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’: http://www.cre.gov.uk/duty/index.html 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)