Combating racial discrimination: affirmative action as a model for Europe

317 Pages·2000·0.86 MB·English

by  Erna Appelt

Combating
Racial Discrimination:
Affirmative Action as
a Model for Europe
Erna Appelt
Monika Jarosch
BERG
Combating Racial Discrimination
This Page Intentionally Left Blank
Combating Racial Discrimination
Affirmative Action as a Model for Europe
Edited by
Erna Appelt and Monika Jarosch
Oxford•New York
First published in 2000 by
Berg
Editorial offices:
150 Cowley Road, Oxford OX4 1JJ, UK
838 Broadway, Third Floor, New York, NY 10003-4812, USA
© Erna Appelt and Monika Jarosch 2000
All rights reserved.
No part of this publication may be reproduced in any form
or by any means without the written permission of Berg.
Berg is the imprint of Oxford International Publishers Ltd.
Library of Congress Cataloging-in-Publication Data
A catalogue record for this book is available from the Library of Congress.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
ISBN 1859733085(Cloth)
Typeset by JS Typesetting, Wellingborough, Northants.
Printed in the United Kingdom by WBC Book Manufacturers, Bridgend,
Mid Glamorgan.
Contents
List of Contributors vii
List of Abbreviations xi
Preface xiii
1 Affirmative Action: a Cross-National Debate 1
Erna Appelt
PartI The Extra-European Debate
2 Can Affirmative Action Combat Racial Discrimination?
Moral Success and Political Failure in the United States 23
Anita L. Allen
3 Positive Action and Democracy 41
Frank Cunningham
4 In Defence of Affirmative Action: North American
Discourses for the European Context? 61
Melissa S. Williams
5 Affirmative Action in the US: the Legal Dimension 81
Luisa Antoniolli Deflorian
6 Using Historical and Sociological Evidence to Defend
Anti-Discrimination Policies 111
Melinda Chateauvert
7 Racial Discrimination and Affirmative Action: Canada’s
Experience with Anti-Discrimination Legislation 125
Caterina Ventura
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Contents
8 Affirmative Action and ‘Race’ Relations: Affirmative
Action as a Model for Europe 137
Nathan Glazer
PartII The European Experiences
9 Positive Action in the United Kingdom 159
Paul Taylor
10 Positive Action: the Dutch Experience 173
Lilian Gonçalves-Ho Kang You and Louise Mulder
11 Positive Action in Sweden: from Central Solutions to Local
Responsibility for Combating Ethnic Discrimination 183
Maritta Soininen and Mark Graham
12 The Integration of Immigrants and Refugees in European
Societies 201
John Rex
13 ‘We Demand that the Foreigners Adapt to our Life-Style’:
Political Discourse on Immigration Laws in Austria and
the United Kingdom 217
Ruth Wodak and Maria Sedlak
14 Equality as a Right: Lessons to be Learned from EC
Sex Equality Law for a Multi-Dimensional EC Anti-
Discrimination Law 239
Dagmar Schiek
15 Combating Employment Discrimination in Europe:
National Variation and the Dawn of ‘Good Practice’ 259
John Wrench
Relevant Legal Instruments 279
Relevant Cases 281
Bibliography 283
–vi–
List of Contributors
Anita L. Allen is Professor of Law and Philosophy at the University of
Pennsylvania Law School, Philadelphia, US, having taken this position
in July 1998 after serving as Professor of Law at Georgetown University
for twelve years. She has published broadly on topics that include rights
of privacy, bioethics, race relations, and literature. She has lectured at
major universities and colleges all over the US, and in several European
and Asian capitals.
Luisa Antoniolli Deflorian is a doctor in law and lecturer in private com-
parative law at the Faculty of Law, University of Trento, Italy. Her areas
of research are judicial precedent as a source of law in the common law
systems, EC private law and Community legal process, affirmative actions
in Italian, EC and US American law.
Erna Appelt is Associate Professor of Political Science at the University
of Innsbruck, Austria. She was the organizer of the international confer-
ence Combating Racial Discrimination: Affirmative Action as a Model
for Europe? (Innsbruck, Austria 1998). She has published broadly on the
field of theory of democracy and women’s studies. Recent publication:
Geschlecht – Staatsbürgerschaft – Nation (Gender – Citizenship – Nation),
Campus, 1999.
Melinda Chateauvert teaches in the Afro-American Studies Program at
the University of Maryland, US. Her book Marching Together: Women
of the Brotherhood of Sleeping Car Porters was published in 1999 by
University of Illinois Press. As Research Director for the Pay Discrimina-
tion Institute, a non-profit legal defence fund in Washington DC, she
developed historical and statistical evidence for class action in race- and
sex-based wage discrimination cases and continues to work as an expert
historical witness for the NAACP Legal Defense Fund and other civil
rights agencies.
–vii–
Editors and Authors
Frank Cunningham is Professor of Philosophy at the University of
Toronto, Canada. He is teaching in the area of social and political philo-
sophy. His books include The Real World of Democracy Revisited, Human-
ities Press, 1994; and Democratic Theory and Socialism, Cambridge
University Press, 1987.
Nathan Glazer is Professor of Education and Sociology Emeritus at
Harvard University, Cambridge, US, and the co-editor of the quarterly
The Public Interest. Author and editor of many books on ethnicity, among
them Affirmative Discrimination: Ethnic Inequality and Public Policy,
Basic Books, 1975, republished by Harvard University Press, 1987;
Beyond the Melting Pot, MIT Press, 1989 (with Daniel P. Moynihan);
and most recently We are All Multiculturalists Now, Harvard University
Press 1997.
Lilian Gonçalves-Ho Kang You is Co-Chair of the Equal Treatment
Commission in the Netherlands.
Mark Graham lectures at the Department of Social Anthropology, Stock-
holm University, Sweden. His research interests include immigrants in
the Swedish labour market, ethnic discrimination and multiculturalism
in Sweden. He is currently completing a book on refugees and Swedish
welfare bureaucracies.
Monika Jarosch is a doctor in law and political scientist in Innsbruck,
Austria. She was one of the organizers of the international conference
Combating Racial Discrimination: Affirmative Action as a Model for
Europe? (Innsbruck, Austria 1998). Publications on equal opportunity in
Austria and the EU.
Louise Mulder is a member of the Equal Treatment Commission in the
Netherlands. She teaches constitutional law at the University of Amsterdam.
John Rex is Professor Emeritus at the University of Warwick, UK. Former
Director of the Social Science Research Council’s Research Unit on Ethnic
Relations, President of the International Sociological Association’s Research
Committee on Ethnic and Racial Minorities 1974–82, Member of UNESCO
International Experts Committee on Race and Racism, 1967. Author inter
alia of Key Problems of Sociological Theory, 1961; Race Relations in
Sociological Theory, 1971 and 1982; Race and Ethnicity, 1986; and Ethnic
Minorities in the Modern Nation State, Macmillan 1996.
–viii–
Editors and Authors
Dagmar Schiek is Visiting Professor of European Economic Law at
Oldenburg University, Germany (since October 1999), teaching German
civil law and European and German Labour Law. Her publications include
Lifting the Ban on Women’s Night Work in Europe – A Straight Road to
Equality in Employment? 1992; Sex Equality Law after Kalanke and
Marschall 1998; Zweites Gleichberechtigungsgesetz für die Privatwirt-
schaft, 1995; Europäisches Arbeitsrecht, 1998. Current research subjects:
European and German equality law (labour law), non-discrimination and
private contract law.
Maria Sedlak received her Master degree in linguistics and cultural
anthropology from the University of Vienna. Since 1993, she has been
participating as a research associate in different international projects,
among others she conducted research on racism in Austrian and German
political discourse. Presently, she holds a grant of the Austrian Academy
of Sciences to pursue her Ph.D. study on emotional communication in
psychotherapy.
Maritta Soininen is Associate Professor and lecturer at the Department
of Political Science, Stockholm University, Sweden. Her main research
interests have been in the field of the political socialization of children
and immigrant and refugee policy especially with regard to the Swedish
Refugee Reception Programme. She has published on topics like the
Swedish corporate model, the prevention of ethnic discrimination, the
political participation of immigrants, and Immigrants in the Political
Process, 1998.
Paul Taylor teaches at the School of Humanities and Social Sciences at
the University of Sunderland, Sunderland, UK. Principle areas of research:
the effectiveness of equal opportunities policies, particularly within higher
education. He has worked on the evaluation of anti-discrimination training
activities, a project supported by the International Labour Office. Recent
publication: The Evaluation of Anti-Discrimination Training Activities
in the UK, ILO 1997, (with Powell and Wrench).
Caterina Ventura works as a legal officer in the Department of Foreign
Affairs and International Trade, United Nations, Human Rights and
Humanitarian Law Section. She has held the positions of investigator,
conciliator, legal counsel and policy analyst over the last 15 years in
Canadian provincial and federal human rights commissions. She was a
consultant to the International Labour Organization project Combatting
–ix–