Foreign practice of positive discrimination

Abstract

The article is devoted to the actual problem of modern society — positive discrimination. The introduction of preferential treatment is accompanied by intense controversy, the main disputes are centered around the issues of meeting such a policy with certain criteria of fairness and possible distortion of the incentives that it creates for beneficiaries. The author, based on a comprehensive analysis of doctrinal views and the experience of some countries, identifies common trends and differences in scientific views regarding the use of positive measures, offers his definition. It is worth noting that the lack of a unified opinion of specialists, the unformed practice of implementing the policy of positive discrimination actualize the chosen topic as the subject of research. As a result, the author comes to the conclusion that due to the fundamental nature of the real and potential problems of affirmative action, they appear in the center of state policy as a means of economic growth/efficiency or as a way to achieve equality and social justice. Positive discrimination is aimed at compensating for the consequences of difficult socio-economic conditions that have affected certain groups of the population. There is a risk of stigmatization as a real and destructive phenomenon, the elimination of which will only harm minorities without eradicating racist beliefs. Therefore, the author believes that the effectiveness of affirmative action should be aimed not only at redistributing the positions of groups and providing preferential benefits (preferences), but also at structural changes in modern society, perpetuating the marginalization of certain classes.