14.2.06

Discrimination

In Britain, there is no written constitution, unlike France. In France, the constitution guarantees in its first article equality of origin, race or religion (but not gender).
In Britain, there is a Race Relations Act (1976) and a Sex Discrimination Act (1975), but nothing that guarantees religious equality.
The problem of having a written constitution is that, as is the case in France, an article in the constitution can prevent change taking place. For example, in France it is possible to have affirmative action in favour of women, since there is no mention of gender in the constitution, but it isn't possible for minorities, since it is clearly stated that all are equal regardless of origin or race.
I'd be interested to know what readers think, and particularly whether they think there should be a 'Religious Relations/Discriminations Act'.

3 commentaires:

  1. I was thinking more of something which legislates against discrimination in the workplace for example. The reaon I posted this, was because of the debate over affirmative action in France (where it is called 'positive discrimination'...). People oppse it in the name of equality for all, conveniently ignoring the fact that equality for all does not exist.

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  2. The U.S. Declaration of Independence (ie. act of treason against Britain) states that "all men are created equal," though it is not a legal document in the sense that it is prescribing laws. The 14th Amendment of the Constitution of the United States of America states that no state in the U.S. shall "deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    I am quite sure both of you are familiar with the affirmative action programs in the U.S. Attempts at claiming "preferential treatment for blacks" were and are used to try to claim that the program is a violation of U.S. law. In fact, not allowing affirmative action would be violating the law (hence its enactment). For an understanding of this, I turn to the words of Martin Luther King Jr.:

    "Whenever this issue of compensatory or preferential treatment is raised, some of our friends recoil in horror. The Negro should be granted equality, they agree, but should ask for nothing more. On the surface, this appears reasonable, but is not realistic. For it is obvious that if a man enters the starting line of a race three hundred years after another man, the first would have to perform some incredible feat in order to catch up."

    This leads to the question of how minorities in France can ever hope for true equality. I can sum it up in one word: clamour.

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  3. Hear hear. Merci mon brave.

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