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Standard conceptions of discrimination cannot account for all that is morally wrong about discrimination, as they cannot explain how individual acts of discrimination wrong not only their direct target but also all members of the targeted social group. In response to this lacuna, I develop a comprehensive account according to which discrimination consists of two interdependent wrongs: to discriminate against B, A must, first, treat B worse than C in a way that is grave enough to make this differential treatment morally wrong; and second, A must do so in a way that is disrespectful to B and to the social group B is perceived to belong to.
Chapter 7 considers the severity threshold in the Act. Examining how the law establishes severity, it asks whether the threshold can be justified – particularly given that the Act’s standard definition of disability (which is based on functional deficit) applies a lower threshold of substantiality. It argues that the severity threshold is out of step with the lived experience of visible difference and explores whether the concept of perceptive discrimination can be used to bypass this problematic threshold. This chapter also addresses the problem of complex conditions – those which include both an aspect of disfigurement and of function – and concludes that, mirroring academic debate about the rigidity of models of disability, the law’s approach is not flexible enough to encompass all types of disabling barrier holistically.
Chapter 4 draws on both existing research and semi-structured interviews with people with visible differences to explain what we know about the human experience – both psychological and social – of having a disfigurement. For instance, are particular types of disfigurement more vulnerable to discrimination than others? Are certain life contexts impacted more acutely? Are coping mechanisms commonly used? It considers the link between physical appearance and perceived personality traits. And it challenges common assumptions – like the idea that more severe disfigurements are always worse to live with (an erroneous assumption which lives on undaunted in the law). Despite methodological difficulties in researching such a dynamic and underexplored area, this chapter identifies significant disadvantages in looking different. With this in mind, this chapter probes how people with lived experience of visible difference understand their experiences and relate them to the law. Exploring the legal consciousness of this group of people provides a partial insight into the low numbers of claims brought under the relevant part of equality law. It interrogates the gulf between what the law says on paper and how it works in real life, revealing tensions and mixed messages which undermine law’s potential for effectiveness.
Worldwide, more than 125 countries have enacted legal provisions against disability-based discrimination; such legislation was also a core demand of Japanese and Korean disability rights activism. Despite the rapid diffusion of non discrimination norms, we know less about why their forms vary and how they have affected rights-claiming options. Through a paired comparison of activism surrounding statutes enacted in Korea and Japan in 2007 and 2013, respectively, Chapter 5 shows how advocacy for such legislation and related litigation transformed governance and created legal opportunities. To a greater extent in Korea than in Japan, people with disabilities gained non discrimination rights, mechanisms for redressing discrimination, support from NGOs and state agencies, and the legal tools with which to solidify and expand anti discrimination protections in court and through statutory revisions.
This article explores the extent to which listeners vary in their ability to notice, identify and discriminate variable linguistic features. With a view to improving speaker evaluation studies (SES), three types of experiments were conducted (noticing tasks, identification tasks and discrimination tasks) with regard to variable features using word- or sentence-based stimuli and focusing on three variables and their variants – (ING): [ɪŋ], [ɪn]; (T)-deletion: [t], deleted-[t]; (K)-lenition: [k], [x]. Our results suggest that the accurate noticing, identifying and discriminating of variants is somewhat higher in words than in sentences. Correctness rates differ drastically between variants of a variable. For (ING), the non-standard variant [ɪn] is more frequently identified and noticed correctly. Yet, for the variables (T)-deletion and (K)-lenition, the standard variants are identified and noticed more successfully. Results of the current study suggest that a more rigorous elicitation of identification and noticing abilities might be useful for a more complete understanding of the nature of social evaluation.
Postpartum depression is prevalent among Black women and associated with intersecting systemic factors and interpersonal discrimination. However, gaps remain in understanding pregnancy-related changes in discrimination experiences that influence postpartum mental health and could inform preventive interventions. We hypothesized that young Black women would experience increasing levels of discrimination across the transition to parenthood, heightening depression risk relative to non-pregnant peers.
Methods
Participants comprised 335 Black primiparous women (ages 17-30 at delivery) and 335 age- and discriminationmatched non-pregnant controls from the Pittsburgh Girls Study. Self-reported discrimination experiences were collected at four timepoints: two years pre-pregnancy, one year pre-pregnancy, pregnancy, and one year postpartum for the childbearing sample, with corresponding data from the non-pregnant sample across the same interval (matched pairwise).
Results
Linear increases in discrimination were observed for the nonpregnant participants (BS = .480, SE = .090, p <.001), while childbearing participants showed no overall changes, though younger age predicted greater increases over time. For childbearing participants, both baseline discrimination (BI = .626, SE = .077, p < .001) and increasing discrimination (BS = 2.55, SE = .939, p < .01) predicted postpartum depressive symptoms, controlling for pre-pregnancy depression. Among non-pregnant participants, only baseline discrimination predicted later depression (BI = .912, SE = .081, p < .001).
Conclusions
Experiencing increasing levels of interpersonal discrimination across the transition to parenthood may heighten postpartum depression risk among young Black women, indicating a need for interventions supporting well-being and promoting resilience before, during and after pregnancy.
This paper introduces the concept of self-fulfilling testimonial injustice: a distinctive form of epistemic injustice whereby credibility deficits become true by shaping the very conditions that sustain them. Much of the literature on testimonial injustice has rightly emphasized cases in which credibility deficits are rooted in false beliefs, themselves underwritten by ethically bad affective investments. Yet such a focus risks obscuring a structurally significant variant: namely, those credibility deficits that are rendered true through self-fulfilling mechanisms. Drawing on insights from economics and psychology, I distinguish between motivated cognition-based and cognitive bias-based testimonial injustice, which together furnish the background conditions under which self-fulfilling testimonial injustice can take hold. I develop this account by drawing on both theoretical and experimental work on labor market discrimination, which illuminates the ways in which credibility deficits may become self-fulfillingly entrenched. Finally, I explore the distinctive harms of this form of injustice, focusing on its corrosive effects on epistemic self-confidence or self-trust and epistemic self-esteem, and suggest that its insidiousness and relative invisibility render it both difficult to detect and potentially more pervasive than has hitherto been acknowledged.
StopAsianHate protests arose in the West during the COVID-19 pandemic, opposing a perceived increase in hate incidents directed against Asians in general and Chinese people in particular. These events raise a question: what is the nature of attitudinal biases about Chinese people in the English-speaking world today? Here, we seek answers with AI and big data. Using BERT language models pre-trained on massive English-language corpora (books, news articles, Wikipedia, Reddit and Twitter) and a new method for measuring natural-language propositions (the Fill-Mask Association Test, FMAT), we examined three components of attitudinal biases about Chinese people: stereotypes (cognitive beliefs), prejudice (emotional feelings) and discrimination (behavioural tendencies). The FMAT uncovered relative semantic associations between Chinese people and (1) cognitive stereotypes of low warmth (less moral/trustworthy and less sociable/friendly) and somewhat low competence (less assertive/dominant but equally capable/intelligent); (2) affective prejudice of contempt (vs admiration); and (3) behavioural discrimination of active/passive harm (vs help/cooperation). These findings advance our understanding of attitudinal biases towards Chinese people in the English-speaking world.
Antisemitism was a determining feature of Nazi ideology. The racial state was to be established through the so-called “Judenpolitik,” which aimed to “reduce Jewish influence,” make life for Jews in Germany difficult or impossible, and eventually drive Jews out of Germany. Although this policy was directly inspired by Hitler’s own thinking and by Nazi ideology, the resulting discrimination and persecution, culminating in genocide, was not a linear top-down process but rather the result of a dynamic interaction between central Nazi Party and state institutions, often triggered by bottom-up initiatives by local party activists at municipal level. Terror against Jews was used to drive this policy. It encompassed coercion and violence against Jews or people considered to be Jewish accompanied by legal measures to oust Jews from public life in Germany, reflecting what émigré lawyer Ernst Fraenkel described as a “dual state”: a “state of measure or action,” which used terror to quench opposition and fight “racial opponents,” and the “state of norms,” which employed legislation to achieve its aims while preserving legal certainty in order to avoid antagonizing majority society.
Since 1996, international human rights law (IHRL) has attempted to address caste-based discrimination through the rubric of racial discrimination by reading caste into ‘descent’ under Article 1(1) of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). However, this framing of discrimination remains inadequate. The Committee on Elimination of Racial Discrimination (CERD) and the UN Sub-Commission for the Promotion and Protection of Human Rights sought to identify caste-based discrimination by identifying practices of untouchability without analysing caste as a system of entitlement to knowledge, wealth, and land. Therefore, IHRL envisioned caste-based discrimination as primarily inflicting recognition harms on its victims. This meant that even material manifestations of caste-based discrimination were framed as consequences of untouchability. Furthermore, the creative legal move to read caste into ‘descent’ meant deracinating caste from its particular context in South Asia — where it remains imbricated with Brahmanical Hinduism1 — into a general form of ‘descent’ like any other ascriptive category. This process of abstraction erases the interdigitation of caste and Hinduism. These two moves mean IHRL remains ill-equipped to identify, let alone redress, caste-based discrimination.
This essay first describes how legislation and doctrine create the temptation to build “like race” or “like sex” paradigms for age. It then argues that advocates should resist this temptation for both empirical and strategic reasons. It demonstrates how unmooring the age discrimination paradigm from traditional civil rights models allows us to apprehend it better by considering the distinctive fears older individuals conjure about our own mortality. Finally, it considers how such insights might be incorporated into antidiscrimination law and politics.
The chapter provides a novel account of perceptual discrimination (krinein) in Aristotle. Against the widespread view that the most basic perceptual acts consist in noticing differences between two or more perceived qualities, I argue that discrimination is for Aristotle more like sifting, winnowing on a sieve: it consists in identifying – with an ultimate authority – the quality of an external object as distinct from any other quality of the given range that the object could have. The chapter further explores how the notion of discrimination is embedded by Aristotle within his causal assimilation model of perception. I argue that the central notion of a discriminative mean (mesotēs), introduced in An. 2.11, is intended to capture the role of the perceptive soul as the controlling factor of a homeostatic mechanism underlying perception. As such the notion lays the groundwork for resolving the apparent conflict between the passivity of perception and the impassivity of the soul (as analysed in Chapter 5). The prospect is further explored in Chapter 7. The present chapter concludes by arguing that Aristotle conceives perceptual discrimination as a holistic assessment of the external object acting on the perceiver, including those of its features which are not causally efficacious.
Research shows that attractive women may face disadvantages in male-dominated contexts or those stereotypically associated with masculinity, because they tend to be ascribed more stereotypically feminine character traits and capabilities. This is known as the “beauty is beastly effect.” However, its impact on political elections remains largely unexamined. This study investigates whether such an effect exists for female candidates in Germany, where political competition is male-dominated and rewards stereotypically masculine traits. Using a comprehensive data set from the 2005 to 2021 federal elections, we empirically test for interactions between gender and physical attractiveness. Despite extensive multilevel analyses, no evidence was found for the “beauty is beastly effect” in this context. Nevertheless, positive main effects suggest female candidates may still face disadvantages. Possible explanations for these findings are discussed.
Diversity policies have become a common element of public policy-making in Europe. At the European, national, regional and local levels, efforts are made to meet demands arising from a growing socio-cultural diversity and to ensure more equal participation of disadvantaged groups. And yet, little is known about the reception of such policies among the general public. This article addresses this gap. Based on an original and representative survey conducted in German cities, we examine the extent and structure of popular support for a range of diversity policies. Our results demonstrate that the German urban population altogether supports diversity policies, although unevenly across policy items. Somewhat surprisingly, it is not membership in groups expected to benefit from a diversity policy that mainly drives supportive attitudes, but general views on social equality and intergroup contact.
This article explores the longstanding relationship between Buddhism and disasters in Japan, focusing on Buddhism's role in the aftermath of the Asia-Pacific War and the Tohoku disaster of March 2011. Buddhism is well positioned to address these disasters because of its emphasis on the centrality of suffering derived from the impermanent nature of existence. Further, parallels between certain Buddhist doctrines and their current, disaster-related cultural expressions in Japan are examined. It is also suggested that Japanese Buddhism revisit certain socially regressive doctrinal interpretations.
This research note presents the results of audit studies that were conducted with the constituency offices of provincial and federal elected representatives across Canada. We investigate whether individuals from ethnic minority groups, the LGBTQ+ community and French or English speakers are discriminated against when contacting their constituency office for administrative services. Survey experiments administered to both candidates of the 2021 Canadian election and a representative sample of Canadian citizens complement these studies. Our results indicate the absence of discrimination towards constituents from an ethnic minority or who identify with the LGBTQ+ community. We found, however, that emails sent in French were less likely to be answered by Members of Parliament (MPs) than those sent in English. Constituency offices of anglophone MPs and those representing ridings with a small proportion of francophones were significantly less likely to respond to French emails. A similar pattern, albeit more moderate, is observed among constituency offices of francophone MPs in response to English emails. The survey experiments show similar discrimination from citizens but less so from candidates.
Recent increases in homophobic and transphobic harassment, hate crimes, anti-lesbian, gay, bisexual, transgender, gender nonconforming, and queer (LGBTQ+) legislation, and discrimination in healthcare toward LGBTQ+ persons require urgent attention.
This study describes seriously ill LGBTQ+ patients’ and partners’ experiences of discriminatory care delivered by healthcare providers.
Methods
Qualitative data from a mixed-methods study using an online survey were analyzed using a grounded theory approach. Seriously ill LGBTQ+ persons, their spouses/partners and widows were recruited from a wide range of organizations serving the LGBTQ+ community. Respondents were asked to describe instances where they felt they received poor care from a healthcare provider because they were LGBTQ+.
Results
Six main themes emerged: (1) disrespectful care; (2) inadequate care; (3) abusive care; (4) discriminatory care toward persons who identify as transgender; (5) discriminatory behaviors toward partners; and (6) intersectional discrimination. The findings provide evidence that some LGBTQ+ patients receive poor care at a vulnerable time in their lives. Transgender patients experience unique forms of discrimination that disregard or belittle their identity.
Significance of Results
Professional associations, accrediting bodies, and healthcare organizations should set standards for nondiscriminatory, respectful, competent, safe and affirming care for LGBTQ+ patients. Healthcare organizations should implement mechanisms for identifying problems and ensuring nondiscrimination in services and employment; safety for patients and staff; strategies for outreach and marketing to the LGBTQ+ community, and ongoing staff training to ensure high quality care for LGBTQ+ patients, partners, families, and friends. Policy actions are needed to combat discrimination and disparities in healthcare, including passage of the Equality Act by Congress.
We analyze a formal model of social contact and discrimination in the context of policing. Officers decide how to interact with members of two social groups while working and while socializing. The officers do not fully distinguish between their experiences of crime across these two contexts (“coarse thinking”), so they end up with excessively positive views of groups they socialize with and excessively negative views of those they police. This creates dual feedback loops as officers choose to socialize more with groups they view favorably and over-police those they view as “more criminal.” Interventions that induce positive contact with an overpoliced group can mitigate the officer’s discriminatory policing. However, this beneficial effect only persists if the policy intervention creates sustained positive contact. Our results provide a novel theoretical microfoundation for the contact hypothesis and highlight why effects of many policy interventions aimed at increasing positive contact may be short-lived.
The definition of genocide in the 1948 Convention requires that at least one of the punishable acts listed in the paragraphs of article II be committed with the specific intent or dolus specialis to destroy the protected group. This high threshold is often difficutl to prove, notably when the evidence of intent is essentially circumstantial and based upon infererences drawn from a pattern of conduct. International courts and tribunals have taken the view that this intent must be to destroy the group physically, rejecting an approach whereby it is sufficient to deprive the group of its culture, its language or its ancestral territory. The definition accepts that the intended destruction be ’in whole or in part’, to which case law has added the requirement that this be a ’substantial part’. The words ’as such’ conclude the definitiion; they have been considered to point to a requirement of racist or discriminatory motive.
The use of religious symbols has sparked heated debate and numerous judicial cases across Europe. Early case law from the European Court of Human Rights (ECtHR) has been criticised for allegedly employing biased discourses. However, it remains unclear whether such biased discourses are present in recent ECtHR rulings or in comparable decisions by the European Court of Justice (ECJ). This article applies Critical Discourse Analysis, a linguistic and social science approach, to examine the narratives used by the ECtHR and ECJ in cases involving religious symbols. It argues that religious and gender biases are pervasive in ECtHR judgements. While the ECJ generally employs neutral language, biased discourses occasionally emerge in the ‘subtext’ of its decisions. These biases are not incidental but serve as strategic tools within judicial narratives, reinforcing the argumentative legitimacy of rulings for audiences influenced by societal prejudices.