A COMPARISON BETWEEN THE US AND EU

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AFFIRMATIVE ACTION

• A COMPARISON BETWEEN THE US AND EU

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What is Affirmative Action?

• EU
• Council Directive 76/207
• The concept of positive action embraces all
  measures which aim to counter the effects of past
  discrimination, to eliminate existing
  discrimination and to promote equality of
  opportunity.
• (a.k.a. positive action/
• discrimination)

• US
• American Psych Association Voluntary and
  mandatory efforts undertaken by the federal,
  state, and local governments private employers
  and schools to combat discrimination and to
  promote equal opportunity in education and
  employment for all.

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• The success of the affirmative action depends on
  how effectively it is made to be seen as a
  natural extension of a societys culture and law

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US SOCIETY AA

• Misunderstood
• Polls indicate that many Americans believe AA
  reverse discrimination
• Misrepresented by sensational anecdotes
• 317 black applicants admitted to UC Berkeley
  under affirmative action criteria average SAT
  score of 952 was well under Berkeleys average of
  nearly 1200 More than 70 percent of those
  students failed to graduate from Berkeley
• Un-American
• A policy that suggests that some people need a
  head-start in order to succeed undermines the
  American belief that anyone can make it if they
  work hard enough.
• Is a corrupted vision of civil rights goes
  against the American civil libertarian tradition
  of private property, the rule of law, and limited
  government.

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EU SOCIETY AA

• Questioned
• In Slovakia many people rallied against
  affirmative action for Roma, as they feared this
  would lead to Gypsies eventually coming to rule
  over ethnic Slovaks as slave-driving
  task-masters
• Social Responsibility
• For nearly 50 years, the European Member States
  have worked towards achieving a high level of
  employment and social protection, increased
  standards of living and quality of life, economic
  and social cohesion and solidarity. They have
  also endeavored to create an area of freedom,
  security and justice.

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US LAW AA

• There is absolutely no mention of affirmative
  action in the US Constitution
• 14th amendment (equal protection) No State
  shall make or enforce any law which shall abridge
  the privileges or immunities of citizens of the
  United States nor shall any State 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.
• 1997-98 Taxman v. Board of Education and struck
  down an affirmative action measure because,
  Diversity itself cannot be considered a
  compelling state interest.

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EU LAW AA

• AA encouraged in Convention on the Elimination of
  All Forms of Racial Discrimination (ICERD)
  Framework Convention for the Protection of N. M.
• Racial Equality Directive and the Employment
  Framework Directive also allow for affirmative
  action measures to be taken.
• EUs Treaty of Amsterdam allows for sanctions to
  be brought against member states who commit a
  serious and persistent breach of the principles
  of liberty, democracy, respect for human rights
  and fundamental freedoms, and the rule of law.
• Connors v. UK ruled that there is a positive
  obligation imposed on the Contracting States by
  virute of Article 8 to facilitate the gypsy way
  of life.

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AND SO

• The EU has developed a model for successful
  implementation of Affirmative Action and the US
  would do well to follow their example

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QUESTIONS