies is the [[Regents of the University of California v. Bakke]], which the Supreme Court decided in 1976. Allan Bakke had applied to the University of California-Davis Medical School two years in a row and was denied admission both times. Minority candidates were admitted who had scored lower on the school's admissions criteria. Bakke argued that their admission was an example of a quota for minorities. The ruling eliminated the use of quotas from use in affirmative action policies.
  
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Some also claim that, in college or professional admissions, it hurts those it intends to help, since it causes a "mismatch" effect by admitting minority students who are less qualified than their peers into more rigorous programs wherein they cannot keep up.  [[UCLA School of Law]] professor Richard Sander wrote several papers on this occurring in both the law schools themselves and in law firms.[http://www.law.ucla.edu/sander/]
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In 2006, nearly 60% of Michigan voters decided to ban affirmative action in university admissions. Michigan joined California, Florida, Texas, and Washington in banning the use of race or gender in admissions considerations.<ref>[http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1163671521213 Affirmative action ban draws a challenge] The National Law Journal. Retrieved April 4, 2007.</ref>
  
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Sander's claim that this correlation exists is questionable to those who understand how affirmative action policies work.  The phrase "affirmative action" was first used by President Lyndon Johnson in the 1965 Executive Order 11246[http://www.now.org/nnt/08-95/affirmhs.html].  The order required federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin[http://www.now.org/nnt/08-95/affirmhs.html]." Affirmative action does not mean that unqualified candidates are favored over qualified candidates. Affirmative action policies discourage discrimination against qualified minority candidates, and mandate inclusion.
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==Controversy==
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===Arguments in Favor Of===
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Proponents of affirmative action generally advocate it either as a means to address past discrimination or to enhance racial, ethnic, gender, or other diversity. They may argue that the end result—a more diversified student body, police force or other group—[[End justifies the means|justifies the means]].
  
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How the media portrays affirmative action and affirmative action cases plays a role in how the public responds to affirmative action.  There are claims that the practice is itself [[racism|racist]] or [[sexism|sexist]], or both, depending on how one defines those concepts. Others believe that programs may be motivated by [[politics|political]] considerations. Some members of races "assisted" by affirmative action feel that the program is an insult to them, because they feel that they are capable of becoming successful regardless of government's help.{{fact|date=March 2007}} Finally, critics and supporters disagree on the [[economics|economic]] effects of affirmative action. {{Fact|date=December 2006}}
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One justification for affirmative action is that a simple adoption of [[meritocracy|meritocratic]] principles along the lines of [[race-blind]]ness or [[gender-blind]]ness—or simply relying on elites to behave fairly—will not suffice to change the situation for several reasons: Discrimination practices of the past preclude the acquisition of "merit" by limiting access to educational opportunities and job experiences.<ref>Richard Delgado, "Merit and Affirmative Action," excerpted from ''The Coming Race War? And Other Apocalyptic Tales of America after Affirmative Action and Welfare'', NYU Press, 1996. &lt;http://academic.udayton.edu/race/04needs/affirm02.htm>: "formalist devices… enable the powerful to exclude from consideration past actions… that have effects even today which prevent some from entering the competition on equal terms."</ref> Ostensible measures of "merit" may well be biased toward the same groups who are already empowered.<ref>Susan Sturm and [[Lani Guinier]], "The future of affirmative action: Reclaiming the innovative ideal" originally published in the ''California Law Review'', July 1996, online as part of the Racetalks Initiatives on Guinier's site at Harvard University. &lt;http://www.law.harvard.edu/faculty/guinier/racetalks/future_aa01.htm></ref> Regardless of overt principles, people already in positions of power are likely to hire people they already know or people from similar backgrounds, or both.<ref>Lani Guinier, "Saving Affirmative Action; and a process for elites to choose elites," ''Village Voice'', July 2-July 8 2003. &lt;http://www.villagevoice.com/news/0327,guinier,45235,1.html>: "The worry is that as long as colleges and universities obscure the criteria on which they admit students, the elite are free to choose themselves and then legitimate those choices with a critical mass of people of color."</ref>
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The International [[Convention on the Elimination of All Forms of Racial Discrimination]] stipulates (in Article 2.2) that affirmative action programs may be required of states that have ratified the convention, in order to rectify systematic discrimination. It states, however, that such programs "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved." The United Nations Human Rights Committee states, "the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population. However, as long as such action is needed to correct discrimination, in fact, it is a case of legitimate differentiation under the Covenant."<ref>United Nations Committee on Human Rights, [http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/3888b0541f8501c9c12563ed004b8d0e?Opendocument General Comment 18 on Non-discrimination, Paragraph 10]</ref>
 
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An in-depth examination of the legal status of affirmative action, as well as the different kinds of programs that exist and their pros and cons, can be found in a paper written for the United Nations [[Sub-Commission on the Promotion and Protection of Human Rights]] by one of its members, Marc Bossuyt.<ref>[http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/0aaa7775daf0bcebc1256c0c0031c5bd?Opendocument United Nations Sub-Commission on the Promotion and Protection of Human Rights. Commission on Human Rights, <u>Economic and Social Council</u>, 17 June 2002]</ref>
 
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== Arguments In Favor of Affirmative Action ==
 
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"Affirmative action makes it fair for all candidates by making up for existing racism."
 
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"A diverse student body creates a better learning environment."
 
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"Affirmative action can help right past wrongs."
 
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"Affirmative action is an attempt to level the playing field for all groups."
 
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"Affirmative action is not discrimination because it aims to overcome preferential treatment through inclusion."
 
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== Arguments Against Affirmative Action ==
 
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"It is unfair to judge applicants based on race."
 
  
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"Affirmative action does not lead to true diversity."
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Also, affirmative action was designed to rectify past injustices. In the United States, affirmative action was implemented to attempt to even the economic playing field that had been unevenly distributed as a result of a history of chattel slavery and [[Jim Crow]] laws, designed to suppress people of color in the United States.
  
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"Affirmative action does not help the most disadvantaged minorities."
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===Arguments Opposed to===
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Despite the noble aims of affirmative action, there are many criticisms of the policy. Some say that it is unfair to judge people on race for any reason. Tthers say that race based judgments ignore other types of diversity. Along the same line is the criticism that affirmative action only helps minorities in the middle class. Some say affirmative action has led to people questioning the achievments of minorities. Finally, some critics claim that it is unfair to make members of the dominating group pay for 'the sins of their fathers.'
  
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"Affirmative action calls into question the achievements of minorities."
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Opponents claim that affirmative action has undesirable side-effects and that it fails to achieve its goals. They argue that it factors race into the decision-making process, perpetrates new wrongs to counter old ones, and undermines and calls into question the achievements of minorites. It may increase racial tension and benefit the more privileged people within [[minority groups]] (such as middle to upper-class blacks) at the expense of the disenfranchised within majority groups (such as lower-class whites). In the British 2001 Summer of Violence Riots in [[Oldham]], [[Bradford]], [[Leeds]] and [[Burnley]], one of the major complaints voiced in poor white areas was alleged discrimination in council funding which favoured minority areas. There has recently been a push among American states to ban racial or gender preferences in university admissions.  
  
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"Affirmative action disincentives minorities to earn higher test scores”
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Some also claim that, in college or professional admissions, it hurts those it intends to help, since it causes a "mismatch" effect by admitting minority students who are less qualified than their peers into more rigorous programs wherein they cannot keep up.  [[UCLA School of Law]] professor Richard Sander wrote several papers on this occurring in both the law schools themselves and in law firms.<ref>[http://www.law.ucla.edu/sander/ Research Areas and Publications] University of California-Los Angeles. Retrieved April 4, 2007.</ref> Sander's claim that this correlation exists is questionable to those who understand how affirmative action policies work. 
  
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"Affirmative action makes the next generations of ''[insert formerly or presently dominant group here]'' pay for
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How the media portrays affirmative action and affirmative action cases plays a role in how the public responds to affirmative action.  There are claims that the practice is itself [[racism|racist]] or [[sexism|sexist]], or both, depending on how one defines those concepts. Others believe that programs may be motivated by [[politics|political]] considerations. Some members of races "assisted" by affirmative action feel that the program is an insult to them, because they feel that they are capable of becoming successful regardless of government's help.
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the mistakes of the past."
 
  
 
==Implementation worldwide==
 
==Implementation worldwide==
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The International [[Convention on the Elimination of All Forms of Racial Discrimination]] stipulates (in Article 2.2) that affirmative action programs may be required of states that have ratified the convention, in order to rectify systematic discrimination. It states, however, that such programs "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved." The United Nations Human Rights Committee states, "the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population. However, as long as such action is needed to correct discrimination, in fact, it is a case of legitimate differentiation under the Covenant."<ref>United Nations Committee on Human Rights, [http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/3888b0541f8501c9c12563ed004b8d0e?Opendocument General Comment 18 on Non-discrimination, Paragraph 10]</ref>
  
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In some countries which have laws on racial equality, affirmative action is rendered illegal by a requirement to treat all races equally. This approach of equal treatment is sometimes described as being "[[race-blind]]," in hopes that it is effective against discrimination without engaging in [[reverse discrimination]].
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In some countries which have laws on racial equality, affirmative action is rendered illegal by a requirement to treat all races equally. This approach of equal treatment is sometimes described as being "[[race-blind]]," in hopes that it is effective against discrimination without engaging in [[reverse discrimination]]. In such countries, the focus tends to be on ensuring equal opportunity and, for example, targeted advertising campaigns to encourage ethnic minority candidates to join the police force. This is sometimes described as "positive action," as opposed to "positive discrimination."
  
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In such countries, the focus tends to be on ensuring equal opportunity and, for example, targeted advertising campaigns to encourage ethnic minority candidates to join the police force. This is sometimes described as "positive action," as opposed to "positive discrimination."
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*[[Brazil]]. Some Brazilian Universities (State and Federal) have created systems of preferred admissions (quotas) for racial minorities (blacks and native Brazilians), the poor and the handicapped. There are efforts to create quotas for the disabled in the civil public services.<ref>Plummer, Robert. "Black Brazil Seeks a Better Future." <u>BBC News, São Paulo</u> 25 September 2006. 16 November 2006 <http://news.bbc.co.uk/2/hi/americas/5357842.stm>.BBC. Retrieved April 4, 2007.</ref>
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*[[China]]. The People's Republic allows non-Han ethnic groups (around 9% of the population) to be exempt from the [[One-child policy]], and there is a quota for minority representatives in the [[National Assembly]] in Beijing, as well as other realms of government.  In addition the certain State run Universities, such as the [[Central University for Nationalities]], located in Beijing, operate on a quota system, with spots reserved for members of all of China's state recognized "Nationalities".<ref>[http://www.springerlink.com/content/x75520247r314066/ Fertility of rural China. Effects of local family planning and health programs] SpringerLink. Retrieved April 4, 2007.</ref>
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*[[Belgium]]. The [[Flanders|Flemish]] government proposed in January 2006 a measure that will make some job opportunities available exclusively to immigrants, disabled and elderly people for the first three weeks. {{Fact|date=December 2006}}
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*[[France]]. The French Ministry of Defense tried in 1990 to give more easily higher ranks and driving licenses to young French soldiers with North-African origins. After a strong protest by a young French lieutenant in the Ministry of Defense newspaper ("Armées d'aujourd'hui"), this driving license and rank project was canceled. It is called "la discrimination positive," there. Nowadays, all companies with at least 20 workers have to employ at least 6% of handicaped people.<ref>[http://www.state.gov/g/drl/rls/hrrpt/2004/41681.htm Country Reports on Human Rights Practices] US State Department. Retrieved April 4, 2007.</ref>
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*[[Brazil]]. Some Brazilian Universities (State and Federal) have created systems of preferred admissions (quotas) for racial minorities (blacks and native Brazilians), the poor and the handicapped. There are efforts to create quotas for the disabled in the civil public services.<ref>Plummer, Robert. "Black Brazil Seeks a Better Future." <u>BBC News, São Paulo</u> 25 September 2006. 16 November 2006 <http://news.bbc.co.uk/2/hi/americas/5357842.stm>.</ref>
 
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*[[Brunei]]. The [[Bumiputera]]s of Brunei are accorded special benefits through a variety of affirmative action programs. For instance, the [[Royal Brunei Armed Forces]] enlist only Bumiputeras.{{Fact|date=December 2006}}
 
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*[[China]]. The People's Republic allows non-Han ethnic groups (around 9% of the population) to be exempt from the [[One-child policy]], and there is a quota for minority representatives in the [[National Assembly]] in Beijing, as well as other realms of government.  In addition the certain State run Universities, such as the [[Central University for Nationalities]], located in Beijing, operate on a quota system, with spots reserved for members of all of China's state recognized "Nationalities".{{Fact|date=December 2006}}
 
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*[[France]]. The French Ministry of Defense tried in 1990 to give more easily higher ranks and driving licenses to young French soldiers with North-African origins. After a strong protest by a young French lieutenant in the Ministry of Defense newspaper ("Armées d'aujourd'hui"), this driving license and rank project was canceled. (article: [[Jean-Pierre Steinhofer]]: "Beur ou ordinaire").{{Fact|date=December 2006}}  It is called "la discrimination positive," there. Nowadays, all companies with at least 20 workers have to employ at least 6% of handicaped people.
 
 
*[[Germany]]. Article 3 of the [[Basic Law for the Federal Republic of Germany|German constitution]] provides for equal rights of all people regardless of sex, race or social background. In recent years there has been a long public debate about whether to issue programs that would grant women a privileged access to jobs in order to fight discrimination. There were programs stating that if men and women had equal qualifications, women had to be preferred for a job. The Government agreed on the details of an anti-discrimination law (Antidiskriminierungsgesetz; ADG) in May 2006, that aims at improving the protection of minorities. The draft follows EU-standards and has passed the [[Bundestag|German Parliament]] in August 2006.
 
*[[Germany]]. Article 3 of the [[Basic Law for the Federal Republic of Germany|German constitution]] provides for equal rights of all people regardless of sex, race or social background. In recent years there has been a long public debate about whether to issue programs that would grant women a privileged access to jobs in order to fight discrimination. There were programs stating that if men and women had equal qualifications, women had to be preferred for a job. The Government agreed on the details of an anti-discrimination law (Antidiskriminierungsgesetz; ADG) in May 2006, that aims at improving the protection of minorities. The draft follows EU-standards and has passed the [[Bundestag|German Parliament]] in August 2006.
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*[[Greece]]. has quotas setting a lower limit for women participating in election lists of political parties for most of the election processes.{{Fact|date=December 2006}}
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*[[India]].  Affirmative action has historically been implemented in India in the form of [[Reservation in India|reservation]] or quotas in government positions, employment and education for lower [[caste]]s and minorities.  
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*[[India]].  Affirmative action has historically been implemented in India in the form of [[Reservation in India|reservation]] or quotas in government positions, employment and education for lower [[caste]]s and minorities. ''Main article: Reservation in India''
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*[[Indonesia]]. In Indonesia, affirmative action programs give natives of Malay origin ([[Pribumi]]) preference over the [[Indonesian Chinese]] in the country.
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*[[Indonesia]]. In Indonesia, affirmative action programs give natives of Malay origin ([[Pribumi]]) preference over the [[Indonesian Chinese]] in the country.{{Fact|date=December 2006}}
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*[[Japan]]. Spots for universities as well as all government positions (including teachers) are determined by entrance exam, which is extremely competitive at the top level. It is illegal to include sex, ethnicity or other social background (but not nationality) in criteria. However, there are informal policies to provide employment and long term welfare (which is usually not available to general public) to [[Burakumin]] at municipality level.
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*[[Japan]]. Spot for universities as well as all the government position (including teachers) are determined by the entrance exam, which is extremely competitive at the top level. It is illegal to include sex, ethnicity or other social background (but not nationality) in criteria. However, there are informal policies to provide employment and long term welfare (which is usually not available to general public) to [[Burakumin]] at municipality level.
 
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*[[Republic of Macedonia|Macedonia]]. Minorities, most notably Albanians, are allocated quotas for access to state universities, as well as in civil public services.
 
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*[[Malaysia]]. The [[bumiputra]] laws are a form of affirmative action meant to provide more opportunity for the majority ethnic [[Malay people|Malay]] population versus the historical financial dominance of the [[Chinese Malaysian|Chinese]] population. However, Tun [[Dr Mahathir]] said that previous approach did not help them but spoiled them and scolded them during his tenure as a Prime Minister. He added that they should not rely on tongkat (crutches) but by their own effort to succeed in life.
 
 
*[[New Zealand]]. Individuals of [[Māori]] or other [[Polynesia]]n descent are often afforded preferential access to university courses, and scholarships.<ref name="cre">UK [[Commission for Racial Equality]] website "Affirmative action around the world" http://www.cre.gov.uk/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm</ref>
 
*[[New Zealand]]. Individuals of [[Māori]] or other [[Polynesia]]n descent are often afforded preferential access to university courses, and scholarships.<ref name="cre">UK [[Commission for Racial Equality]] website "Affirmative action around the world" http://www.cre.gov.uk/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm</ref>
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*[[Norway]]. All [[public company]] (ASA) boards with more than five members, must have at least 40 % women (can not be made up of more than 60%).<ref name="cre"/> This affects roughly 400 companies.
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*[[Norway]]. All [[public company]] (ASA) boards with more than five members, must have at least 40 % women (can not be made up of more than 60%). This affects roughly 400 companies.<ref name="cre"/>
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*[[Philippines]]. State universities implement a modified version of Affirmative Action. Secondary schools, both private and public schools, are each assigned a quota on how many students from that high school are accepted for admission, in addition to each student's score during the entrance examination. This was done to address the situation wherein a majority of the university school population was composed mostly of students who came from well-off families and private schools.{{Fact|date=December 2006}}
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*[[Philippines]]. State universities implement a modified version of Affirmative Action. Secondary schools, both private and public schools, are each assigned a quota on how many students from that high school are accepted for admission, in addition to each student's score during the entrance examination. This was done to address the situation wherein a majority of the university school population was composed mostly of students who came from well-off families and private schools.<ref>[http://www.hoover.org/publications/digest/3010426.html Affirmative Action Around the World.] Stanford University. Retrieved April 4, 2007.</ref>
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*[[Slovakia]]. The Constitutional Court declared in October 2005 that affirmative action i.e. "providing advantages for people of an ethnic or racial minority group" as being against its Constitution. [http://euobserver.com/9/20123] This is seen as an anti-[[Roma people|gipsy]] decision immediately following Roma hunger riots, which protested curtailing of social aids in Slovakia.{{Fact|date=December 2006}}
 
 
*[[South Africa]]. The Employment Equity Act and the [[Broad Based Black Economic Empowerment]] Act aim to promote and achieve equality in the workplace (in South Africa termed "equity"), by not only advancing people from designated groups but also specifically disadvancing the others. By legal definition, the designated groups include all people of color, white females, people with disabilities, and people from rural areas. The term "black economic empowerment" is somewhat of a misnomer, therefore, because it covers empowerment of any member of the designated groups, regardless of race. It is quota-based, with specific required outcomes. By a relatively complex scoring system, which allows for some flexibility in the manner in which each company meets its legal commitments, each company is required to meet minimum requirements in terms of representation by previously disadvantaged groups. The matters covered include equity ownership, representation at employee and management level (up to board of director level), procurement from black-owned businesses and social investment programs, amongst others.
 
*[[South Africa]]. The Employment Equity Act and the [[Broad Based Black Economic Empowerment]] Act aim to promote and achieve equality in the workplace (in South Africa termed "equity"), by not only advancing people from designated groups but also specifically disadvancing the others. By legal definition, the designated groups include all people of color, white females, people with disabilities, and people from rural areas. The term "black economic empowerment" is somewhat of a misnomer, therefore, because it covers empowerment of any member of the designated groups, regardless of race. It is quota-based, with specific required outcomes. By a relatively complex scoring system, which allows for some flexibility in the manner in which each company meets its legal commitments, each company is required to meet minimum requirements in terms of representation by previously disadvantaged groups. The matters covered include equity ownership, representation at employee and management level (up to board of director level), procurement from black-owned businesses and social investment programs, amongst others.
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*[[Turkey]]. Affirmative action programs give [[Bulgarians|Bulgarian]] immigrants and other minorities preference over natives.{{Fact|date=December 2006}}
 
 
*[[United Kingdom]]. Positive Discrimination is unlawful in the UK and quotas/selective systems are not permitted.<ref>Personneltoday.com "Is there a case for positive discrimination?" http://www.personneltoday.com/Articles/2006/01/17/33430/is-there-a-case-for-positive-discrimination.html</ref><ref name="cre"/>  A singular exception to this is a provision made under the 1998 [[Good Friday Agreement]] which requires that the [[Police Service of Northern Ireland]] recruit equal numbers of [[Roman Catholic Church|Catholics]] as non Catholics.  However a number of people are taking the UK Government to EU Human Rights for breaking the Human Rights Act and the Positive Discrimination Act.<ref>BBC News "Police recruitment 'will be 50:50'" 12 September 2001 http://news.bbc.co.uk/1/hi/northern_ireland/1540861.stm </ref>
 
*[[United Kingdom]]. Positive Discrimination is unlawful in the UK and quotas/selective systems are not permitted.<ref>Personneltoday.com "Is there a case for positive discrimination?" http://www.personneltoday.com/Articles/2006/01/17/33430/is-there-a-case-for-positive-discrimination.html</ref><ref name="cre"/>  A singular exception to this is a provision made under the 1998 [[Good Friday Agreement]] which requires that the [[Police Service of Northern Ireland]] recruit equal numbers of [[Roman Catholic Church|Catholics]] as non Catholics.  However a number of people are taking the UK Government to EU Human Rights for breaking the Human Rights Act and the Positive Discrimination Act.<ref>BBC News "Police recruitment 'will be 50:50'" 12 September 2001 http://news.bbc.co.uk/1/hi/northern_ireland/1540861.stm </ref>
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*[[United States]]. In the United States, affirmative action occurs in school admissions, job hiring, and government and corporate contracts.  Its intended beneficiaries are ethnic minorities, people with disabilities and veterans. Affirmative action has been the subject of numerous court cases, and has been contested on [[United States Constitution|constitutional]] grounds. A recent Supreme Court ruling in Michigan against some forms of affirmative action has required some colleges to set new admissions criteria. ''Main article: [[Affirmative action in the United States]]''
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*[[United States]]. In the United States, affirmative action occurs in school admissions, job hiring, and government and corporate contracts.  Its intended beneficiaries are ethnic minorities, people with disabilities and veterans. Affirmative action has been the subject of numerous court cases, and has been contested on [[United States Constitution|constitutional]] grounds. A recent Supreme Court ruling in Michigan against some forms of affirmative action has required some colleges to set new admissions criteria.
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==Notes and references==
 
==Notes and references==

Revision as of 00:42, 5 April 2007


Affirmative action refers to steps taken to eliminate discrimination—whether in employment, education, or contracting—but also to redress the effects of past discrimination. The underlying motive for affirmative action is the principle of equal opportunity, which holds that all persons have the right to equal access to self-development. In other words, persons with equal abilities should have equal opportunities.

Some groups who are targeted for affirmative action are characterized by race, gender, ethnicity, or disability status.

History

One could trace affirmative action like policy back to the Reconstruction amendments to the US Constitution. The 13th, 14th, and 15th amendments were written to integrate emancipated slaves into American society by prohibiting slavery, guaranteeing equal protection under the law, and forbidding racial discrimination in voting practices.

The Supreme Court case Plessy v. Ferguson in 1896 is the next example that could be considered affirmative action. In this case, the Supreme Court ruled that a policy of "separate but equal" treatment for racial minorities was acceptable. President Franklin Delano Roosevelt later signed an executive order stating that there was to be no discrimination in hiring for Defense contracts. The Supreme Court case Brown v. Board of Education in 1954 overturned the ideology of "separate but equal," and mandated the same, equal treatment for all. This can be seen as an extension of the 14th amendment.

The phrase "affirmative action" was first used by President Lyndon Johnson in the 1965 Executive Order 11246. The order required federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." Affirmative action does not mean that unqualified candidates are favored over qualified candidates. Affirmative action policies discourage discrimination against qualified minority candidates, and mandate inclusion. In 1967, Johnson expanded this policy to include women.[1]

A famous test case of affirmative action policies is the Regents of the University of California v. Bakke, which the Supreme Court decided in 1976. Allan Bakke had applied to the University of California-Davis Medical School two years in a row and was denied admission both times. Minority candidates were admitted who had scored lower on the school's admissions criteria. Bakke argued that their admission was an example of a quota for minorities. The ruling eliminated the use of quotas from use in affirmative action policies.

In 2006, nearly 60% of Michigan voters decided to ban affirmative action in university admissions. Michigan joined California, Florida, Texas, and Washington in banning the use of race or gender in admissions considerations.[2]

Controversy

Arguments in Favor Of

Proponents of affirmative action generally advocate it either as a means to address past discrimination or to enhance racial, ethnic, gender, or other diversity. They may argue that the end result—a more diversified student body, police force or other group—justifies the means.

One justification for affirmative action is that a simple adoption of meritocratic principles along the lines of race-blindness or gender-blindness—or simply relying on elites to behave fairly—will not suffice to change the situation for several reasons: Discrimination practices of the past preclude the acquisition of "merit" by limiting access to educational opportunities and job experiences.[3] Ostensible measures of "merit" may well be biased toward the same groups who are already empowered.[4] Regardless of overt principles, people already in positions of power are likely to hire people they already know or people from similar backgrounds, or both.[5]

Also, affirmative action was designed to rectify past injustices. In the United States, affirmative action was implemented to attempt to even the economic playing field that had been unevenly distributed as a result of a history of chattel slavery and Jim Crow laws, designed to suppress people of color in the United States.

Arguments Opposed to

Despite the noble aims of affirmative action, there are many criticisms of the policy. Some say that it is unfair to judge people on race for any reason. Tthers say that race based judgments ignore other types of diversity. Along the same line is the criticism that affirmative action only helps minorities in the middle class. Some say affirmative action has led to people questioning the achievments of minorities. Finally, some critics claim that it is unfair to make members of the dominating group pay for 'the sins of their fathers.'

Opponents claim that affirmative action has undesirable side-effects and that it fails to achieve its goals. They argue that it factors race into the decision-making process, perpetrates new wrongs to counter old ones, and undermines and calls into question the achievements of minorites. It may increase racial tension and benefit the more privileged people within minority groups (such as middle to upper-class blacks) at the expense of the disenfranchised within majority groups (such as lower-class whites). In the British 2001 Summer of Violence Riots in Oldham, Bradford, Leeds and Burnley, one of the major complaints voiced in poor white areas was alleged discrimination in council funding which favoured minority areas. There has recently been a push among American states to ban racial or gender preferences in university admissions.

Some also claim that, in college or professional admissions, it hurts those it intends to help, since it causes a "mismatch" effect by admitting minority students who are less qualified than their peers into more rigorous programs wherein they cannot keep up. UCLA School of Law professor Richard Sander wrote several papers on this occurring in both the law schools themselves and in law firms.[6] Sander's claim that this correlation exists is questionable to those who understand how affirmative action policies work.

How the media portrays affirmative action and affirmative action cases plays a role in how the public responds to affirmative action. There are claims that the practice is itself racist or sexist, or both, depending on how one defines those concepts. Others believe that programs may be motivated by political considerations. Some members of races "assisted" by affirmative action feel that the program is an insult to them, because they feel that they are capable of becoming successful regardless of government's help.

Implementation worldwide

The International Convention on the Elimination of All Forms of Racial Discrimination stipulates (in Article 2.2) that affirmative action programs may be required of states that have ratified the convention, in order to rectify systematic discrimination. It states, however, that such programs "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved." The United Nations Human Rights Committee states, "the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population. However, as long as such action is needed to correct discrimination, in fact, it is a case of legitimate differentiation under the Covenant."[7]

In some countries which have laws on racial equality, affirmative action is rendered illegal by a requirement to treat all races equally. This approach of equal treatment is sometimes described as being "race-blind," in hopes that it is effective against discrimination without engaging in reverse discrimination. In such countries, the focus tends to be on ensuring equal opportunity and, for example, targeted advertising campaigns to encourage ethnic minority candidates to join the police force. This is sometimes described as "positive action," as opposed to "positive discrimination."

  • Brazil. Some Brazilian Universities (State and Federal) have created systems of preferred admissions (quotas) for racial minorities (blacks and native Brazilians), the poor and the handicapped. There are efforts to create quotas for the disabled in the civil public services.[8]
  • China. The People's Republic allows non-Han ethnic groups (around 9% of the population) to be exempt from the One-child policy, and there is a quota for minority representatives in the National Assembly in Beijing, as well as other realms of government. In addition the certain State run Universities, such as the Central University for Nationalities, located in Beijing, operate on a quota system, with spots reserved for members of all of China's state recognized "Nationalities".[9]
  • France. The French Ministry of Defense tried in 1990 to give more easily higher ranks and driving licenses to young French soldiers with North-African origins. After a strong protest by a young French lieutenant in the Ministry of Defense newspaper ("Armées d'aujourd'hui"), this driving license and rank project was canceled. It is called "la discrimination positive," there. Nowadays, all companies with at least 20 workers have to employ at least 6% of handicaped people.[10]
  • Germany. Article 3 of the German constitution provides for equal rights of all people regardless of sex, race or social background. In recent years there has been a long public debate about whether to issue programs that would grant women a privileged access to jobs in order to fight discrimination. There were programs stating that if men and women had equal qualifications, women had to be preferred for a job. The Government agreed on the details of an anti-discrimination law (Antidiskriminierungsgesetz; ADG) in May 2006, that aims at improving the protection of minorities. The draft follows EU-standards and has passed the German Parliament in August 2006.
  • India. Affirmative action has historically been implemented in India in the form of reservation or quotas in government positions, employment and education for lower castes and minorities.
  • Indonesia. In Indonesia, affirmative action programs give natives of Malay origin (Pribumi) preference over the Indonesian Chinese in the country.
  • Japan. Spots for universities as well as all government positions (including teachers) are determined by entrance exam, which is extremely competitive at the top level. It is illegal to include sex, ethnicity or other social background (but not nationality) in criteria. However, there are informal policies to provide employment and long term welfare (which is usually not available to general public) to Burakumin at municipality level.
  • New Zealand. Individuals of Māori or other Polynesian descent are often afforded preferential access to university courses, and scholarships.[11]
  • Norway. All public company (ASA) boards with more than five members, must have at least 40 % women (can not be made up of more than 60%). This affects roughly 400 companies.[11]
  • Philippines. State universities implement a modified version of Affirmative Action. Secondary schools, both private and public schools, are each assigned a quota on how many students from that high school are accepted for admission, in addition to each student's score during the entrance examination. This was done to address the situation wherein a majority of the university school population was composed mostly of students who came from well-off families and private schools.[12]
  • South Africa. The Employment Equity Act and the Broad Based Black Economic Empowerment Act aim to promote and achieve equality in the workplace (in South Africa termed "equity"), by not only advancing people from designated groups but also specifically disadvancing the others. By legal definition, the designated groups include all people of color, white females, people with disabilities, and people from rural areas. The term "black economic empowerment" is somewhat of a misnomer, therefore, because it covers empowerment of any member of the designated groups, regardless of race. It is quota-based, with specific required outcomes. By a relatively complex scoring system, which allows for some flexibility in the manner in which each company meets its legal commitments, each company is required to meet minimum requirements in terms of representation by previously disadvantaged groups. The matters covered include equity ownership, representation at employee and management level (up to board of director level), procurement from black-owned businesses and social investment programs, amongst others.
  • United Kingdom. Positive Discrimination is unlawful in the UK and quotas/selective systems are not permitted.[13][11] A singular exception to this is a provision made under the 1998 Good Friday Agreement which requires that the Police Service of Northern Ireland recruit equal numbers of Catholics as non Catholics. However a number of people are taking the UK Government to EU Human Rights for breaking the Human Rights Act and the Positive Discrimination Act.[14]
  • United States. In the United States, affirmative action occurs in school admissions, job hiring, and government and corporate contracts. Its intended beneficiaries are ethnic minorities, people with disabilities and veterans. Affirmative action has been the subject of numerous court cases, and has been contested on constitutional grounds. A recent Supreme Court ruling in Michigan against some forms of affirmative action has required some colleges to set new admissions criteria.

Notes and references

  1. ↑ The Origins of Affirmative Action. National Organization of Women. Retrieved April 4, 2007.
  2. ↑ Affirmative action ban draws a challenge The National Law Journal. Retrieved April 4, 2007.
  3. ↑ Richard Delgado, "Merit and Affirmative Action," excerpted from The Coming Race War? And Other Apocalyptic Tales of America after Affirmative Action and Welfare, NYU Press, 1996. <http://academic.udayton.edu/race/04needs/affirm02.htm>: "formalist devices… enable the powerful to exclude from consideration past actions… that have effects even today which prevent some from entering the competition on equal terms."
  4. ↑ Susan Sturm and Lani Guinier, "The future of affirmative action: Reclaiming the innovative ideal" originally published in the California Law Review, July 1996, online as part of the Racetalks Initiatives on Guinier's site at Harvard University. <http://www.law.harvard.edu/faculty/guinier/racetalks/future_aa01.htm>
  5. ↑ Lani Guinier, "Saving Affirmative Action; and a process for elites to choose elites," Village Voice, July 2-July 8 2003. <http://www.villagevoice.com/news/0327,guinier,45235,1.html>: "The worry is that as long as colleges and universities obscure the criteria on which they admit students, the elite are free to choose themselves and then legitimate those choices with a critical mass of people of color."
  6. ↑ Research Areas and Publications University of California-Los Angeles. Retrieved April 4, 2007.
  7. ↑ United Nations Committee on Human Rights, General Comment 18 on Non-discrimination, Paragraph 10
  8. ↑ Plummer, Robert. "Black Brazil Seeks a Better Future." BBC News, São Paulo 25 September 2006. 16 November 2006 <http://news.bbc.co.uk/2/hi/americas/5357842.stm>.BBC. Retrieved April 4, 2007.
  9. ↑ Fertility of rural China. Effects of local family planning and health programs SpringerLink. Retrieved April 4, 2007.
  10. ↑ Country Reports on Human Rights Practices US State Department. Retrieved April 4, 2007.
  11. ↑ 11.0 11.1 11.2 UK Commission for Racial Equality website "Affirmative action around the world" http://www.cre.gov.uk/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm
  12. ↑ Affirmative Action Around the World. Stanford University. Retrieved April 4, 2007.
  13. ↑ Personneltoday.com "Is there a case for positive discrimination?" http://www.personneltoday.com/Articles/2006/01/17/33430/is-there-a-case-for-positive-discrimination.html
  14. ↑ BBC News "Police recruitment 'will be 50:50'" 12 September 2001 http://news.bbc.co.uk/1/hi/northern_ireland/1540861.stm

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