Monday, August 6, 2012

The Roots of employment discrimination - Part I


Part

Equal treatment as an idea of ​​justice goes back to Aristotle, who in his Politics, speaks of justice as equals for equals and inequality for unequals.

What today is known as anti-discrimination law has its origin in the United States after the end of the Second World War. You can talk about the same as the response in legal terms, to the riots staged mainly by the black minority in this country, riots contextualized and channeled into the struggle for Civil Rights.

A crucial aspect of antidiscrimination law is its group, ie through the same is not doing justice to situations of individuals belonging to the same group, but precisely what the anti-discrimination law attempts to alleviate the situation of injustice suffered by those who belong to a particular group compared to those who belong to another. But this feature - which, as noted, is the essential feature without which no sense to speak of an antidiscrimination law, shakes the legal structures built on a conception of equality of a liberal and based on the individual.

The clearest exponent of the imbalance that produces the Liberal law legal response to the injustice suffered by certain social groups we have in theorizing dogmatic doctrinal discrimination. This is usual in legal doctrine to distinguish a broad sense of discrimination, as equivalent to any violation of the general principle of equality and strict meaning, concerning the violation of equality, when any of the criteria of differentiation prohibited (race , sex, sexual orientation, religion).

There is no doubt that racism and xenophobia are serious problems that are raised today Europe and Spain in particular with the entry of North Africa. But if racism is racial discrimination and xenophobia is discrimination based on nationality, the debate will be required on discrimination.

Recommend no exercise racist is a fallacy, that when it comes from those in power becomes a clear exercise in hypocrisy, being responsible for them Aliens Act, and is becoming even obviate irresponsibility because the remaining perpetuate discrimination modes, knowing that the recommendations do not change behavior.

Discrimination: this is the issue that exists as a fact long before the word be created. Schematically, we can say that discrimination is systematically unfair conduct against a particular human group.

Discriminate against a social group is to deprive him of the same rights as other social groups: if black is prohibited from using the same bus as a target, it will be discrimination based on race, if society is organized so that the positions of responsibility are occupied by men, we face gender discrimination, and if the citizens of certain countries live in luxury and opulence while other regions do in misery and die of hunger, this is the result of international economic discrimination; there are countless forms of discrimination: disability, by religious affiliation, for sexuality, language discrimination.

Discrimination is a phenomenon of intergroup relations, relations between different social groups, and have their roots in the opinion that a group has over another. The groups in question may be inside of another larger society (women, elderly, poor, gay ...), or may be an external element (foreigners, immigrants, etc..) Generally prefer to think of the human mind through stereotypes, categories and prejudice, leading to an act of discrimination when applying these stereotypical views of other groups.

It is important therefore to investigate the origins of the opinion that a group has over another, Image Group, whether organizations (church, army), and on groups (followers of equipment), and on social categories (women, men, children, elderly), not forgetting the group's own image of himself, self-image. Therefore, it would be an abstract study of the roots of discrimination in two groups, A and B, dividing the study:

1 - Theories from the point of view of group A, group discriminator, 2 - Theories from the point of view of group B, the discriminated group, 3 - Theories from the point of view of the relations between group A and group B.

The issue has to do, ultimately, to coexistence. Who claims the right to discriminate, not only deteriorates the living, but is liable to be discriminated against by other groups, because the act of discrimination pervades everyday life, as we have seen so many comments occasionally "in passing" , which is not left in very good place to those who do not agree with the approach generally accepted by all.

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