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Institutional Racism and Duties to Promote Equality Mark Bell.

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Presentation on theme: "Institutional Racism and Duties to Promote Equality Mark Bell."— Presentation transcript:

1 Institutional Racism and Duties to Promote Equality Mark Bell

2 Racism and discrimination Racism as ideology Discrimination as behaviour –Individual acts –Institutional practices Institutional racism –Focus on outcomes –Structural disadvantage

3 Institutional racism and law Anti-discrimination legislation tends to focus on individual acts of discrimination –proving who is at fault –compensating identified victims  reactive  depends upon litigation

4 Duties to promote equality ‘positive’ obligation on organisations Not enough to refrain from discrimination Focused on group outcomes Premised on the mainstreaming approach Participation of affected communities

5 An example: the British race equality duty General duty on public bodies: –Eliminate discrimination & promote equality –Promote good relations (S. 71(1) Race Relations Act 1976) Specific duties –Data collection –Impact assessment –Race Relations Act 1976 (Statutory Duties) Order 2001 (No. 3458)

6 Progress so far … Putting it into practice: Enforcement Incorporating diversity

7 Further information Commission for Racial Equality: ‘The Race Equality Duty’: S Fredman, ‘Changing the norm: positive duties in equal treatment legislation’ (2005) 12 Maastricht Journal of European and Comparative Law 369 H Hill, Blackstone’s Guide to the Race Relations (Amendment) Act 2000 (Oxford: Oxford University Press, 2001)


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