Abstract
The article examines the problem of affirmative action as an institution of international human rights law. The author points out the need for special protection of certain categories of persons, examines the concept and name of measures known as affirmative action. It is emphasized that such measures will be justified if they are objectively necessary, temporary in nature, proportional to the purpose for which they were introduced, collective in nature, i.e. distribution to the relevant group. The article reveals the problems associated with affirmative action, highlighting various forms of exaggeration and abuse of them, and provides specific examples from practice. The author comes to the conclusion that the concept of affirmative action is an important civilizational heritage that should be developed without going to extremes. The article expresses the idea that exaggeration does not correspond to the very idea of the protection in question, as well as the conditions defined to justify the introduction and implementation of positive action measures, primarily those that relate to the requirement of objectivity and proportionality to the desired goal. The author comes to the conclusion that affirmative action measures should in no case turn into a violation of the equally valuable and legitimate rights of the majority of the population or other groups.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call