Blatant Discrimination Research Articles

Populism, anti-populism and minorities: Governmental discourses on the Romani people in Greece (2015-2022)

The beginning of the 21st century is characterized by the rise of extremism nationalism, racism and xenophobia that deeply affect minority rights, such as the Roma that face diachronically blatant discrimination and racism. Due to the fact that many of the political leaders who underestimate the rights of minorities express often a populist discourse, a debate has opened up about the relationship between populism and minorities. There are many scholars who believe that populism tends to undermine liberal features like minority protections. But is populism necessarily an anti-pluralist and anti-minority phenomenon? What about the case of left-wing populism? Why do we avoid focusing on the relationship between anti-populism and minorities? In this article, we examine the relationship between populism, anti-populism and minorities through the case of two different governmental discourses in crisis-ridden Greece. Specifically, we focus on the governmental political discourse and policies of the populist SYRIZA (2015-2019) and anti-populist ND (2019-2022) on Roma, with the aim of showing that populism is not necessarily anti-pluralist, while anti-populism is not always pluralist, as both phenomena can follow inclusionary or exclusionary logics.

The Role of Perceived Forms of Discrimination Within the Psychological Acculturation Process of First-Generation Immigrants: A Scoping Review

Perceived discrimination has been found to be a common acculturative stressor among migrants negatively affecting their psychological acculturation process. Yet, a comprehensive review that focuses on how perceived discrimination is conceptualized and operationalized in the acculturation context is still missing. Furthermore, it is still unclear whether subtle and blatant forms of discrimination have been considered and compared in their effects in the acculturation literature, albeit some research suggests that the distinction between these two forms of discrimination is relevant and should be considered. Following the guidelines of the Joanna Briggs Institute, the present scoping review aimed to provide a systematic map of how perceived discrimination has been studied in the literature on first-generation adult immigrants’ psychological acculturation. A comprehensive search was executed in three databases (EBSCO, Scopus, and Web of Science), and 2,872 relevant sources were identified. A total of 143 studies were included after screening abstracts and full texts. A systematic coding scheme was then applied to all included articles. Results showed that 80% of the studies were cross-sectional and/or considered discrimination as a predictor of psychological outcomes, while other variables, for example, acculturation orientations and identity constructs, have been much less studied. Perceived discrimination was measured with over 50 different scales, yet only 10% of the studies made a clear conceptual difference between subtle and blatant discrimination. Moreover, the operationalization of these two forms of discrimination was often ambiguous. The present review identifies important knowledge gaps in the acculturation literature and draws recommendations for future research.

Zainichi Korean Women and Intersectional Visibility: Private Talk, Public Speech, Political Act—Seeking Justice in Japan

Abstract: Currently, Zainichi Korean women emphasize being “ethnic women” in the public sphere. Individual consciousness, in conjunction with the history of the ethnic community, socio-political realities and trends within the mainstream Japanese society, and international collective movements are charting the course of action in discovering their public voice. The merging of spaces from private talk and memory of first generation serves as a catalyst for younger generation women to “seek justice.” Zainichi women’s legacy of strength of survival, and the collective consciousness of activism against blatant discrimination within Japan, as well as the recognition that social gains are only won through speaking out, younger generation women are setting legal precedence. Although facing opposition and retaliation from the socially and politically powerful, through strategies formed in intergenerational collectives and interethnic collaboration of women across ethnicities, vitriolic hate speech and hate crime are countered by women historically cast aside and invisible. I argue that Zainichi Korean women’s battles against hate-speech are for the sake of demanding social justice as individuals, as well as in reaction to the communal memory of oppression as Koreans in Japan, and as a message for the greater society that they would not simply take it and will not remain quiet.

Breaking the Glass Ceiling In Kenya: Defining Attributes Of Trailblazing Women in Higher Education Leadership Positions

Patriarchal issues, in which the women's role was to always take care of the family and pursue motherly duties have hampered women’s quest for ascendency to leadership positions, and more so in Africa. Yet, as the years and generations pass, women are just as capable to be a leader in big companies, yet due to past traditions they are still viewed as the caretaker of the family. The objective of the study was to presents in detail the attributes of the women trailblazers in higher education leadership in Kenya. A feminist approach problematizes the gendered relations in universities which research has pointed to inequalities in the distribution of resources and opportunities.This study is situated within the African Feminist theoretical framework because it is central to the fight against oppression of women in Africa and has granted women a platform to voice their concerns. The plank of African feminism postulates that, in many parts of Africa, women strive to bear and rear children in addition to having economic and political roles. This theory underpinned this study because African feminist perspective problematizes the blatant discrimination against women in all cadres, particularly in leadership levels across institutions. The study was qualitative in nature and was based on a census survey design. The research targeted 107 women in leadership ranks of principals, research centers’ directors, deans, and heads of departments, as well as deputy vice-chancellors and vice-chancellors across the 32 public universities.The results from the study are mainly based on a verbatim narrative of 18 women leaders in response to the research questions. Some of the 18 participants currently occupy senior leadership positions and small number of former leaders that have since completed their terms, retired or moved on to leadership positions outside the university. Overall the respondents are associated with 12 of the 32 public universities in Kenya. The study answered the research question: What is the defining attributes of the women in higher education leadership in Kenya? The study found that the attributes can be broadly categorized as leadership style and quest for identity, the right skillset, education, and training, activism and collaboration, reliance on role models and mentors, demonstration of ambition and standing out, and being an embodiment of spiritual values. The study concluded that it’s through the exposition of this attributes that the women in higher education leadership have been able to break the glass ceiling.

Justification for the development of measures to neutralize sanctions pressure and further development of the Russian economy

An unprecedented number of sanctions have been imposed against Russia over the past year. The sanctions imposed against our country by Western countries have affected almost all spheres of the economy. From industry and agriculture to the banking sector, from the blatant discrimination of our athletes in the international arena to the attempt to abolish Russian culture. The article analyzes the impact of sanctions on various sectors of the economy, including the energy sector, mechanical engineering, agriculture, banking and IT spheres, and others. The strengths and weaknesses of the domestic economy are assessed, the directions in which the countries of the world critically depend on Russia are presented, among them the production of agricultural products, fertilizers, chemical, metallurgical, machine-building and other industries. The analysis of macroeconomic indicators of Russia and some Western countries that imposed sanctions is carried out. Macroeconomic analysis showed the stability of the domestic economy, while the decline in gross domestic product was less than predicted, and domestic inflation was lower than in some Western countries. A large section of the article is devoted to areas to reduce the country's dependence on Western products and technologies, presents the main measures to neutralize sanctions pressure and further development of the Russian economy, which the authors divided into three areas: measures in the short, medium, and long-term prospects. The list of measures to reduce the negative impact of sanctions, among other things, included ensuring budget revenues through the sale of energy resources, import substitution of products of departed Western companies, ensuring the sustainability of the economy, the development of a digital, and subsequently an innovative economy. All this should ensure the socio-economic prosperity of the state and ensure its sustainable development for many years.

Impact of Algeria's Reservation to CEDAW on the Freedom of Muslim Women

It is well established that the international community, and particularly Western society, follows the belief that women, especially Arab Muslims, do not enjoy a measure of freedom, for the reason that they are not considered to have de facto equality with men in rights before duties. This has resulted in suffering regarding all forms of blatant discrimination and this is not in line with the principles preached by the human rights advocated by international organizations and conventions. The latter clearly necessitated the enactment of a convention guaranteeing women's freedom through equality between the rights of women and men and the elimination of all discrimination between them. All this aforementioned discrimination and lack of freedom resulted in the Convention on Elimination. On this basis, the rationale of the present research paper and its objectives aim to shed light on the issue of women's empowerment regarding their rights at both, the level of international conventions as well as legal texts. In addition to this, the Algerian legislator had attempted to reconcile with the provisions of the Convention on the Elimination of all forms such as Discrimination against Women whether through the rules of family law or those rules that are derived from Islamic law.

A relational perspective comparison of workplace discrimination toward Muslims in Muslim-minority and Muslim-majority countries

Research on discrimination and inequality has seen a significant increase in workplace religious discrimination toward Muslims. However, it is not well understood how macro-societal, meso-organizational and micro-individual factors contribute to workplace discrimination toward Muslims. Using a systematic literature review (SLR), this study analyses 134 articles to frame a comparative lens of discrimination toward Muslims in Muslim-minority and Muslim-majority countries. This study reveals different discrimination patterns in both country types. In Muslim-minority countries, only the macro-societal level factors are consistently linked to blatant discrimination form while the other two levels (meso-organizational and micro-individual) contribute towards a mixture of blatant and subtle discrimination incidents. Meanwhile, Muslim-majority countries' discrimination cases specifically occur towards women in subtle manners at each level. The different discrimination patterns in the two country types also leads to other notions such as the logic of in-group discrimination toward Muslim women in Muslim-majority countries and the repositioning of gender and religious identities.

Gender in Economics Fifty Years Ago and Today: Feminist Economists Speak

Fifty years ago, women endured blatant discrimination, hostility, and exclusion in economics. Marginalized, they founded institutions that allowed feminist economics to flourish and contributed groundbreaking work. Today, gender is widely accepted in mainstream economics, but feminist economics is not, and discrimination and sexual harassment endures. Changing the culture in economics and embracing diverse perspectives and methodologies will enrich the profession for everyone. JEL Classification: J71, B29, B5, B4

Employment Discrimination by Algorithm: Can Anyone Be Held Accountable?

Accountable? Author Natalie Sheard The use by employers of Algorithmic Hiring Systems (‘AHSs’) to automate or assist with recruitment decisions is occurring in Australia without legal oversight. Regulators are yet to undertake an analysis of the legal issues posed by their use. Academic literature on this topic is limited and judicial guidance is yet to be provided. This article examines to what extent, if at all, Australian anti- discrimination laws are able to regulate the use by employers of discriminatory AHSs. First, it examines the re-emergence of blatant discrimination by digital job advertising systems. Second, it considers who, if anyone, is liable for automated discrimination. Third, it examines the law’s ability to regulate ‘proxy’ discrimination. Finally, it explores whether indirect discrimination provisions can provide redress for the disparate impact of an AHS. Australia’s anti-discrimination laws are long overdue for reform. This article concludes that new legislative provisions, as well as non- binding guidelines, specifically tailored to the use by employers of algorithmic decision systems are needed.

The Copyrightability of Opera Direction

Abstract A judgment of the Italian Court of Cassation – No. 17565 of 18 June 2021 – offers an opportunity to investigate the legal protection options applicable to the direction of opera. As this issue is not addressed by EU law, EU Member States have adopted different approaches, from awarding copyright, to neighboring rights, to a mixture of the two. This opinion aims at finding the most consistent solution within the Italian legal framework. After an assessment of the alternative legal options, it argues that opera direction should be eligible for copyright protection via an analogical application of Art. 44 of the Italian copyright law, which indirectly includes cinematic direction within the area of copyrightable works. This conclusion is based on the fact that there are no substantial differences between the two types of direction justifying a diverse treatment. Otherwise, it would result in blatant and unsubstantiated discrimination because both categories of directors set out to convert a text – the dramatic text or the film script – to the medium of theatre or film respectively. Finally, this opinion suggests that even if the other creative roles involved in opera making are not addressed by the law, they too should qualify as co-authors if they make a creative contribution.

Ableist Rhetoric: How We Know, Value, and See Disability by James L. Cherney

Reviewed by: Ableist Rhetoric: How We Know, Value, and See Disability by James L. Cherney Emily Krebs Ableist Rhetoric: How We Know, Value, and See Disability. By James L. Cherney. University Park, PA: Penn State University Press, 2019; pp. 200, $101.95 hardcover; $33.95 paper. With the widespread normalization of COVID-19, many of the accessibilities afforded to high-risk groups at the start of the pandemic are slipping away. High-risk groups are facing the brutal realities of ableist rhetoric undergirding claims that it’s “encouraging” that the majority of people dying from COVID are “unwell to begin with.”1 Eugenic logics are hidden beneath rhetoric that seems mundane, perhaps even encouraging to nondisabled groups who call for “returning to normal.”2 As much as I empathize with those seeking relief from isolation, anxiety, and grief, I must also ask: To whose normal are we returning? Who is going back? And who will be left behind? It is with this context that I offer this review of James (“Jim”) L. Cherney’s book Ableist Rhetoric: How We Know, Value, and See Disability.3 This text serves as a jumping off point for rhetorical scholars because it offers a unique turn for disability studies, focusing on rhetorics ableism instead of disability itself. Cherney offers this lens not to replace disability studies research but to complement it with a focus on the basic mechanisms and logics of discrimination that de/value all humans. He identifies his work as an examination of ideology and rhetoric, meaning that he focuses on the meanings attached to disability rather than the material or scientific status of disablement. This approach is powerful because, while few people today openly mock disability, many regularly communicate using ableist rhetorics and logics. At the core of this book, Cherney argues that “contemporary culture accepts ableist rhetoric, not ableism per se.”4 He explains that while our current culture discourages blatant discrimination and bigotry, we also distance ourselves from association with this behavior in a way that erases our complicity in more covert forms of oppression. We do not consider ourselves fundamentally ableist, nor [End Page 227] do we identify rhetorics of ableism as impacting our systems of knowledge or values. However, we still routinely rely on logics that frame disability as “inherently undesirable and diminishing.”5 Cherney argues that this feels like a reasonable perspective because of the ubiquity of ableist warrants; they have become “common sense.”6 This is problematic because, in Cherney’s words, “When ableist warrants remain accepted ways of thinking in the culture, they limit the capacity of antidiscrimination measures.”7 In response, Cherney calls upon rhetorical scholars to attend to that which “goes without saying” in order to expose those allegedly pure logics as rhetoric, and thus, open space to identify and move away from ableist culture.8 Such work is particularly powerful given current discourses around COVID-19, high-risk populations, and resistance to precaution mandates. Thus, Ableist Rhetoric has the potential to serve a wide range of rhetorical projects in health communication and critical cultural studies in addition to more traditional disability studies work. Attending to ableist warrants is a powerful tool for disability justice because these rhetorics operate regardless of a disabled person’s presence or absence. As Cherney explains, attending to ableist warrants therefore allows a broader reach of disability studies—beyond the presence of disabled people/characters—to attend to the violences of anti-disability logics. Addressing ableist rhetoric in spaces where disability itself is not explicit is crucial because it attends to “prior questions”9 and requires scholars to “take a step back from procedural questions typically posed . . . to inquire about what makes certain meanings possible in the first place.”10 This means rhetoricians can address larger phenomenological issues about the nature of ableism and its relationship with other forms of oppression to catch ableism at it roots and reveal undercurrents of ableism that too often run unchecked. To open the project of investigating ableist rhetoric, Cherney addresses three primary rhetorical warrants in this book: (1) deviance is evil, (2) normal is natural, and (3) body is able. He offers case studies for each, which stem from his...

Has the glass ceiling for women in academic psychiatry been removed and replaced? A commentary from the personal experiences of a senior academic woman during the course of a 42 year career

Women have historically faced many barriers to professional achievement that have not been suffered by most men; and those women who chose psychiatry as a profession are not exceptions, despite psychiatry having a reputation for attracting more women members than many of the other fields of medicine. While a couple of generations ago, blatant discrimination against women was accepted, whether it was because men were thought to traditionally be the family bread winners and women in charge of household stability, or because their appearances and personalities generated a stereotype of what a leader is meant not to “look like”. However, more recently, women have been raising awareness that these views can no longer be tolerated and are calling for change that requires equal opportunities for leadership roles and academic success. The ways in which change can occur include: developing mentorship programs, requiring all faculty, particularly anyone in a leadership role, to be trained in ways in which implicit bias occurs and how to remedy it, providing networking opportunities, and practicing transparent non-biased hiring practices. These will reduce not only the male/ female gap in academic success, but similarly that which exists between racial, ethnic and gender minorities and those who are not thought of as such.

Multimodal Expressions of Self: Telling Ghost Stories as Intersectional African American and Latinx American Scholars

Using autoethnography to critically analyze personal and cultural experiences, we use the notion of “home” metaphorically through (a) academia—of our traumatic experiences as African American and Latinx women seeking acceptance in academic institutions despite blatant inequities, discrimination, and racism; and (b) intergenerational family and ancestral narratives—of past/present experiences and stories of identities, homes, and borders. We craft transnational and intersectional autoethnographic narratives to illustrate how our perceptions of self as African American and Latinx American scholars have been shaped across research, politics, and digital spaces. We address perspectives of how our past and current institutional spaces created emotional and contested imbalances in our sense of self and in how we defend our work. In our representation of the quest for home with(in) academia, we employ the multimodal lenses of poetry, images, voices, and the theories of Gloria Anzaldúa and Audre Lorde to elicit how various expressions of storytelling extend our thinking about qualitative inquiry in today’s society in ways that help to challenge academic and institutional structures.

IsabelWilkersonCaste: The Origins of Our DiscontentsRandom House, 2020. 496 p. $32.00

IsabelWilkersonCaste: The Origins of Our DiscontentsRandom House, 2020. 496 p. $32.00

All The Little Children: Protecting The Best Interest Of The Child By Balancing Religious Freedom With Defenses Against Discrimination

Private, religious adoption agencies across the nation are shutting down because local governments are forcing the agencies to choose between working with the foster care system and their religious beliefs. These agencies do not generally place foster children in the homes of same-sex couples. Because the agencies feel that they cannot comply with the local anti-discrimination laws and some governments have not issued religious exceptions, these agencies are shutting down and ultimately foster children have fewer advocates. The focus of this debate must be on the best interest of the foster children. Advocates for the agencies argue that they are exercising their fundamental religious beliefs, and advocates for the same-sex parents argue that this is blatant discrimination. However, the reality is that despite these claims, the agencies will not and have not ever chosen to remain operative in the face of this problem. If the government forces a religious agency to choose between its faith and their work with the government, they will close their doors. Therefore, the most effective solution is to allow these agencies to continue their work with the foster care system. Further, the legislatures should enact regulations that provide safeguards for the couples that the agencies will not work with for religious reasons. This solution works for the children in question and allows every eligible person to adopt or foster a child if that is their goal. This comment focuses on the best interest of the children involved, while also analyzing and balancing the conflicting interest of freedom of religion and preventing discrimination against same-sex couples.

Review: Gerrymanders: How Redistricting Has Protected Slavery, White Supremacy, and Partisan Minorities in Virginia, by Brent Tarter

Review: <i>Gerrymanders: How Redistricting Has Protected Slavery, White Supremacy, and Partisan Minorities in Virginia</i>, by Brent Tarter

Targets of Opportunity? The History, Law and Practice of Affirmative Action in University Faculty Hiring

Can universities legally employ race- and sex-based preferences in faculty hiring? This Article explores the history, law, and practice of faculty-related affirmative action, tracing its origins back to largely forgotten legal challenges in the early 1970s over universities’ blatant discrimination against women. Since that time universities have developed hiring schemes that are typically hidden from public view and that steer certain minority and female faculty candidates into special hiring processes. Those special processes, euphemistically called “Target of Opportunity Programs” (TOPs), create faculty positions for which candidates are identified on the basis of race and sex and for which candidates from non-preferred demographics are not invited to apply. The legality of TOP searches is rarely discussed openly on campus. While some have suggested that the Supreme Court’s diversity jurisprudence in the admissions context permits preference-based faculty hiring, this Article shows that the diversity rationale travels poorly to the context of faculty hiring. Moreover, faculty hiring, unlike admissions, is regulated by a complex system of anti-discrimination norms in state law, federal employment law, and administrative regulations that appear to tightly constrain permissible employment-related affirmative action. The Article concludes that race- and sex-based preferences for faculty hiring are problematic. They are difficult to justify under the standard diversity rationale, and they seem to violate employment law and an Executive Order governing government contractors by creating the functional equivalent of race- and sex-based set asides.

Editors' note: Understanding and addressing gender equity for women in neurology

In “Understanding and addressing gender equity for women in neurology,” Dr. Julie Silver proclaims the need for medical schools, academic medical centers, funding agencies, journals, and medical societies to recognize and correct gender disparities for women in medicine and in neurology, in particular. Dr. Jennifer Graves responds that systematic biases must be overcome via advocacy from all neurologists, akin to the actions of NIH Director Francis Collins who refused to sit on an all-male scientific panel. Dr. Jill Farmer praises both Dr. Silver and the women who paved the way to allow today's women physicians to be “liberate[d], empower[ed] and embolden[ed].” Dr. Elizabeth Loder also lauds Dr. Silver for drawing attention to the multitude of challenges women clinicians face including sexual harassment, pay disparities, blatant discrimination, and sexism. Dr. Silver responds to the comments of these 3 women physicians in a befitting manner by highlighting and praising the accomplishments of each in addition to addressing the substance of their replies. In “Understanding and addressing gender equity for women in neurology,” Dr. Julie Silver proclaims the need for medical schools, academic medical centers, funding agencies, journals, and medical societies to recognize and correct gender disparities for women in medicine and in neurology, in particular. Dr. Jennifer Graves responds that systematic biases must be overcome via advocacy from all neurologists, akin to the actions of NIH Director Francis Collins who refused to sit on an all-male scientific panel. Dr. Jill Farmer praises both Dr. Silver and the women who paved the way to allow today's women physicians to be “liberate[d], empower[ed] and embolden[ed].” Dr. Elizabeth Loder also lauds Dr. Silver for drawing attention to the multitude of challenges women clinicians face including sexual harassment, pay disparities, blatant discrimination, and sexism. Dr. Silver responds to the comments of these 3 women physicians in a befitting manner by highlighting and praising the accomplishments of each in addition to addressing the substance of their replies.

Human rights education and the plight of vulnerable groups with specific reference to people with albinism in Tanzania

Although all human beings are vulnerable, some are more vulnerable than others, for example, people with albinism. Similarly, although albinism occurs in all parts of the world, it is more prevalent in some societies than in others. For example, Tanzania, in common with other countries in sub-Saharan Africa, has a high prevalence of albinism. Apart from being subjected to blatant discrimination and abuse, people with albinism suffer atrocious attacks sometimes resulting in death. This paper explores the nature and extent of discrimination and human rights violations of people with albinism in Tanzania in the context of the relevant legal framework available for their protection. Using people with albinism in Tanzania as a proxy, the paper argues that there is a need for human rights education not only to empower vulnerable people to defend and protect their rights but also to sensitize societies to respect and not violate the rights of such people. The paper concludes with several recommendations that apply to people with albinism in Tanzania as much as they would apply to any vulnerable group anywhere else in the world.

Can Anyone Be Trusted to Enforce National Treatment Disciplines With Respect to Tax Measures?

Because the traditional non-discrimination article of tax treaties seem­ingly provides protection against only the most blatant discrimination against non-residents and non-nationals of a taxing State, governments may be emboldened to adopt “anti-abuse” rules that are in reality dis­guised trade barriers. On the other hand, trade disciplines in non-tax agreements may include protections against discriminatory taxes that non-specialist courts interpret in expansive ways, contrary to the wishes of tax authorities. An OECD project in the mid-2000s was an opportu­nity for governments to re-think the piecemeal nature of the traditional non-discrimination article in tax treaties and develop a coherent national treatment system that takes into account legitimate tax policy concerns. Instead, the project resulted in a mishmash of changes that largely blessed the various discriminatory practices that governments had adopted to that date. If tax authorities want to continue to play a leading role in developing international tax policy, they should consider whether a tax treaty approach that borrows concepts from non-tax agreements would better balance the interests of governments and tax­payers than the current version of Article 24 (and the Commentaries thereon).