Discriminatory Exclusion Research Articles

Religious Inequalities and Human Rights: Implications for International Development

: This article explores the impact of inequalities linked to religious identity on development strategies and outcomes. Religious prejudice and differential treatment among communities affect development practice and outcomes, undermining social harmony and cohesion and deflecting development strategies. Development actors, however, often fail to take these issues fully into account. Unequal treatments range from discriminatory exclusion and persecution to preferential treatment, creating or accentuating inequalities among communities. Human rights violations are often involved. By various measures, problematic situations are increasing across countries, sparking social tensions that can undermine social compacts. Assessments of inequality and policies to address inequality should take more clearly into account religious identities and communities.

Neighbourhoods still Matter Because Housing Market Actors Believe They Matter

The urban neighbourhood – though increasingly assailed as a problematic spatial construct – still matters in contemporary societies because it is a crucial unit of reference in metropolitan housing markets. The logic is as follows. Key housing market actors – households, owners, developers, and agents – believe that the local area in which they live, own property, or try to sell property influences their own wellbeing for a number of social-psychological and/or economic reasons. Because these people then act on their neighbourhood-related beliefs in a variety of ways, this implies that neighbourhoods are important: they generate collective behavioural responses. Put more succinctly, neighbourhoods must still matter because housing market actors believe they matter and then behave based on these beliefs. Evidence to support this logic is assembled here from a wide variety of interdisciplinary sources. For households, we observe the strong relationship between neighbourhood conditions and satisfaction, housing search, and intra-urban mobility. For property owners and developers, we observe how neighbourhood attributes strongly influence property values and, relatedly, the virulence of NIMBY protests when changes in these a ributes are considered threatening. For housing agents, we see continued evidence of discriminatory exclusion and geographic steering on the basis of neighbourhood racial/ethnic and income composition.

190 Enhancing Research Ethics, Equity and Protections for Uninsured Study Participants

OBJECTIVES/GOALS: To increase diversity in clinical and translational research (CTR), to strengthen protections for uninsured and under-insured study participants from vulnerable groups by addressing their medical, ancillary care and psycho-social needs and to develop a systematic ethically sound approach to addressing such needs in the study protocol and budget. METHODS/STUDY POPULATION: We conducted) ethical analyses of: (1) the regulatory and ethics scholarship concerning protections and duty of care to research participants from vulnerable groups, and 2) arguments concerning the nature and scope of ancillary care obligations of researchers, as well as 3) a review of the applicable local, federal, and international regulations and practices concerning the duty of care to CTR participants and potential participants who are uninsured, under-insured and/or undocumented members of vulnerable groups. RESULTS/ANTICIPATED RESULTS: Uninsured and underinsured study participants pose major ethical challenges for CTR as medical needs arising during a study are usually covered by the participants own insurance. Lack of health insurance increases vulnerability and creates (1) a barrier to research participation for members of socially disenfranchised groups, (2) risk of discriminatory exclusion of such participants from clinical studies, and (3) inter-institutional inconsistencies in meeting their medical needs; thus limiting diversity in CTR. To address the challenges, we propose an inclusive, systematic, ethically sound approach, which deliberately plans for and provides resources within a study protocol to address the medical and psycho-social needs of uninsured participants during and beyond the study. DISCUSSION/SIGNIFICANCE: Including diverse participants in CTR ensures data quality and social justice. PIs and IRBs should adopt an inclusive approach to the medical needs of vulnerable uninsured participants, plan for their medical and ancillary care needs in the protocol and budget, list community resources, provide follow-up support and note assistance in their files.

Historical Injustice in Immigration Policy

The history of immigration policy is marked by the wrongful and discriminatory exclusion of certain groups of people. In this article, I argue that descendants of those who were wrongfully excluded have a pro tanto right to immigrate to the state in question as reparation. I begin by identifying the two main approaches theorists generally take to establish a claim for reparation: the inheritance approach and the counterfactual approach. In the first section, I argue that the inheritance approach does not offer a promising argument for reparations for descendants of those who were wrongfully excluded. In the second section, I argue that the counterfactual approach, by contrast, does. In the third section, I respond to the objection that this prima facie claim for reparation can be undermined by current circumstances. In the fourth section, I show why this reparation should be offered in the form of immigration rights.

COVID-19 health and social care access for autistic people: European policy review

BackgroundThe global COVID-19 pandemic has had an unprecedented impact on European health and social care systems, with demands on testing, hospital and intensive care capacity exceeding available resources in many...

,,,Lawyers for White People?

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against prospective clients because of race and sex. Yet, for all that, the exemption may be a reasonable drafting choice. With narrow exceptions, current equal protection doctrine forbids race- and sex-conscious decision making, even for the purpose of remedying inequality. In effect it makes many anti-racist policies illegal. The triumph of this “anti-classification” approach has been widely criticized. But the insidious ways it affects civil rights regulation are often overlooked. The ABA exemption is a vivid example. Through the cracked anti-classification lens, forbidding discrimination in client selection might, for instance, make prioritizing African American plaintiffs in police violence claims an ethical violation. The exemption avoids that result, but only at the cost of exposing prospective clients to discriminatory exclusion. The article proposes an alternative ethics rule that would prohibit refusing legal representation on the basis of stereotypes or stigmatic bias but allow lawyers to consider prospective clients’ race or sex in order to prioritize representing groups who have been disadvantaged in the legal system. Ironically, although that rule allows consideration of race or sex only in narrow, arguably benign, circumstances, it would face daunting constitutional challenges, while the ABA’s wide-open permission for discrimination would likely sail through judicial review. Critiques of anti-classification doctrine usually focus entirely on equal protection. In defending the proposed rule, however, the article shows that the demand for race- and sex-blind decision making also infects First Amendment analysis.

WOMEN’S ROLE IN PEACEBUILDING: IMPLEMENTATION CHALLENGES IN UKRAINE

The article covers the participation of women in peacebuilding processes in a general theoretical context. The author focuses on the positive role of women in the peace process based on the results of UN studies, scientific papers, and statistics. The National Action Plan for the implementation of UN Security Council Resolution 1325 «Women, Peace, Security» for the period up to 2020 recognized as a fundamental document establishing the need for updating women's representation in building peace in Ukraine. The author outlines several basic models for the inclusion of women in peacebuilding processes. The research identifies the shortcomings of women's representation in peacebuilding issues and indicates priority areas for further development. Based on the analysis of the National Action Plan for the implementation of Resolution 1325, the author determines a list of the main problems and gaps. Particular attention is paid to the need to overcome discriminatory exclusion practices for women due to the negative consequences of such decisions. To achieve this goal, the author proposed to change the focus of the research on women's participation in peacebuilding processes and expand the list of issues in which women are involved. The contextual analysis of the documents has led to the anticipated conclusion that women are mainly involved in social issues and at the level of advisory councils. The intensive participation of public organizations in peacebuilding has a positive impact in the long run. In the results of the study, the author formulates several key conclusions regarding the realization of the National Action Plan for the implementation of the Resolution 1325, identifies problems and weaknesses. To increase the effectiveness of the next plan (up to 2025), the author suggests applying two general scientific approaches. The article identifies the need for continuing research on regional action plans to include women in peacebuilding to create an effective adaptive system of sustainable peace in Ukraine.

Being Bios in Zoe and Zoe in Bios: Easterine Kire’s Bitter Wormwood as a Critique of Agamben’s Model of Biopolitics

Easterine Kire’s Bitter Wormwood is a proposer of unexamined possibilities in Agamben that relates to the location of the human in modern democracies. Joining issue with Agamben about the constitution of modern man as the paradox of bios/zoe, this paper alludes to thick situations in the novel to establish that a person can exist as pure bios by surpassing de-politicization, and they also might deteriorate into pure zoe irrespective of the guaranteed political rights. The uncanny is, here, explained by mapping the doubled-edged subnational discourse of secessionism and discriminatory exclusion in Bitter Wormwood. Though the nation-state attempts a forcible inclusion of the Nagas through its exclusionary practices of legal suspension and enactment of counter-insurgency laws, the novel posits that the seceding Naga communities continue to exist in their spiritual sphere of bios, which is Naga consciousness. The same novel discusses the relegation of the politically entitled North-Easterners to a mere biological animal through the portrayal of their discrimination in New Delhi, the capital of India. Thus, Kire’s novel stands in as a critique of Agamben’s overestimation of law as the constituting element of biopolitics.

Things Invisible To See

This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather than shunned. This Article proposes reinterpreting the state action doctrine to mitigate its historical and contemporary harms. Ultimately, the Authors draw from property law theory to contend that the doctrine should be fundamentally reformed in favor of a more egalitarian conception of the state’s role in ensuring equal protection of law. The insights of property law theory lead the Authors to conclude that: (1) equal protection depends on law, not action; (2) common law is law and, whether it is coercive or permissive, it must comply with the Equal Protection Clause; and (3) common law that allows discriminatory exclusion from the marketplace violates the Equal Protection Clause. What matters, for the purposes of constitutional protection, is not “state action” but whether the law violates the norms of liberty, equality, and dignity recognized by free and democratic societies.

From the Lab to the Lotus Pond: Interactions between Orientalism and Ideals of Domestic Science

At a time when America had only just begun its journey away from the discriminatory Chinese Exclusion Acts of the 1880s and toward its eventual alliance with China during World War II, a group of home economists from Oregon began to contemplate sending one of their own to China. Ava B. Milam, head of the Department of Home Economics at the University of Oregon, left for Yenching University in 1922 to design a home economics program uniquely tailored to Chinese culture. In the 1920s, ideas of western superiority flourished, and work in China was largely considered as valuable in reflecting the promise of American society.

Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations

AbstractMay a hotel owner that objects to same-sex marriage on religious grounds refuse to host a same-sex wedding in its ballroom or deny the couple the right to book the honeymoon suite? Do public accommodation laws oppress religious dissidents by forcing them to act contrary to their religious beliefs or does discriminatory exclusion threaten equal access to the market economy and deny equal citizenship to LGBTQ persons? Answering these questions requires explaining why one property claim should prevail over another and why one liberty should prevail when it clashes with another. And answering those questions requires analysis of the relationship between property and sovereignty.Sovereign power both creates and regulates the types of property rights that can be tolerated in a free and democratic society that values each person equally. Should we view sovereignty as a threat to property or property as a threat to sovereignty? Libertarians choose the first and liberals the second. But this is the wrong way to understand the relation between property and sovereignty. Property and sovereignty are not separate and independent concepts or spheres of social life that can be brought into relationship with each other. Rather, they are imbricated; they overlap like roof tiles. Our aspiration to live in a free and democratic society places certain constraints on both property and sovereignty. Such societies do not recognize absolute power, whether public or private. Free and democratic societies are committed to a substantive vision of both social relations and politics. We have fruitful debates about property and sovereignty and, in the end, must construct a legal system that effects an acceptable compromise between access and exclusion in the property regime.Our historic practices regarding racial and other forms of discrimination and our evolving norms suggest that public accommodation laws enable access to the marketplace without regard to invidious discrimination. Religious freedom cannot operate to deny equal citizenship or opportunity. For that reason, a same-sex couple should not have to call ahead to see if they are welcome to book the honeymoon suite. Public accommodation laws do not infringe on legitimate property rights or religious freedoms; rather, they define the legitimate contours of liberty and property in a society that treats each person with equal concern and respect.

Inclusive urbanization: Can the 2030 Agenda be delivered without it?

Governments are wary of rapid urbanization, yet eager for the economic benefits that cities bring. The resulting tension is reflected in exclusionary cities created through strategies that privilege economic growth and result in many people being left behind. There is both exclusion from the city and exclusion and segregation in the city. This paper’s redefinition of inclusion moves beyond a focus on identity-based disadvantage, to frame inclusion as a counter to both overt discrimination and structurally created disadvantage. It explores three levels of inclusive urbanization: eliminating discriminatory exclusion, giving the disadvantaged a bigger voice in existing institutions, and guaranteeing human rights. Drawing on examples of emerging economies, the paper points to the dangers of pursuing a growth-first strategy for urbanization, as exclusion can become entrenched and difficult to reverse, even with increased prosperity. It then examines how more inclusive urbanization can be achieved and how this relates to the Sustainable Development Goals (part of the 2030 Agenda). The world’s governments have committed themselves to balanced development that integrates economic, social and environmental goals, and have pledged that “no one will be left behind”. Inclusive urbanization is needed to achieve this balance, and to move the world towards the progressive realization of human rights for all.

Health Reform Redux: Where Might a Republican Congress Be Heading?

Health Reform Redux: Where Might a Republican Congress Be Heading?

Personal and Professional Discord: Examining Religious Conservatism and Lesbian‐, Gay‐, and Bisexual‐Affirmative Counselor Competence

Lesbian, gay, and bisexual (LGB) orientations can evoke strong reactions that are often based on personal beliefs that seemingly conflict with professional standards calling for LGB‐affirmative counseling. This study examined the relationship between religious conservatism and LGB‐affirmative counselor competence. Controlling for education level, political conservatism, and LGB interpersonal contact, the results indicate that, as religious conservatism increased, LGB competency significantly decreased. The strongest predictor of LGB‐affirmative counselor competency was religious fundamentalism, whereas multicultural course work was not a significant predictor.

Between Salvation and Liquidation: Homeless and Vagrant Children and the Reconstruction of Soviet Society

Homeless and vagrant children were one of the most visible and traumatic consequences of the Soviet experience of World War Two. They were living testimony not only to the physical destruction and hardship of a merciless war fought largely on Soviet territory but also to the ideological fractures in the Soviet system. The latter's doctrine of happy Soviet childhoods had to give way in the face of hundreds of thousands of needy and often delinquent and disobedient children. This article examines the rhetoric that surrounded the problem of child besprizornost' and beznadzornost', analyses Soviet society's responses to both the phenomenon itself and to official policy dealing with the phenomenon, and reconstructs the world in which these 'non-Soviet' children of the post-war era lived. It argues that it was precisely the high expectations of 'perfect Soviet childhoods' that prevented the acknowledgment of post-war trauma and led to the ideological and physical exclusion of those who did not fit the narrative of quick integration and salvation. Ultimately, the way the Soviet system and society related to the problem of child homelessness and delinquency reveals much of the political and ideological contradictions that were characteristic for the late Stalinist years, yet also indicates how the central and defining Soviet device of integration through discriminatory exclusion was resurrected and maintained in the decades to come.

Social Closure and Processes of Race/Sex Employment Discrimination

Research on race and gender inequalities in employment typically infers discrimination as an important causal mechanism. The authors' systematic explication of social closure as a discriminatory mechanism reveals that traditional analyses of structural effects and process are not competing, but rather complementary. Analyzing race and sex discrimination cases filed in Ohio from 1988 to 2003, the authors highlight dominant processes of social closure that impact discriminatory exclusion, expulsion, mobility, and harassment on the job. Rather than employing the typical cause and effect modeling centering on outcomes, qualitative analyses serve to clarify discriminatory processes at play. Commonalities between race and sex (e.g., particularistic criteria in evaluation) emerge, as do specific racialized and gendered processes. The authors discuss similarities and differences in process; tie qualitative insights to the existing literature; and discuss the implications of their results for theoretical formulations of structure, agency, and inequality within institutional/ organizational environments and society at large.

Chinese Exclusion, Photography, and the Development of U.S. Immigration Policy

This article argues that photographic identity documentation was central to the implementation of Chinese exclusion and to the development of U.S. immigration policy in the late-nineteenth and early-twentieth centuries. Starting in 1875, as restrictionists implemented and expanded exclusion policies, they developed an extensive system of photographic identity documentation to attempt to control Chinese immigrants. The Immigration Bureau used this system as a model for the expansion of photographic identity documentation to other racialized immigrant groups and, in 1924, to all immigrants. This aspect of immigration policy has been overlooked by most historians both because of their focus on written records and because of their attention to European immigrants, who remained largely untouched by official photographic practices until they were restricted as part of the racially based National Origins Act of 1924. However, the history of Chinese immigration identity documentation shows both that exclusion was central to the development of U.S. immigration policy and that visual regulation was a key component of immigration restriction. Chinese immigrants fought against their exclusion, representation, and regulation by the United States through three key strategies. First, elite Chinese community leaders launched diplomatic, legal, and political challenges to the implementation of new photographic documentation policies. When these challenges were unsuccessful, documented Chinese took control over their own photographic images, presenting themselves as respectable individuals in their identity documentation. Finally, excluded Chinese resisted their rejection under the exclusion laws by manipulating photographs and photographic documentation in order to enter the United States. In contrast to legal efforts to resist photographic immigration regulation, these extra-legal strategies successfully undermined the discriminatory exclusion policies, challenged the purposes of documentation, and questioned the photograph's emerging authority as evidence.

Restorative Justice and the Dangers of Community

Restorative justice needs something to restore, and one key thing it is very often said to restore is, some formulation or other, But is a very dangerous concept. Sometimes it means very little, or nothing very coherent; sometimes it means so many things as to become useless legal or social discourse; and sometimes sunny harmonious sound of very word masks conflict and indeed discriminatory exclusion, or at least arbitrary political arrangements (as the international community). This paper explores various uses of trope, from as an ideal to sense of community as a social goal, to the community as a supposedly identifiable social entity to the [group name] community as designation for a certain social, racial, ethnic, or other associations. It argues that greater self-criticism use of these tropes is essential to a thoughtful programs area of restorative justice. The paper offers such admonitory examples as deinstitutionalization of mentally ill people 1970's, an unequivocal social and economic catastrophe that was motivated part, paper argues, by widely shared, unexamined notions of how gravely disabled and often abandoned people could be treated in community.

Measuring Disparity in Government Procurement: Problems with Using Census Data in Estimating Availability

The Supreme Court's ruling in City of Richmond v. J.A. Croson (1989) has restricted the use of government procurement assistance programs for minorities and women without the prerequisite support of a disparity study. Recently, an increasing number of disparity studies have been rejected by the courts as “junk science” and the related programs have been ruled unconstitutional. A central issue in these cases has been the approach used to estimate the availability of minority and women firms. Data from the Economic Census are commonly used as the basis for these availability estimates. However, there are significant problems and limitations with the Census data relative to the Croson guideline that the availability of women and minority firms should reflect the number of qualified, willing, and able firms. Given the number and difficulty of the required adjustments to the Census data, it is unlikely that these data will provide availability estimates that are accurate enough to allow for valid statistical tests of an inference of discriminatory exclusion. If minimizing court challenges is a goal of the public administrator who is responsible for the program, then the recommendation here is that a primary source of availability data should be considered. Furthermore, the information system needed to support the women and minority assistance programs should be designed and installed prior to initiating the program.

The Forgotten Generation: French Women Writers of the Inter-war Period (review)

Reviewed by: The Forgotten Generation: French Women Writers of the Inter-war Period Raylene Ramsay Jennifer Milligan. The Forgotten Generation: French Women Writers of the Inter-war Period. Oxford: Berg, 1996. 236 pp. This work makes an admirable attempt to retrieve the female-authored texts of the inter-war period overlooked by literary history. Even the feminist histories that responded particularly to the marginalization of women authors came up with only a few names—Rachilde, Anna de Noailles, Marguerite Yourcenar, and Colette. This study of the forgotten generation presents a carefully documented and well-referenced analysis of the reasons for such a pervasive “forgetting.” A fascinating retrospective overview introduces the cultural and artistic brilliance and the delight of the modern that characterized the années folles. Social and economic instability and agitation for suffrage were breaking down gender roles but against a backdrop of a conservative, pronatalistic rhetoric of national regeneration and idealized nostalgic constructions of womanliness (motherhood, domesticity, separate spheres). Milligan traces the difficulties experienced by these women “coming to writing” in a male-dominated society. Nonetheless, she argues, they represented a substantial body of widely-read and successful writers who, in 1933, for example, carried off 16.5 percent of the literary prizes awarded. What then made these women’s work simply vanish? Virility was a criterion for the inclusion of a work in the canon—Rachilde had homme de lettres (Man of Letters) printed on her calling [End Page 1027] card—as was universal interest. Women’s fiction was considered to deal mainly with the heart and less with the universal—the cultural, intellectual, and aesthetic debates of the time. The attempt to understand what it meant to be female in the contexts of the time hardly counted. Where entries in anthologies do exist on women (de Noailles and Colette, for example), the focus is on identifying biographical details, in particular marital and maternal states, and paternal lineage. A woman’s experience was seen as bounded by circumscribed notions of feminine spheres and transposed in certain genres, autobiography or romance, of second-rate importance in literary hierarchies. Part two of the work examines the actual female-authored autobiographical writing in the period, observing the manner in which women avoid intrusive readerly expectations of gender (protecting themselves from the criticism of indulging in selfish and unwomanly egocentrism), of genre (moving away from autobiography as a record of momentous events and important personages), and of authorial status (employing strategies of self-concealment and fictional transformations of self in a genre traditionally marked by self-display and self-assertion). The canon-makers have reduced these often-revolutionary explorations of gender identity to narcissistic and aesthetically conservative representations of the author’s life. Where, then, is repression to be situated? In the simple inertia that allows only established authors to continue to be taught? Milligan rejects Spender’s thesis—concerning a comprehensive, discriminatory exclusion of women authors by males to protect their own power base—as alarmist and unrefined. Her own thesis is that women’s literary contributions, which often transcend generic boundaries, combining personal testimony, social chronicle, biography, romance, and wish fulfillment, is frequently distorted by the classification process itself. Literary histories build on previous canonical compilations without returning to the actual texts described. Whereas these canonical compilations are based on a reinscription of notions of the feminine, the texts themselves, argues Milligan, explore the very nature of cultural gender construction. Maternity, for example, is reconstructed as a celebratory female bodily experience, a form of female bonding or a means of achieving a fully matriarchal realm. French interwar women writers, then, have been read in terms of outdated notions of femininity and categorized in relation to genres that their work resists. [End Page 1028] What should be the status of this forgotten generation in the present where only a handful of exceptional writers have been canonized? Links can be drawn between the two periods in the reconstruction of gender relations, mother-daughter bonds, matriarchal inheritance, and genre. But rather than categorize or pin down the forgotten texts as minor works that constitute missing links between two generations, the proper function of literary historians, according to Milligan, would be to weave...