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'{{For|the history and implementation of affirmative action in the U.S.|Affirmative action in the United States}} {{Weasel|date=May 2010}} {{Expert-subject-multiple|Sociology|Politics|date=January 2010}} '''Affirmative action''' refers to policies that take factors including "race, color, and everyone can kiss my butt religion, gender , or national origin"<ref name="The Federal Register">{{cite web | publisher = The Federal Register | title = Executive Order 11246--Equal employment opportunity | url = http://www.archives.gov/federal-register/codification/executive-order/11246.html | accessdate = 5/2/2010}}</ref> into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of [[discrimination]]. The focus of such policies ranges from employment and education to public contracting and health programs. ==Origins== The term "affirmative action" originated in the [[United States]]. It first appeared in [[Executive Order 10925]], which was signed by President [[John F. Kennedy]] on March 6, 1961, and it was used to refer to measures to achieve non-discrimination. In 1965, President [[Lyndon Johnson]] issued [[Executive Order 11246]] which required federal contractors to take "affirmative action" to hire without regard to race, religion and national origin. In 1968, gender was added to the anti-discrimination list.<ref>{{cite web |url=http://clinton2.nara.gov/WH/EOP/OP/html/aa/aa02.html |title=Affirmative Action: History and Rationale |publisher=Clinton Administration's Affirmative Action Review: Report to the President |date=July 19, 1995}}</ref> Matching procedures in other countries are also known as '''reservation''' in India, '''positive discrimination''' in the United Kingdom and '''employment equality''' in Canada. ==Purpose== Affirmative action is an attempt to promote [[equal opportunity]]. It is often instituted in government and educational settings to ensure that [[minority group]]s within a society are included in all programs. The justification for affirmative action is to compensate for past [[discrimination]], [[persecution]] or [[exploitation]] by the ruling class of a culture,<ref>Sowell, Thomas (2004). Affirmative Action Around the World: An Empirical Study, Yale University Press, ISBN 0-300-10199-6</ref> or to address existing discrimination.<ref name="Affirmative Action">{{cite web|url=http://plato.stanford.edu/entries/affirmative-action/|title=Affirmative Action|publisher=Staford Encyclopedia of Philosophy|date=April 1, 2009}}</ref> ==International policies== 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 countries 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/animals 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> ==National approaches== In some countries which have laws on racial equality, affirmative action is rendered illegal because it doesn't treat all races equally. This approach of equal treatment is sometimes described as being "[[Color blindness (race)|color 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." ===The Americas=== *[[Brazil]]. Some Brazilian Universities (State and Federal) have created systems of preferred admissions (quotas) for racial minorities (blacks and native Brazilians), the poor and people with disabilities. There are already quotas of up to 20% of vacancies reserved for the disabled in the civil public services.<ref>Plummer, Robert. [http://news.bbc.co.uk/2/hi/americas/5357842.stm"Black Brazil Seeks a Better Future."] BBC News São Paulo, 25 September 2006. 16 November 2006</ref> The [[Democrats (Brazil)|Democrats]] party, accusing the board of directors of [[University of Brasília]] of "nazism", questioned the [[constitutionality]] of the quotas the University reserves to minorities on the [[Supreme Federal Court]].<ref>[http://www.conjur.com.br/2009-jul-20/dem-unb-ressuscitou-ideais-nazistas-suspensao-matriculas "DEM entra com ADPF contra cotas raciais"]</ref> *[[Canada]]. The equality section of the [[Canadian Charter of Rights and Freedoms]] explicitly permits affirmative action type legislation, although the Charter does not ''require'' legislation that gives preferential treatment. Subsection 2 of [[Section Fifteen of the Canadian Charter of Rights and Freedoms|Section 15]] states that the equality provisions do "not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability." The [[Canadian Employment Equity Act]] requires employers in federally-regulated industries to give preferential treatment to four designated groups: Women, people with disabilities, aboriginal people, and [[visible minorities]]. In most Canadian Universities, people of Aboriginal background normally have lower entrance requirements and are eligible to receive exclusive scholarships. Some provinces and territories also have affirmative action-type polices. For example, in [[Northwest Territories]] in the Canadian north, aboriginal people are given preference for jobs and education and are considered to have P1 status. Non-aboriginal people who were born in the NWT or have resided half of their life there are considered a P2, as well as women and disabled people.<ref>[http://www.hr.gov.nt.ca/employment/affirmativeaction/ GNWT - Human Resources - Affirmative Action]</ref> See also, [[Employment equity (Canada)|Employment equity in Canada]]. {{anchor|United States}} {{Main|Affirmative action in the United States}} *[[United States]]. Affirmative action was first established in [[Executive Order 10925]], which was signed by [[President John F. Kennedy]] on March 6, 1961 and required government contractors to "not discriminate against any employee or applicant for employment because of race, creed, color, or national origin" as well as 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".<ref>{{cite web | publisher = U.S. Equal Employment Opportunity Commission | title = Executive Order 10925 - Establishing The President's Committee On Equal Employment Opportunity | url = http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-10925.html | accessdate = 5/2/2010}}</ref> This executive order was superseded by [[Executive Order 11246]], which was signed by [[President Lyndon B. Johnson]] on September 24, 1965 and affirmed the Federal Government's commitment "to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency".<ref name="The Federal Register"/> It is notable that affirmative action was not extended to women until [[Executive Order 11375]] amended Executive Order 11246 on October 13, 1967, expanding the definition to include "sex." As it currently stands, affirmative action through Executive Order 11246 applies to "race, color, religion, sex, or national origin." In the U.S., affirmative action's original purpose was to pressure institutions into compliance with the nondiscrimination mandate of the [[Civil Rights Act of 1964]].<ref name="Affirmative Action"/> The Civil Rights Acts do not cover veterans, people with disabilities, or people over 40. These groups are protected from discrimination under different laws.<ref>{{cite web|url=http://employeeissues.com/discrimination_laws.htm|title=Federal Employment Discrimination Laws|publisher=EmployeeIssues.com|accessdate=May 18, 2010}}</ref> Affirmative action has been the subject of numerous court cases,<ref>[http://www.indystar.com/apps/pbcs.dll/article?AID=/20080205/LOCAL/80205048 Indy fire-fighters sue city, charge bias; also see [[Norma M. Riccucci]]. Managing Diversity in Public Sector Workforces. Boulder, CO: Westview Press, 2002]</ref> and has been contested on [[United States Constitution|constitutional]] grounds. In 2003, a Supreme Court decision concerning affirmative action in universities allowed educational institutions to consider race as a factor in admitting students, but ruled that strict point systems are unconstitutional.<ref>[http://supct.law.cornell.edu/supct/03highlts.html#2 Highlights of the 2002-2003 Supreme Court Term]</ref> Conservatives say that state officials have widely disobeyed it. Alternatively, some colleges use financial criteria to attract racial groups that have typically been under represented and typically have lower living conditions. Some states such as California ([[California Civil Rights Initiative]]) and Michigan ([[Michigan Civil Rights Initiative]]) have passed constitutional amendments banning affirmative action within their respective states. A study conducted at the University of Chicago in 2003 found that people with "black-sounding" names such as Lakisha and Jamal are 50 percent less likely to be interviewed for a job compared to people with "white-sounding" names such as Emily or Greg.<ref>{{cite news |url=http://edition.cnn.com/2010/LIVING/05/26/naming.names.importance/?hpt=Sbin |author=Stephanie Chen |title=Does your name shape your destiny? |publisher=CNN |date=May 26, 2010}}</ref> ===South Asia=== *[[India]]{{Main|Reservation in India}} *[[Sri Lanka]]. In 1971 the Standardization policy of Sri Lankan universities was introduced as an affirmative action program for students from areas which had poor educational facilities due to 200 years purposeful discrimination by [[United Kingdom|British]] [[colonialist]]s. The British had practised [[communal]] favoritism towards Christians and the minority [[Tamil people|Tamil community]] for the entire 200 years they had controlled Sri Lanka, as part of a policy of [[divide and conquer]]. ===East Asia=== *[[Japan]]. Admission to universities as well as all government positions (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. *[[People's Republic of China]]. "Preferential policies" required some of the top positions in governments be distributed to [[Ethnic minorities in China|ethnic minorities]] and women. Also, many universities are required by government to give preferred admissions to ethnic minorities.<ref>[http://www.moe.gov.cn/edoas/website18/30/info26630.htm2007 Graduate Student Admission Ordainment - Ministry of Education, PRC]</ref><ref>[http://www.mzzjw.gd.gov.cn/mzjy/ShowArticle.asp?ArticleID=541 Ethnic and Religious Affairs Commission of Guangdong Province]</ref> *[[South Korea]]. Admission to universities is also determined by the strict entrance exam, which is extremely competitive at the top level. But most of all Korean universities at the top level are adapting some affirmative actions in cases of Chinese ethnic minority, North Korean refugees, etc. in their recruiting new students. Besides, national universities have been pressed by the Korean government, so now they are trying to meet the governmental goal which is to recruit a proportion of female professors. ===South East Asia and Oceania=== *[[Malaysia]]. The [[Malaysian New Economic Policy]] or NEP serves as a form of affirmative action. Malaysia is the only other country (other one being South Africa) in the world which provides affirmative action to the majority because in general, the Malays have lower income than the Chinese who have traditionally been involved businesses and industries.<ref>[http://www.nationsencyclopedia.com/economies/Asia-and-the-Pacific/Malaysia-POVERTY-AND-WEALTH.html Encyclopedia of the Nations, "Malaysia Poverty and Wealth"]</ref> Malaysia is a multiethnic country, with [[Malay (ethnic group)|Malay]]s making up the majority of close to 52% of the population. About 30% of the population are [[Chinese Malaysian|Malaysians of Chinese descent]], while [[Indian Malaysian|Malaysians of Indian descent]] comprise about 8% of the population. Government policy provides preferential placement for ethnic Malays, and 95% of all new intakes for the army, hospital nurses, police, and other government institutions are Malays. As of 2004, only 7% of all government servants are ethnic Chinese, a drop from 30% in 1960. All eight of the directors of the national petroleum company, [[Petronas]], are Malays, and only 3% of Petronas employees are Chinese. Additionally, 95% of all government contracts are awarded to ethnic Malays.<ref>[http://www.perspectives.com/forums/view_topic.php?id=128113&forum_id=89 Bumiputra Policy in Malaysia]</ref> (''See also [[Bumiputra]]'') The mean income for Malays, Chinese and Indians in 1957/58 were 134, 288 and 228 respectively. In 1967/68 it was 154, 329 and 245, and in 1970 it was 170, 390 and 300. Mean income disparity ratio for Chinese/Malays rose from 2.1 in 1957/58 to 2.3 in 1970, whereas for Indians/Malays the disparity ratio also rose from 1.7 to 1.8 in the same period.<ref>Perumal, M., 1989, 'Economic Growth and Income Inequality in Malaysia, 1957–1984', Singapore. Economic Review, Vol.34, No.2, pp.33–46.</ref> The Malays viewed Independence as restoring their proper place in their own country's socioeconomic order while the non-Malays were opposing government efforts to advance Malay political primacy and economic welfare. The rising tension and resentment of the Malays for the Chinese and vice versa culminated in the vicious riots of 13 May 1969.<ref>Income Inequality and Poverty in Malaysia by Shireen Mardziah Hashim</ref> *[[New Zealand]]. Individuals of [[Māori people|Māori]] or other [[Polynesia]]n descent are often afforded improved access to university courses, or have scholarships earmarked specifically for them.<ref name="cre">UK [[Commission for Racial Equality]] website [http://www.cre.gov.uk/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm "Affirmative action around the world"]</ref> ===Europe=== *[[Finland]]. In certain university education programs, including legal and medical education, there are quotas for Swedish-speaking applicants. The aim of the quotas is to guarantee that a sufficient number of Swedish speaking professionals are educated, thus safeguarding the linguistic rights of the [[Swedish-speaking Finns]]. The quota system has met with criticism from the Finnish speaking majority, some of whom consider the system unfair. In addition to these linguistic quotas, women may get preferential treatment in recruitment for certain public sector jobs if there is a gender imbalance in the field. *[[France]]. No distinctions based on race, religion or sex are allowed under the 1958 [[French Constitution]].{{Citation needed|date=March 2008}} Since the 1980s, a French version of affirmative action based on neighborhood is in place for primary and secondary education. Some schools, in neighborhoods labeled "Prioritary Education Zones", are granted more funds than the others. Students from these schools also benefit from special policies in certain institutions (such as [[Sciences Po]]).{{Citation needed|date=March 2008}} The French Ministry of Defense tried in 1990 to give more easily higher ranks and driving licenses to young French soldiers with North-African ancestry. After a strong protest by a young French lieutenant<ref>Jean-Pierre Steinhofer: "Beur ou ordinaire" in "Armée d'Ajourd'hui, 1991.</ref> in the Ministry of Defense newspaper ("Armées d'aujourd'hui"), this driving license and rank project was canceled. After the Sarkozy election, a new attempt in favour of Arabian-French students was made but Sarkozy did not gain enough political support to change the French constitution. However, highly ranked French schools do implement affirmative action in that they are obligated to take a certain amount of students from impoverished families.<ref>[http://www.lemonde.fr/politique/article/2008/12/17/le-plan-sarkozy-pour-favoriser-l-egalite-reelle-des-chances_1132074_823448.html#ens_id=1128487° "Le Plan Sarkozy"]</ref> <br> Additionally, following the Norwegian example, after January 27, 2014, women must represent at least 20% of board members in all stock exchange listed or state owned companies. After January 27, 2017, the proportion will increase to 40%. All male director nominations will be invalid as long as the condition is not met, and financial penalties may apply for other directors.<ref>[http://www.vie-publique.fr/actualite/panorama/texte-discussion/proposition-loi-relative-representation-equilibree-femmes-hommes-au-sein-conseils-administration-surveillance-egalite-professionnelle.html "Vie Publique]</ref> [[Image:Dahrendorf.jpg|thumb|[[The Right Honourable]] The Lord Dahrendorf, KBE, was in favour of affirmative action]] *[[Germany]]. Article 3 of the [[Basic Law for the Federal Republic of Germany|German basic law]] provides for equal rights of all people regardless of sex, race or social background. There are programs stating that if men and women have equal qualifications, women have to be preferred for a job; moreover, the handicapped should be preferred to healthy people. This is typical for all positions in state and university service as of 2007, typically using the phrase "We try to increase diversity in this line of work". 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. Germany's ''[[The Left (Germany)|Left Party]]'' brought up the discussion about affirmative action in [[Education in Germany|Germany's school system]]. According to [[Stefan Zillich]], quotas should be "a possibility" to help working class children who did not do well in school gain access to a ''[[Gymnasium (Germany)|Gymnasium]]'' (University-preparatory school).<ref>Susanne Vieth-Entus (29. Dezember 2008): "Sozialquote: Berliner Gymnasien sollen mehr Schüler aus armen Familien aufnehmen". Der Tagesspiegel</ref> Headmasters of ''Gymnasien'' have objected, saying that this type of policy would "be a disservice" to poor children.<ref>Martin Klesmann (23. February 2009). "'Kinder aus Neukölln würden sich nicht integrieren lassen' - Ein Politiker und ein Schulleiter streiten über Sozialquoten an Gymnasien". Berliner Zeitung</ref><br>In 2009 the [[Berlin Senate]] decided that Berlin's Gymnasium should no longer be allowed to handpick all of their students. It was ruled that while Gymnasien should be able to pick 70 % to 65 % of their students, the other places at the Gymnasien are to be allocated by lottery. Every child will be able to enter the lottery, no matter how he or she performed in primary school. It is hoped that this policy will increase the number of working class students attending a Gymnasium.<ref name="Heinz-Peter Meidinger 2009">Heinz-Peter Meidinger: "Berliner Schullotterie". Profil 07-08/2009 (August 24th. 2009)</ref> [[The Left (Germany)|The Left]] proposed that Berlin Gymnasien should no longer be allowed to expel students who perform poorly so that the students who won a Gymnasium place in the lottery have a fair chance of graduating from that school.<ref name="Heinz-Peter Meidinger 2009"/> It is not clear yet if Berlin's senate will decide in favour of [[The Left (Germany)|The Left]]s proposal. There is also a discussion going on if affirmative action should be employed to help the children and grandchildren of the so called [[Gastarbeiter]] gain better access to German universities. One prominent proponent of this was Lord [[Ralf Dahrendorf]]<ref>Christine Prußky: "Zuwanderer an die Unis - Soziologe Ralf Dahrendorf fordert Migrantenquote"</ref> It is argued that the Gastarbeiter willingly came to Germany to help build the industry and this should be honored. *[[Norway]]. In all [[public limited company|public limited companies (PCL)]] boards, either gender should be represented by 40%.<ref>{{cite web|url=http://www.lovdata.no/all/tl-19970613-045-032.html#6-3 |title=LOV-1997-06-13-45 Lov om allmennaksjeselskaper (allmennaksjeloven) |publisher=Lovdata.no |date= |accessdate=2010-07-29}}</ref> This affects roughly 400 companies. * [[Republic of Macedonia]]. Minorities, most notably [[Albania]]ns, are allocated quotas for access to state universities, as well as in civil public services.{{Citation needed|date=April 2008}} * [[Romania]]. Roma people (gipsy) are allocated quotas for access to state universities. * [[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.<ref>[http://euobserver.com/9/20123 Slovakia bans positive discrimination]</ref> *[[Sweden]]. Special treatments of certain groups are commonplace in Sweden. Leveraging of the opportunities of these groups is encouraged by the state. One example is the police, who give women and people from other cultural and ethnic backgrounds concessions when it comes to testing for entrance to the police academy. *[[United Kingdom]]. In the UK, any discrimination, quotas or favouritism on the grounds of sex, race and ethnicity is generally illegal in both education and employment.<ref name="cre"/><ref>Personneltoday.com [http://www.personneltoday.com/Articles/2006/01/17/33430/is-there-a-case-for-positive-discrimination.html "Is there a case for positive discrimination?"]</ref> Specific exceptions include: **The 1998 [[Good Friday Agreement]] required that the [[Police Service of Northern Ireland]] recruit equal numbers of [[Roman Catholic Church|Catholics]] and [[Protestants]] in order to eliminate the service's perceived bias towards Protestants. **The [[Labour Party (UK)|Labour Party]] passed the [[Sex Discrimination (Election Candidates) Act 2002]], allowing them to use [[all-women shortlists]] to select more women as election candidates. ===South Africa=== {{Ref improve section|date=February 2011}} {{see also|Black Economic Empowerment}} ====Apartheid==== The [[Apartheid]] government, as a matter of state policy, favoured white-owned companies and as a result, the majority of employers in South Africa were, and still are owned by white people. The aforementioned policies achieved the desired results, but in the process they marginalised and excluded black people. Skilled jobs were also reserved for white people, and blacks were largely used as unskilled labour, enforced by legislation including the [[Mines and Works Act]], the [[Job Reservations Act]], the [[Native Building Workers Act]], the [[Apprenticeship Act]] and the [[Bantu Education Act]],<ref>{{cite web|url=http://www.southendmuseum.co.za/index.php?option=com_content&view=article&id=19&Itemid=20 |title=Job Reservations Act |publisher=South End Museum |date= |accessdate=2011-03-31}}</ref> creating and extending the "colour bar" in South African labour.<ref>{{cite web|url=http://www.sahistory.org.za/pages/library-resources/onlinebooks/Luli/Gold-and-workers/part%203/unit15.htm#1 |title=White Workers and the Colour Bar |publisher=Sahistory.org.za |date= |accessdate=2011-03-31}}</ref> ====Post-apartheid Employment Equity==== Following the transition to democracy in 1994, the [[African National Congress]]-led government chose to implement affirmative action legislation to correct previous imbalances (a policy known as '''Employment Equity'''). As such, the formerly privileged white minority was compelled by law to employ previously disenfranchised groups (blacks, [[Indian South Africans|Indians]], and [[Coloureds]]), collectively referred to as "blacks". A related, but distinct concept is [[Black Economic Empowerment]].<ref>[http://www.ecsecc.org/files/publications/120307130010.pdf ]{{dead link|date=March 2011}}</ref> 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 advancing people from designated groups. The designated groups who are to be advanced include all people of colour, women (including white women) and [[disabled people]]. Employment Equity legislation requires companies employing more than 50 people to design and implement plans to improve the representativity of workforce demographics, and report them to the [[Department of Labour (South Africa)|Department of Labour]]<ref>[http://www.southafrica.info/services/rights/employmentequity.htm Employment Equity FAQ]</ref> Employment Equity also forms part of a company's [[Black Economic Empowerment]] scorecard: in 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. The policies of Employment Equity and, particularly, Black Economic empowerment have been criticised both by those who view them as discriminatory against white people, and by those who view them as ineffectual.<ref>[http://www.mg.co.za/article/2010-02-03-bees-glass-slipper BEE's Glass Slipper]</ref><ref>[http://www.moneyweb.co.za/mw/view/mw/en/page292679?oid=346519&sn=2009+Detail+no+image&pid=295799 BEE: A man made disaster]</ref><ref name="fin24.com">{{cite web|url=http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2564628 |title='SAB deal to enrich black elite': Fin24: Companies |publisher=Fin24 |date= |accessdate=2010-07-29}}</ref><ref>{{cite web|url=http://www.busrep.co.za/index.php?fArticleId=5340048 |title=Business Report - Home - Motlanthe warns BEE council has failed |publisher=Busrep.co.za |date=2010-02-09 |accessdate=2010-07-29}}</ref><ref>{{cite web|url=http://www.mg.co.za/article/2009-11-20-manyi-vows-to-get-tough-over-bee |title=Manyi vows to get tough over BEE - Mail & Guardian Online: The smart news source |publisher=Mg.co.za |date= |accessdate=2010-07-29}}</ref> ===Israel=== Israel has affirmative action for the [[Aliyah from Ethiopia]] (Jewish Ethiopians), with regard to housing, education and integration into employment.<ref>{{cite web|url=http://www.mfa.gov.il/MFA/Archive/Communiques/1996/The%20Absorption%20of%20Ethiopian%20Immigrants%20in%20Israel%20- |title=The Absorption of Ethiopian Immigrants in Israel |publisher=Mfa.gov.il |date= |accessdate=2011-03-31}}</ref> There are currently no significant affirmative action programs for Arabs in Israel, although some programs were fleetingly attempted by the Rabin government prior to Rabin's assassination.<ref>[http://www.jewishvirtuallibrary.org/jsource/isdf/text/reiter.html Israel and its Arab Minority], Jewish Virtual Library publication</ref> ==Alternative views== A 2009 [[Quinnipiac University]] survey found American voters opposed to the application of affirmative action to gay people, 65 over 27 percent. [[African-Americans]] were found to be in favor by 54 over 38 percent.<ref name=qui>[http://www.quinnipiac.edu/x1295.xml?ReleaseID=1307 U.S. Voters Disagree 3-1 With Sotomayor On Key Case]. [[Quinnipiac University]]. Published June 3, 2009.</ref> ==Debate== {{Globalize/USA|section|date=May 2010}} ===Support=== The principle of affirmative action is to promote societal equality through the preferential treatment of socioeconomically disadvantaged people. Often, these people are disadvantaged for historical reasons, such as oppression or slavery.<ref>Christophe Jaffrelot , India's Silent Revolution : The rise of lower castes in northern India, pg. 321 2003</ref> According to a poll taken by ''[[USA Today]]'', most [[United States|Americans]] support affirmative action for [[women]]; with [[minorities]], it is more split.<ref name="usatoday.com">{{cite news|url=http://www.usatoday.com/news/polls/tables/live/0623.htm | work=USA Today | date=2005-05-20}}</ref> Men are only slightly more likely to support affirmative action for women; though a majority of both do.<ref name="usatoday.com"/> However, a slight majority of Americans do believe that affirmative action goes beyond ensuring access and goes into the realm of preferential treatment.<ref name="usatoday.com"/> ===Opposition=== Opponents of affirmative action such as [[George Sher]] believe that affirmative action devalues the accomplishments of people who are chosen based on the social group to which they belong rather than their qualifications.<ref name="Sher, George 1983, p.40">Sher, George, "Preferential Hiring", in Tom Regan (ed.), Just Business: New Introductory Essays In Business Ethics, Philadelphia, Temple University Press, 1983, p.40.</ref> Opponents also contend that affirmative action devalues the accomplishments of all those who belong to groups it is intended to help, therefore making affirmative action counterproductive.<ref name="Sher, George 1983, p.40"/> Opponents,<ref>[http://www.acri.org/ American Civil Rights Institute]</ref> who sometimes say that affirmative action is "[[reverse discrimination]]", further claim that affirmative action has undesirable side-effects in addition to failing to achieve its goals. They argue that it hinders reconciliation, replaces old wrongs with new wrongs, undermines the achievements of minorities, and encourages individuals to identify themselves as disadvantaged, even if they are not. It may increase racial tension and benefit the more privileged people within [[minority group]]s at the expense of the least fortunate within majority groups (such as lower-class whites).<ref>''Cultural Whiplash: Unforeseen Consequences of America's Crusade Against Racial Discrimination'' / Patrick Garry (2006) ISBN 1-58182-569-2</ref> American economist, social and political commentator, Dr. [[Thomas Sowell]] identified some negative results of race-based affirmative action in his book, ''[[Affirmative Action Around the World|Affirmative Action Around the World: An Empirical Study]]''.<ref>ISBN 0-300-10199-6, 2004</ref> Sowell writes that affirmative action policies encourage non-preferred groups to designate themselves as members of preferred groups (i.e., primary beneficiaries of affirmative action) to take advantage of group preference policies; that they tend to benefit primarily the most fortunate among the preferred group (e.g., upper and middle class blacks), often to the detriment of the least fortunate among the non-preferred groups (e.g., poor whites or Asians); that they reduce the incentives of both the preferred and non-preferred to perform at their best &mdash; the former because doing so is unnecessary and the latter because it can prove futile &mdash; thereby resulting in net losses for society as a whole; and that they increase animosity toward preferred groups. ==See also== {{col-begin}} {{col-break}} * [[Achievement gap]] * [[Affirmative action bake sale]] * [[Angry white male]] * [[Civil and political rights]] * [[Diversity (business)]] * [[Economic discrimination]] * [[Harrison Bergeron]] {{col-break}} * [[Jewish quota]] * [[Minority rights]] * [[Multiculturalism]] * [[Legacy preferences]] * [[Numerus clausus]] * [[Political correctness]] {{col-break}} * [[Positive liberty]] * [[Principle-policy puzzle]] * [[Racism in the United States]] * [[Teaching for social justice]] * [[White Guilt]] * [[Women's rights]] {{col-end}} ==Notes== {{Reflist|2}} ==References== * [[Terry H. Anderson|Anderson, Terry H.]] ''The Pursuit of Fairness: A History of Affirmative Action'' Oxford University Press 2004 ISBN ISBN 0-19-515764-8 * Bidmead, Andrew 'The Last of England' Legend Press 2010 ISBN 978-1-907461-33-0 *''[http://www.press.umich.edu/titleDetailDesc.do?id=229720 The Next Twenty-five Years: Affirmative Action in Higher Education in the United States and South Africa]'' David L. Featherman, Martin Hall, and Marvin Krislov, editors. Forewords by: Mary Sue Coleman, President of the University of Michigan and Njabulo Ndebele, Former Vice-Chancellor and Principal of the University of Cape Town. [[University of Michigan Press]], Ann Arbor, 2009. * Golland, David Hamilton, "Constructing Affirmative Action: Federal Contract Compliance and the Building Construction Trades, 1956–1973" (PhD dissertation City University of New York, 2008). Order No. DA3325474. * Susanne Vieth-Entus, "Sozialquote: Berliner Gymnasien sollen mehr Schüler aus armen Familien aufnehmen" (29 December 2008) Der Tagesspiegel *[[Marc Bossuyt]], '[http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/0aaa7775daf0bcebc1256c0c0031c5bd?Opendocument United Nations Sub-Commission on the Promotion and Protection of Human Rights] (17 June 2002) Commission on Human Rights, Economic and Social Council * [[Norma M. Riccucci]], ''Managing Diversity in Public Sector Workforces'' Westview Press 2002 ISBN 0-8133-9838-X ==External links== * [http://www.pbs.org/now/shows/434/index.html Does the success of Barack Obama mean we no longer need affirmative action?] NOW on PBS investigates *{{sep|affirmative-action}} * [http://www.washingtonpost.com/wp-srv/politics/special/affirm/affirm.htm Washington Post Section on Affirmative Action] * [http://www.minorityrights.org/admin/Download/pdf/MRG_RomaBriefing2006.pdf Substantive Equality, Positive Action and Roma Rights in the European Union], Report by Minority Rights Group International *[http://cle.ens-lsh.fr/29902590/0/fiche___pagelibre/&RH=CDL_ANG020000 An interview with Professor Randall Kennedy about the presidency of Barack Obama and affirmative action] Clifford Armion for La Clé des langues. {{DEFAULTSORT:Affirmative Action}} [[Category:Education issues]] [[Category:History of education]] [[Category:Education policy]] [[Category:Discrimination]] [[Category:Politics and race]] [[Category:Social inequality]] [[Category:Prejudice and discrimination]] [[Category:Race-related legal issues]] [[Category:Affirmative action]] [[af:Regstellende aksie]] [[cs:Pozitivní diskriminace]] [[de:Affirmative Action]] [[es:Discriminación positiva]] [[eo:Pozitiva diskriminacio]] [[fa:تبعیض مثبت]] [[fr:Discrimination positive]] [[id:Aksi afirmatif]] [[it:Affirmative action]] [[he:העדפה מתקנת]] [[hu:Pozitív diszkrimináció]] [[nl:Positieve discriminatie]] [[ja:アファーマティブ・アクション]] [[no:Kvotering]] [[nn:Kvotering]] [[pl:Akcja afirmatywna]] [[pt:Ação afirmativa]] [[ru:Позитивная дискриминация]] [[sr:Афирмативна акција]] [[fi:Positiivinen syrjintä]] [[sv:Kvotering]] [[ta:சீர்திருத்த செயலாக்கம்]] [[zh:積極平權措施]]'
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'{{For|the history and implementation of affirmative action in the U.S.|Affirmative action in the United States}} {{Weasel|date=May 2010}} {{Expert-subject-multiple|Sociology|Politics|date=January 2010}} '''Affirmative action''' refers- i just want to bend your mother over and to twll your fATHER TO KISS MY ass to policies that take factors including "race, color, and everyone can kiss my butt religion, gender , or national origin"<ref name="The Federal Register">{{cite web | publisher = The Federal Register | title = Executive Order 11246--Equal employment opportunity | url = http://www.archives.gov/federal-register/codification/executive-order/11246.html | accessdate = 5/2/2010}}</ref> into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of [[discrimination]]. The focus of such policies ranges from employment and education to public contracting and health programs. ==Origins== The term "affirmative action" originated in the [[United States]]. It first appeared in [[Executive Order 10925]], which was signed by President [[John F. Kennedy]] on March 6, 1961, and it was used to refer to measures to achieve non-discrimination. In 1965, President [[Lyndon Johnson]] issued [[Executive Order 11246]] which required federal contractors to take "affirmative action" to hire without regard to race, religion and national origin. In 1968, gender was added to the anti-discrimination list.<ref>{{cite web |url=http://clinton2.nara.gov/WH/EOP/OP/html/aa/aa02.html |title=Affirmative Action: History and Rationale |publisher=Clinton Administration's Affirmative Action Review: Report to the President |date=July 19, 1995}}</ref> Matching procedures in other countries are also known as '''reservation''' in India, '''positive discrimination''' in the United Kingdom and '''employment equality''' in Canada. ==Purpose== Affirmative action is an attempt to promote [[equal opportunity]]. It is often instituted in government and educational settings to ensure that [[minority group]]s within a society are included in all programs. The justification for affirmative action is to compensate for past [[discrimination]], [[persecution]] or [[exploitation]] by the ruling class of a culture,<ref>Sowell, Thomas (2004). Affirmative Action Around the World: An Empirical Study, Yale University Press, ISBN 0-300-10199-6</ref> or to address existing discrimination.<ref name="Affirmative Action">{{cite web|url=http://plato.stanford.edu/entries/affirmative-action/|title=Affirmative Action|publisher=Staford Encyclopedia of Philosophy|date=April 1, 2009}}</ref> ==International policies== 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 countries 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/animals 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> ==National approaches== In some countries which have laws on racial equality, affirmative action is rendered illegal because it doesn't treat all races equally. This approach of equal treatment is sometimes described as being "[[Color blindness (race)|color 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." ===The Americas=== *[[Brazil]]. Some Brazilian Universities (State and Federal) have created systems of preferred admissions (quotas) for racial minorities (blacks and native Brazilians), the poor and people with disabilities. There are already quotas of up to 20% of vacancies reserved for the disabled in the civil public services.<ref>Plummer, Robert. [http://news.bbc.co.uk/2/hi/americas/5357842.stm"Black Brazil Seeks a Better Future."] BBC News São Paulo, 25 September 2006. 16 November 2006</ref> The [[Democrats (Brazil)|Democrats]] party, accusing the board of directors of [[University of Brasília]] of "nazism", questioned the [[constitutionality]] of the quotas the University reserves to minorities on the [[Supreme Federal Court]].<ref>[http://www.conjur.com.br/2009-jul-20/dem-unb-ressuscitou-ideais-nazistas-suspensao-matriculas "DEM entra com ADPF contra cotas raciais"]</ref> *[[Canada]]. The equality section of the [[Canadian Charter of Rights and Freedoms]] explicitly permits affirmative action type legislation, although the Charter does not ''require'' legislation that gives preferential treatment. Subsection 2 of [[Section Fifteen of the Canadian Charter of Rights and Freedoms|Section 15]] states that the equality provisions do "not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability." The [[Canadian Employment Equity Act]] requires employers in federally-regulated industries to give preferential treatment to four designated groups: Women, people with disabilities, aboriginal people, and [[visible minorities]]. In most Canadian Universities, people of Aboriginal background normally have lower entrance requirements and are eligible to receive exclusive scholarships. Some provinces and territories also have affirmative action-type polices. For example, in [[Northwest Territories]] in the Canadian north, aboriginal people are given preference for jobs and education and are considered to have P1 status. Non-aboriginal people who were born in the NWT or have resided half of their life there are considered a P2, as well as women and disabled people.<ref>[http://www.hr.gov.nt.ca/employment/affirmativeaction/ GNWT - Human Resources - Affirmative Action]</ref> See also, [[Employment equity (Canada)|Employment equity in Canada]]. {{anchor|United States}} {{Main|Affirmative action in the United States}} *[[United States]]. Affirmative action was first established in [[Executive Order 10925]], which was signed by [[President John F. Kennedy]] on March 6, 1961 and required government contractors to "not discriminate against any employee or applicant for employment because of race, creed, color, or national origin" as well as 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".<ref>{{cite web | publisher = U.S. Equal Employment Opportunity Commission | title = Executive Order 10925 - Establishing The President's Committee On Equal Employment Opportunity | url = http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-10925.html | accessdate = 5/2/2010}}</ref> This executive order was superseded by [[Executive Order 11246]], which was signed by [[President Lyndon B. Johnson]] on September 24, 1965 and affirmed the Federal Government's commitment "to promote the full realization of equal employment opportunity through a positive, continuing program in each executive department and agency".<ref name="The Federal Register"/> It is notable that affirmative action was not extended to women until [[Executive Order 11375]] amended Executive Order 11246 on October 13, 1967, expanding the definition to include "sex." As it currently stands, affirmative action through Executive Order 11246 applies to "race, color, religion, sex, or national origin." In the U.S., affirmative action's original purpose was to pressure institutions into compliance with the nondiscrimination mandate of the [[Civil Rights Act of 1964]].<ref name="Affirmative Action"/> The Civil Rights Acts do not cover veterans, people with disabilities, or people over 40. These groups are protected from discrimination under different laws.<ref>{{cite web|url=http://employeeissues.com/discrimination_laws.htm|title=Federal Employment Discrimination Laws|publisher=EmployeeIssues.com|accessdate=May 18, 2010}}</ref> Affirmative action has been the subject of numerous court cases,<ref>[http://www.indystar.com/apps/pbcs.dll/article?AID=/20080205/LOCAL/80205048 Indy fire-fighters sue city, charge bias; also see [[Norma M. Riccucci]]. Managing Diversity in Public Sector Workforces. Boulder, CO: Westview Press, 2002]</ref> and has been contested on [[United States Constitution|constitutional]] grounds. In 2003, a Supreme Court decision concerning affirmative action in universities allowed educational institutions to consider race as a factor in admitting students, but ruled that strict point systems are unconstitutional.<ref>[http://supct.law.cornell.edu/supct/03highlts.html#2 Highlights of the 2002-2003 Supreme Court Term]</ref> Conservatives say that state officials have widely disobeyed it. Alternatively, some colleges use financial criteria to attract racial groups that have typically been under represented and typically have lower living conditions. Some states such as California ([[California Civil Rights Initiative]]) and Michigan ([[Michigan Civil Rights Initiative]]) have passed constitutional amendments banning affirmative action within their respective states. A study conducted at the University of Chicago in 2003 found that people with "black-sounding" names such as Lakisha and Jamal are 50 percent less likely to be interviewed for a job compared to people with "white-sounding" names such as Emily or Greg.<ref>{{cite news |url=http://edition.cnn.com/2010/LIVING/05/26/naming.names.importance/?hpt=Sbin |author=Stephanie Chen |title=Does your name shape your destiny? |publisher=CNN |date=May 26, 2010}}</ref> ===South Asia=== *[[India]]{{Main|Reservation in India}} *[[Sri Lanka]]. In 1971 the Standardization policy of Sri Lankan universities was introduced as an affirmative action program for students from areas which had poor educational facilities due to 200 years purposeful discrimination by [[United Kingdom|British]] [[colonialist]]s. The British had practised [[communal]] favoritism towards Christians and the minority [[Tamil people|Tamil community]] for the entire 200 years they had controlled Sri Lanka, as part of a policy of [[divide and conquer]]. ===East Asia=== *[[Japan]]. Admission to universities as well as all government positions (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. *[[People's Republic of China]]. "Preferential policies" required some of the top positions in governments be distributed to [[Ethnic minorities in China|ethnic minorities]] and women. Also, many universities are required by government to give preferred admissions to ethnic minorities.<ref>[http://www.moe.gov.cn/edoas/website18/30/info26630.htm2007 Graduate Student Admission Ordainment - Ministry of Education, PRC]</ref><ref>[http://www.mzzjw.gd.gov.cn/mzjy/ShowArticle.asp?ArticleID=541 Ethnic and Religious Affairs Commission of Guangdong Province]</ref> *[[South Korea]]. Admission to universities is also determined by the strict entrance exam, which is extremely competitive at the top level. But most of all Korean universities at the top level are adapting some affirmative actions in cases of Chinese ethnic minority, North Korean refugees, etc. in their recruiting new students. Besides, national universities have been pressed by the Korean government, so now they are trying to meet the governmental goal which is to recruit a proportion of female professors. ===South East Asia and Oceania=== *[[Malaysia]]. The [[Malaysian New Economic Policy]] or NEP serves as a form of affirmative action. Malaysia is the only other country (other one being South Africa) in the world which provides affirmative action to the majority because in general, the Malays have lower income than the Chinese who have traditionally been involved businesses and industries.<ref>[http://www.nationsencyclopedia.com/economies/Asia-and-the-Pacific/Malaysia-POVERTY-AND-WEALTH.html Encyclopedia of the Nations, "Malaysia Poverty and Wealth"]</ref> Malaysia is a multiethnic country, with [[Malay (ethnic group)|Malay]]s making up the majority of close to 52% of the population. About 30% of the population are [[Chinese Malaysian|Malaysians of Chinese descent]], while [[Indian Malaysian|Malaysians of Indian descent]] comprise about 8% of the population. Government policy provides preferential placement for ethnic Malays, and 95% of all new intakes for the army, hospital nurses, police, and other government institutions are Malays. As of 2004, only 7% of all government servants are ethnic Chinese, a drop from 30% in 1960. All eight of the directors of the national petroleum company, [[Petronas]], are Malays, and only 3% of Petronas employees are Chinese. Additionally, 95% of all government contracts are awarded to ethnic Malays.<ref>[http://www.perspectives.com/forums/view_topic.php?id=128113&forum_id=89 Bumiputra Policy in Malaysia]</ref> (''See also [[Bumiputra]]'') The mean income for Malays, Chinese and Indians in 1957/58 were 134, 288 and 228 respectively. In 1967/68 it was 154, 329 and 245, and in 1970 it was 170, 390 and 300. Mean income disparity ratio for Chinese/Malays rose from 2.1 in 1957/58 to 2.3 in 1970, whereas for Indians/Malays the disparity ratio also rose from 1.7 to 1.8 in the same period.<ref>Perumal, M., 1989, 'Economic Growth and Income Inequality in Malaysia, 1957–1984', Singapore. Economic Review, Vol.34, No.2, pp.33–46.</ref> The Malays viewed Independence as restoring their proper place in their own country's socioeconomic order while the non-Malays were opposing government efforts to advance Malay political primacy and economic welfare. The rising tension and resentment of the Malays for the Chinese and vice versa culminated in the vicious riots of 13 May 1969.<ref>Income Inequality and Poverty in Malaysia by Shireen Mardziah Hashim</ref> *[[New Zealand]]. Individuals of [[Māori people|Māori]] or other [[Polynesia]]n descent are often afforded improved access to university courses, or have scholarships earmarked specifically for them.<ref name="cre">UK [[Commission for Racial Equality]] website [http://www.cre.gov.uk/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm "Affirmative action around the world"]</ref> ===Europe=== *[[Finland]]. In certain university education programs, including legal and medical education, there are quotas for Swedish-speaking applicants. The aim of the quotas is to guarantee that a sufficient number of Swedish speaking professionals are educated, thus safeguarding the linguistic rights of the [[Swedish-speaking Finns]]. The quota system has met with criticism from the Finnish speaking majority, some of whom consider the system unfair. In addition to these linguistic quotas, women may get preferential treatment in recruitment for certain public sector jobs if there is a gender imbalance in the field. *[[France]]. No distinctions based on race, religion or sex are allowed under the 1958 [[French Constitution]].{{Citation needed|date=March 2008}} Since the 1980s, a French version of affirmative action based on neighborhood is in place for primary and secondary education. Some schools, in neighborhoods labeled "Prioritary Education Zones", are granted more funds than the others. Students from these schools also benefit from special policies in certain institutions (such as [[Sciences Po]]).{{Citation needed|date=March 2008}} The French Ministry of Defense tried in 1990 to give more easily higher ranks and driving licenses to young French soldiers with North-African ancestry. After a strong protest by a young French lieutenant<ref>Jean-Pierre Steinhofer: "Beur ou ordinaire" in "Armée d'Ajourd'hui, 1991.</ref> in the Ministry of Defense newspaper ("Armées d'aujourd'hui"), this driving license and rank project was canceled. After the Sarkozy election, a new attempt in favour of Arabian-French students was made but Sarkozy did not gain enough political support to change the French constitution. However, highly ranked French schools do implement affirmative action in that they are obligated to take a certain amount of students from impoverished families.<ref>[http://www.lemonde.fr/politique/article/2008/12/17/le-plan-sarkozy-pour-favoriser-l-egalite-reelle-des-chances_1132074_823448.html#ens_id=1128487° "Le Plan Sarkozy"]</ref> <br> Additionally, following the Norwegian example, after January 27, 2014, women must represent at least 20% of board members in all stock exchange listed or state owned companies. After January 27, 2017, the proportion will increase to 40%. All male director nominations will be invalid as long as the condition is not met, and financial penalties may apply for other directors.<ref>[http://www.vie-publique.fr/actualite/panorama/texte-discussion/proposition-loi-relative-representation-equilibree-femmes-hommes-au-sein-conseils-administration-surveillance-egalite-professionnelle.html "Vie Publique]</ref> [[Image:Dahrendorf.jpg|thumb|[[The Right Honourable]] The Lord Dahrendorf, KBE, was in favour of affirmative action]] *[[Germany]]. Article 3 of the [[Basic Law for the Federal Republic of Germany|German basic law]] provides for equal rights of all people regardless of sex, race or social background. There are programs stating that if men and women have equal qualifications, women have to be preferred for a job; moreover, the handicapped should be preferred to healthy people. This is typical for all positions in state and university service as of 2007, typically using the phrase "We try to increase diversity in this line of work". 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. Germany's ''[[The Left (Germany)|Left Party]]'' brought up the discussion about affirmative action in [[Education in Germany|Germany's school system]]. According to [[Stefan Zillich]], quotas should be "a possibility" to help working class children who did not do well in school gain access to a ''[[Gymnasium (Germany)|Gymnasium]]'' (University-preparatory school).<ref>Susanne Vieth-Entus (29. Dezember 2008): "Sozialquote: Berliner Gymnasien sollen mehr Schüler aus armen Familien aufnehmen". Der Tagesspiegel</ref> Headmasters of ''Gymnasien'' have objected, saying that this type of policy would "be a disservice" to poor children.<ref>Martin Klesmann (23. February 2009). "'Kinder aus Neukölln würden sich nicht integrieren lassen' - Ein Politiker und ein Schulleiter streiten über Sozialquoten an Gymnasien". Berliner Zeitung</ref><br>In 2009 the [[Berlin Senate]] decided that Berlin's Gymnasium should no longer be allowed to handpick all of their students. It was ruled that while Gymnasien should be able to pick 70 % to 65 % of their students, the other places at the Gymnasien are to be allocated by lottery. Every child will be able to enter the lottery, no matter how he or she performed in primary school. It is hoped that this policy will increase the number of working class students attending a Gymnasium.<ref name="Heinz-Peter Meidinger 2009">Heinz-Peter Meidinger: "Berliner Schullotterie". Profil 07-08/2009 (August 24th. 2009)</ref> [[The Left (Germany)|The Left]] proposed that Berlin Gymnasien should no longer be allowed to expel students who perform poorly so that the students who won a Gymnasium place in the lottery have a fair chance of graduating from that school.<ref name="Heinz-Peter Meidinger 2009"/> It is not clear yet if Berlin's senate will decide in favour of [[The Left (Germany)|The Left]]s proposal. There is also a discussion going on if affirmative action should be employed to help the children and grandchildren of the so called [[Gastarbeiter]] gain better access to German universities. One prominent proponent of this was Lord [[Ralf Dahrendorf]]<ref>Christine Prußky: "Zuwanderer an die Unis - Soziologe Ralf Dahrendorf fordert Migrantenquote"</ref> It is argued that the Gastarbeiter willingly came to Germany to help build the industry and this should be honored. *[[Norway]]. In all [[public limited company|public limited companies (PCL)]] boards, either gender should be represented by 40%.<ref>{{cite web|url=http://www.lovdata.no/all/tl-19970613-045-032.html#6-3 |title=LOV-1997-06-13-45 Lov om allmennaksjeselskaper (allmennaksjeloven) |publisher=Lovdata.no |date= |accessdate=2010-07-29}}</ref> This affects roughly 400 companies. * [[Republic of Macedonia]]. Minorities, most notably [[Albania]]ns, are allocated quotas for access to state universities, as well as in civil public services.{{Citation needed|date=April 2008}} * [[Romania]]. Roma people (gipsy) are allocated quotas for access to state universities. * [[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.<ref>[http://euobserver.com/9/20123 Slovakia bans positive discrimination]</ref> *[[Sweden]]. Special treatments of certain groups are commonplace in Sweden. Leveraging of the opportunities of these groups is encouraged by the state. One example is the police, who give women and people from other cultural and ethnic backgrounds concessions when it comes to testing for entrance to the police academy. *[[United Kingdom]]. In the UK, any discrimination, quotas or favouritism on the grounds of sex, race and ethnicity is generally illegal in both education and employment.<ref name="cre"/><ref>Personneltoday.com [http://www.personneltoday.com/Articles/2006/01/17/33430/is-there-a-case-for-positive-discrimination.html "Is there a case for positive discrimination?"]</ref> Specific exceptions include: **The 1998 [[Good Friday Agreement]] required that the [[Police Service of Northern Ireland]] recruit equal numbers of [[Roman Catholic Church|Catholics]] and [[Protestants]] in order to eliminate the service's perceived bias towards Protestants. **The [[Labour Party (UK)|Labour Party]] passed the [[Sex Discrimination (Election Candidates) Act 2002]], allowing them to use [[all-women shortlists]] to select more women as election candidates. ===South Africa=== {{Ref improve section|date=February 2011}} {{see also|Black Economic Empowerment}} ====Apartheid==== The [[Apartheid]] government, as a matter of state policy, favoured white-owned companies and as a result, the majority of employers in South Africa were, and still are owned by white people. The aforementioned policies achieved the desired results, but in the process they marginalised and excluded black people. Skilled jobs were also reserved for white people, and blacks were largely used as unskilled labour, enforced by legislation including the [[Mines and Works Act]], the [[Job Reservations Act]], the [[Native Building Workers Act]], the [[Apprenticeship Act]] and the [[Bantu Education Act]],<ref>{{cite web|url=http://www.southendmuseum.co.za/index.php?option=com_content&view=article&id=19&Itemid=20 |title=Job Reservations Act |publisher=South End Museum |date= |accessdate=2011-03-31}}</ref> creating and extending the "colour bar" in South African labour.<ref>{{cite web|url=http://www.sahistory.org.za/pages/library-resources/onlinebooks/Luli/Gold-and-workers/part%203/unit15.htm#1 |title=White Workers and the Colour Bar |publisher=Sahistory.org.za |date= |accessdate=2011-03-31}}</ref> ====Post-apartheid Employment Equity==== Following the transition to democracy in 1994, the [[African National Congress]]-led government chose to implement affirmative action legislation to correct previous imbalances (a policy known as '''Employment Equity'''). As such, the formerly privileged white minority was compelled by law to employ previously disenfranchised groups (blacks, [[Indian South Africans|Indians]], and [[Coloureds]]), collectively referred to as "blacks". A related, but distinct concept is [[Black Economic Empowerment]].<ref>[http://www.ecsecc.org/files/publications/120307130010.pdf ]{{dead link|date=March 2011}}</ref> 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 advancing people from designated groups. The designated groups who are to be advanced include all people of colour, women (including white women) and [[disabled people]]. Employment Equity legislation requires companies employing more than 50 people to design and implement plans to improve the representativity of workforce demographics, and report them to the [[Department of Labour (South Africa)|Department of Labour]]<ref>[http://www.southafrica.info/services/rights/employmentequity.htm Employment Equity FAQ]</ref> Employment Equity also forms part of a company's [[Black Economic Empowerment]] scorecard: in 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. The policies of Employment Equity and, particularly, Black Economic empowerment have been criticised both by those who view them as discriminatory against white people, and by those who view them as ineffectual.<ref>[http://www.mg.co.za/article/2010-02-03-bees-glass-slipper BEE's Glass Slipper]</ref><ref>[http://www.moneyweb.co.za/mw/view/mw/en/page292679?oid=346519&sn=2009+Detail+no+image&pid=295799 BEE: A man made disaster]</ref><ref name="fin24.com">{{cite web|url=http://www.fin24.com/articles/default/display_article.aspx?ArticleId=1518-24_2564628 |title='SAB deal to enrich black elite': Fin24: Companies |publisher=Fin24 |date= |accessdate=2010-07-29}}</ref><ref>{{cite web|url=http://www.busrep.co.za/index.php?fArticleId=5340048 |title=Business Report - Home - Motlanthe warns BEE council has failed |publisher=Busrep.co.za |date=2010-02-09 |accessdate=2010-07-29}}</ref><ref>{{cite web|url=http://www.mg.co.za/article/2009-11-20-manyi-vows-to-get-tough-over-bee |title=Manyi vows to get tough over BEE - Mail & Guardian Online: The smart news source |publisher=Mg.co.za |date= |accessdate=2010-07-29}}</ref> ===Israel=== Israel has affirmative action for the [[Aliyah from Ethiopia]] (Jewish Ethiopians), with regard to housing, education and integration into employment.<ref>{{cite web|url=http://www.mfa.gov.il/MFA/Archive/Communiques/1996/The%20Absorption%20of%20Ethiopian%20Immigrants%20in%20Israel%20- |title=The Absorption of Ethiopian Immigrants in Israel |publisher=Mfa.gov.il |date= |accessdate=2011-03-31}}</ref> There are currently no significant affirmative action programs for Arabs in Israel, although some programs were fleetingly attempted by the Rabin government prior to Rabin's assassination.<ref>[http://www.jewishvirtuallibrary.org/jsource/isdf/text/reiter.html Israel and its Arab Minority], Jewish Virtual Library publication</ref> ==Alternative views== A 2009 [[Quinnipiac University]] survey found American voters opposed to the application of affirmative action to gay people, 65 over 27 percent. [[African-Americans]] were found to be in favor by 54 over 38 percent.<ref name=qui>[http://www.quinnipiac.edu/x1295.xml?ReleaseID=1307 U.S. Voters Disagree 3-1 With Sotomayor On Key Case]. [[Quinnipiac University]]. Published June 3, 2009.</ref> ==Debate== {{Globalize/USA|section|date=May 2010}} ===Support=== The principle of affirmative action is to promote societal equality through the preferential treatment of socioeconomically disadvantaged people. Often, these people are disadvantaged for historical reasons, such as oppression or slavery.<ref>Christophe Jaffrelot , India's Silent Revolution : The rise of lower castes in northern India, pg. 321 2003</ref> According to a poll taken by ''[[USA Today]]'', most [[United States|Americans]] support affirmative action for [[women]]; with [[minorities]], it is more split.<ref name="usatoday.com">{{cite news|url=http://www.usatoday.com/news/polls/tables/live/0623.htm | work=USA Today | date=2005-05-20}}</ref> Men are only slightly more likely to support affirmative action for women; though a majority of both do.<ref name="usatoday.com"/> However, a slight majority of Americans do believe that affirmative action goes beyond ensuring access and goes into the realm of preferential treatment.<ref name="usatoday.com"/> ===Opposition=== Opponents of affirmative action such as [[George Sher]] believe that affirmative action devalues the accomplishments of people who are chosen based on the social group to which they belong rather than their qualifications.<ref name="Sher, George 1983, p.40">Sher, George, "Preferential Hiring", in Tom Regan (ed.), Just Business: New Introductory Essays In Business Ethics, Philadelphia, Temple University Press, 1983, p.40.</ref> Opponents also contend that affirmative action devalues the accomplishments of all those who belong to groups it is intended to help, therefore making affirmative action counterproductive.<ref name="Sher, George 1983, p.40"/> Opponents,<ref>[http://www.acri.org/ American Civil Rights Institute]</ref> who sometimes say that affirmative action is "[[reverse discrimination]]", further claim that affirmative action has undesirable side-effects in addition to failing to achieve its goals. They argue that it hinders reconciliation, replaces old wrongs with new wrongs, undermines the achievements of minorities, and encourages individuals to identify themselves as disadvantaged, even if they are not. It may increase racial tension and benefit the more privileged people within [[minority group]]s at the expense of the least fortunate within majority groups (such as lower-class whites).<ref>''Cultural Whiplash: Unforeseen Consequences of America's Crusade Against Racial Discrimination'' / Patrick Garry (2006) ISBN 1-58182-569-2</ref> American economist, social and political commentator, Dr. [[Thomas Sowell]] identified some negative results of race-based affirmative action in his book, ''[[Affirmative Action Around the World|Affirmative Action Around the World: An Empirical Study]]''.<ref>ISBN 0-300-10199-6, 2004</ref> Sowell writes that affirmative action policies encourage non-preferred groups to designate themselves as members of preferred groups (i.e., primary beneficiaries of affirmative action) to take advantage of group preference policies; that they tend to benefit primarily the most fortunate among the preferred group (e.g., upper and middle class blacks), often to the detriment of the least fortunate among the non-preferred groups (e.g., poor whites or Asians); that they reduce the incentives of both the preferred and non-preferred to perform at their best &mdash; the former because doing so is unnecessary and the latter because it can prove futile &mdash; thereby resulting in net losses for society as a whole; and that they increase animosity toward preferred groups. ==See also== {{col-begin}} {{col-break}} * [[Achievement gap]] * [[Affirmative action bake sale]] * [[Angry white male]] * [[Civil and political rights]] * [[Diversity (business)]] * [[Economic discrimination]] * [[Harrison Bergeron]] {{col-break}} * [[Jewish quota]] * [[Minority rights]] * [[Multiculturalism]] * [[Legacy preferences]] * [[Numerus clausus]] * [[Political correctness]] {{col-break}} * [[Positive liberty]] * [[Principle-policy puzzle]] * [[Racism in the United States]] * [[Teaching for social justice]] * [[White Guilt]] * [[Women's rights]] {{col-end}} ==Notes== {{Reflist|2}} ==References== * [[Terry H. Anderson|Anderson, Terry H.]] ''The Pursuit of Fairness: A History of Affirmative Action'' Oxford University Press 2004 ISBN ISBN 0-19-515764-8 * Bidmead, Andrew 'The Last of England' Legend Press 2010 ISBN 978-1-907461-33-0 *''[http://www.press.umich.edu/titleDetailDesc.do?id=229720 The Next Twenty-five Years: Affirmative Action in Higher Education in the United States and South Africa]'' David L. Featherman, Martin Hall, and Marvin Krislov, editors. Forewords by: Mary Sue Coleman, President of the University of Michigan and Njabulo Ndebele, Former Vice-Chancellor and Principal of the University of Cape Town. [[University of Michigan Press]], Ann Arbor, 2009. * Golland, David Hamilton, "Constructing Affirmative Action: Federal Contract Compliance and the Building Construction Trades, 1956–1973" (PhD dissertation City University of New York, 2008). Order No. DA3325474. * Susanne Vieth-Entus, "Sozialquote: Berliner Gymnasien sollen mehr Schüler aus armen Familien aufnehmen" (29 December 2008) Der Tagesspiegel *[[Marc Bossuyt]], '[http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/0aaa7775daf0bcebc1256c0c0031c5bd?Opendocument United Nations Sub-Commission on the Promotion and Protection of Human Rights] (17 June 2002) Commission on Human Rights, Economic and Social Council * [[Norma M. Riccucci]], ''Managing Diversity in Public Sector Workforces'' Westview Press 2002 ISBN 0-8133-9838-X ==External links== * [http://www.pbs.org/now/shows/434/index.html Does the success of Barack Obama mean we no longer need affirmative action?] NOW on PBS investigates *{{sep|affirmative-action}} * [http://www.washingtonpost.com/wp-srv/politics/special/affirm/affirm.htm Washington Post Section on Affirmative Action] * [http://www.minorityrights.org/admin/Download/pdf/MRG_RomaBriefing2006.pdf Substantive Equality, Positive Action and Roma Rights in the European Union], Report by Minority Rights Group International *[http://cle.ens-lsh.fr/29902590/0/fiche___pagelibre/&RH=CDL_ANG020000 An interview with Professor Randall Kennedy about the presidency of Barack Obama and affirmative action] Clifford Armion for La Clé des langues. {{DEFAULTSORT:Affirmative Action}} [[Category:Education issues]] [[Category:History of education]] [[Category:Education policy]] [[Category:Discrimination]] [[Category:Politics and race]] [[Category:Social inequality]] [[Category:Prejudice and discrimination]] [[Category:Race-related legal issues]] [[Category:Affirmative action]] [[af:Regstellende aksie]] [[cs:Pozitivní diskriminace]] [[de:Affirmative Action]] [[es:Discriminación positiva]] [[eo:Pozitiva diskriminacio]] [[fa:تبعیض مثبت]] [[fr:Discrimination positive]] [[id:Aksi afirmatif]] [[it:Affirmative action]] [[he:העדפה מתקנת]] [[hu:Pozitív diszkrimináció]] [[nl:Positieve discriminatie]] [[ja:アファーマティブ・アクション]] [[no:Kvotering]] [[nn:Kvotering]] [[pl:Akcja afirmatywna]] [[pt:Ação afirmativa]] [[ru:Позитивная дискриминация]] [[sr:Афирмативна акција]] [[fi:Positiivinen syrjintä]] [[sv:Kvotering]] [[ta:சீர்திருத்த செயலாக்கம்]] [[zh:積極平權措施]]'
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