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Equality and Preferential Treatment

Equality and Preferential Treatment
Author: Marshall Cohen
Publisher: Princeton University Press
Total Pages: 234
Release: 1977-08-21
Genre: Law
ISBN: 9780691019888

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These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups. If the situation of women and minorities improves so that their opportunities are equal to those of more favored groups, will they then be in a competitive position conducive to equal achievement? If not, can preferential hiring or preferential admission to educational institutions be justified? The contributors explore the complexities of this problem from several points of view. The discussions in Part I are more theoretical and concentrate on the application to this case of general considerations from ethical theory. The discussions in Part II also take up theoretical questions, but they start from specific problems about the constitutionality and the effectiveness of certain methods of achieving equality and counteracting discrimination. The two groups of essays demonstrate admirably the close connection between moral philosophy and questions of law and policy. The issues discussed include compensation, liability, victimization, the significance of group membership, the intrinsic importance of racial, sexual, or meritocratic criteria, and the overall effects of preferential policies.


Unequal Treatment

Unequal Treatment
Author: Institute of Medicine
Publisher: National Academies Press
Total Pages: 781
Release: 2009-02-06
Genre: Medical
ISBN: 030908265X

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Racial and ethnic disparities in health care are known to reflect access to care and other issues that arise from differing socioeconomic conditions. There is, however, increasing evidence that even after such differences are accounted for, race and ethnicity remain significant predictors of the quality of health care received. In Unequal Treatment, a panel of experts documents this evidence and explores how persons of color experience the health care environment. The book examines how disparities in treatment may arise in health care systems and looks at aspects of the clinical encounter that may contribute to such disparities. Patients' and providers' attitudes, expectations, and behavior are analyzed. How to intervene? Unequal Treatment offers recommendations for improvements in medical care financing, allocation of care, availability of language translation, community-based care, and other arenas. The committee highlights the potential of cross-cultural education to improve provider-patient communication and offers a detailed look at how to integrate cross-cultural learning within the health professions. The book concludes with recommendations for data collection and research initiatives. Unequal Treatment will be vitally important to health care policymakers, administrators, providers, educators, and students as well as advocates for people of color.


The Economic Case for LGBT Equality

The Economic Case for LGBT Equality
Author: M. V. Lee Badgett
Publisher: Beacon Press
Total Pages: 250
Release: 2020-05-19
Genre: Social Science
ISBN: 0807035602

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An economist demonstrates how LGBT equality and inclusion within organizations increases their bottom line and allows for countries’ economies to flourish We know that homophobia harms LGBT individuals in many ways, but economist M. V. Lee Badgett argues that in addition to moral and human rights reasons for equality, we can now also make a financial argument. Finding that homophobia and transphobia cost 1% or more of a country’s GDP, Badgett expertly uses recent research and statistics to analyze how these hostile practices and environments affect both the US and global economies. LGBT equality remains a persistent and pertinent issue. The continued passing of discriminatory laws, people being fired from jobs for their sexual orientation and/or gender identity, harassment and bullying in school, violence and hate crimes on the streets, exclusion from intolerant families, and health effects of stigma all make it incredibly difficult to live a good life. Examining the consequences of anti-LGBT practices across multiple countries, including the US, Canada, the UK, Australia, India and the Philippines, Badgett reveals the expensive repercussions of hate and discrimination, and how our economy loses when we miss out on the full benefit of LGBT people’s potential contributions.


Equal Treatment for People with Mental Retardation

Equal Treatment for People with Mental Retardation
Author: Martha A. Field
Publisher: Harvard University Press
Total Pages: 468
Release: 2009-07-01
Genre: Law
ISBN: 9780674036840

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Engaging in sex, becoming parents, raising children: these are among the most personal decisions we make, and for people with mental retardation, these decisions are consistently challenged, regulated, and outlawed. This book is a comprehensive study of the American legal doctrines and social policies, past and present, that have governed procreation and parenting by persons with mental retardation. It argues persuasively that people with retardation should have legal authority to make their own decisions. Despite the progress of the normalization movement, which has moved so many people with mental retardation into the mainstream since the 1960s, negative myths about reproduction and child rearing among this population persist. Martha Field and Valerie Sanchez trace these prejudices to the eugenics movement of the late nineteenth and early twentieth centuries. They show how misperceptions have led to inconsistent and discriminatory outcomes when third parties seek to make birth control or parenting decisions for people with mental retardation. They also explore the effect of these decisions on those they purport to protect. Detailed, thorough, and just, their book is a sustained argument for reform of the legal practices and social policies it describes.


Communities in Action

Communities in Action
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
Total Pages: 583
Release: 2017-04-27
Genre: Medical
ISBN: 0309452961

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In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.


Advancing Equality

Advancing Equality
Author: Jody Heymann
Publisher: University of California Press
Total Pages: 416
Release: 2020-01-14
Genre: Political Science
ISBN: 0520309634

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In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.


Judicial Review in Equal Treatment Cases

Judicial Review in Equal Treatment Cases
Author: Janneke Gerards
Publisher: BRILL
Total Pages: 785
Release: 2005-05-01
Genre: Law
ISBN: 9047407474

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In this study, a general model is developed for judicial assessment of equal treatment cases. The model is based on theoretical research after the standards that should be used in assessing cases against the general principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is an assessment model that is both theoretically sound and workable in practice. The use of the model by the courts will improve judicial reasoning and enhance the legitimacy of equal treatment case law.


What Happened to Equality?

What Happened to Equality?
Author: Bjarney Friðriksdóttir
Publisher: BRILL
Total Pages: 457
Release: 2017-07-03
Genre: Law
ISBN: 9004345280

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In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Friðriksdóttir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.


Compulsory Mental Health Interventions and the CRPD

Compulsory Mental Health Interventions and the CRPD
Author: Anna Nilsson
Publisher: Bloomsbury Publishing
Total Pages: 199
Release: 2021-02-25
Genre: Law
ISBN: 1509931570

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The Convention's approach to mental health care -- Putting mental health laws to the test -- Proportionality reasoning -- Proportionality and non-discrimination.