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Comparative Study On Positive Action In Law And Practice

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Chapter Summary

This paper discusses why positive action has become an important element of anti-discrimination law and policy, what type of measures are used as part of positive action initiatives, and the legal controls that exist in this complex area of law. To understand why the use of positive action may be necessary, it is useful to understand the nature of the disadvantages that affect women and members of other groups. A broad definition of positive action could include all measures which seek by means of positive steps to alter existing social practices so as to eliminate patterns of group exclusion and disadvantage. Within this wide definition, Christopher McCrudden, Professor of Human Rights Law at the University of Oxford, has identified five basic categories of positive action. Positive action strategies can therefore take a variety of forms, often combining elements of several or even all of these different categories.

Keywords: Affirmation Action; anti-discrimination law; Human Rights Law; positive action



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