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Institutional Racism and Duties to Promote Equality

Institutional Racism and Duties to Promote Equality. Mark Bell . Racism and discrimination. Racism as ideology Discrimination as behaviour Individual acts Institutional practices Institutional racism Focus on outcomes Structural disadvantage. Institutional racism and law .

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Institutional Racism and Duties to Promote Equality

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  1. Institutional RacismandDuties to Promote Equality Mark Bell

  2. Racism and discrimination • Racism as ideology • Discrimination as behaviour • Individual acts • Institutional practices • Institutional racism • Focus on outcomes • Structural disadvantage

  3. Institutional racism and law • Anti-discrimination legislation tends to focus on individual acts of discrimination • proving who is at fault • compensating identified victims • reactive • depends upon litigation

  4. Duties to promote equality • ‘positive’ obligation on organisations • Not enough to refrain from discrimination • Focused on group outcomes • Premised on the mainstreaming approach • Participation of affected communities

  5. An example: the British race equality duty • General duty on public bodies: • Eliminate discrimination & promote equality • Promote good relations(S. 71(1) Race Relations Act 1976) • Specific duties • Data collection • Impact assessment • Race Relations Act 1976 (Statutory Duties) Order 2001 (No. 3458)

  6. Progress so far … • Putting it into practice: • Enforcement • Incorporating diversity

  7. Further information • Commission for Racial Equality: ‘The Race Equality Duty’: http://www.cre.gov.uk/duty/index.html • S Fredman, ‘Changing the norm: positive duties in equal treatment legislation’ (2005) 12 Maastricht Journal of European and Comparative Law 369 • H Hill, Blackstone’s Guide to the Race Relations (Amendment) Act 2000 (Oxford: Oxford University Press, 2001)

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