Affirmative Action Around the World
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Terminology
There is no consensus regarding the term "affirmative action," which is most commonly used in the United States. At the international level, the preferred phrase is "special measures." The European Union (EU) originally used the awkward "positive discrimination" to describe this concept, but started using the new term "positive action" quite recently. As the terminology varies by region, so differs also the definition, meaning and legal justification of this concept.
Positive Action in the European Union
In 2000, the European Union adopted two ground-breaking directives, the "Racial Equality Directive" and the "Employment Equality Directive," both of which aim to ensure that everyone living in the EU can benefit from legal protection against discrimination. The directives also provide for positive action measures. The EU has one of the most advanced legal frameworks in this area to be found anywhere in the world. EU countries still, however, face major challenges of social and economic exclusion. One such difficulty is a lack of data and statistical indicators in the field of non-discrimination. In some EU countries it is simply not permitted to collect certain kinds of information, such as census data on ethnic minorities. The consequence is that it is much harder to understand, prove and justify the case for affirmative action. Another challenge, fundamental to the effective implementation of the legislation, is ensuring the commitment of national authorities, and the active support and involvement of civil society, in positive action measures.
More Information on Positive Action in the European Union
AAPF International Affirmative Action Blog
Extending EU Anti-Discrimination Law - European Network Against Racism - March 2008
The Benefits of Positive Action - EU Agency for Fundamental Rights and the International Center for Migration Policy Development - March 2008
Equal Rights Versus Special Rights? - European Commission: Directorate General for Employment, Social Affairs, and Equal Opportunities - June 2007
Beyond Formal Equality - European Commission: Directorate General for Employment, Social Affairs, and Equal Opportunities - June 2007
Putting Equality Into Practice: What role for positive action? - European Commission: Directorate General for Employment, Social Affairs, and Equal Opportunities - March 2007
Developing Anti-Discrimination Law in Europe: The 25 EU Member States Compared - The European Network of Legal Experts in the Non-Discrimination Field - November 2006
Changing Perspectives: Shifting the Burden of Proof in Racial Equality Cases - European Network Against Racism - June 2006
Catalysts for Change? Equality Bodies According to Directive 2000/43/EC - European Commission: Directorate General for Employment, Social Affairs, and Equal Opportunities - March 2006
Towards Equal Treatment: Transposing the Directive—Analysis and Proposals: Part I and Part II - European Network Against Racism - March 2002
