Race, Religion and Positive Action Measures in Europe: Far From a Fairy Tale?
(2022) Interdisciplinary Conference on European Advanced Studies (IDEAS) - 2022 — Location: Université Libre de Bruxelles (11.May.2022)
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- Abstract
- Positive actions have been adopted at the EU and national levels to fight against substantial inequality. Their efficiency, while (arguably) admitted when it comes to discriminations based on the “sex” or the “age”, is questionable for individuals discriminated against on the basis of “invisible”, “difficult-to-be-proved” or “sensitive” criterion, such as “race” (or ethnic origin) and “religion” (or belief). Two obstacles to the efficiency of positive actions can be identified at the EU and domestic levels. First, the legal definition of “race” and “religion” as criteria of discrimination, and their interpretation by the judge, presupposes a societal analysis, which can be potentially biased and places the judge in a delicate situation. Second, the factual identification of those in need for positive action remains sensitive, and highly limited by the right to privacy, including data privacy, of those individuals. Our analysis will compare the EU and the Belgian levels, both to study their interactions in the implementation of positive actions and to identify improvement paths that one could draw from the other. As such, our research aims thus at replying to the following questions: how can we overcome those two obstacles to the efficiency of positive actions in cases of discrimination based on race or religion? Is the adoption and application of positive actions even an adequate tool to act against types of discrimination based on criterion that are uneasily identified?
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Mercier, S., & et al. (2022). Race, Religion and Positive Action Measures in Europe: Far From a Fairy Tale? Interdisciplinary Conference on European Advanced Studies (IDEAS) - 2022, Université Libre de Bruxelles. https://hdl.handle.net/2078.5/102879