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Positive Action and the Principle of Equality: Discussing a Decision of the Constitutional Court of the Slovak Republic

Positive Action and the Principle of Equality: Discussing a Decision of the Constitutional Court... B NATIONAL DEVELOPMENTS Alexander Bröstl* I. Positive Action and Anti-Discrimination Directives Positive action (in American usage, affirmative action or `reverse discrimination')1 or positive discrimination (as it is usually referred to in British English) is a policy or programme that bequeaths certain preferences or advantages to certain groups and seeks to redress past discrimination through active measures to ensure equal opportunity (focusing mainly on education, employment, health care and social welfare).2 Affirmative action in the US is first of all associated with race and gender but the movement has also sought to correct the history of oppression against other groups (low-income people, ethnic minorities, etc.). Former US President Lyndon Johnson, in his famous speech to graduating students at Howard University on June , framed the concept underlying affirmative action by emphasizing that civil rights laws alone are not enough to remedy discrimination: You do not wipe away the scars of centuries by saying: `now, you are free to go where you want, do as you desire, and choose the leaders you please.' You do not take a man who for years has been hobbled by chains, liberate him, bring him to a starting line of a race, saying `you http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

Positive Action and the Principle of Equality: Discussing a Decision of the Constitutional Court of the Slovak Republic

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Publisher
Brill
Copyright
Copyright 2007 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1570-7865
eISSN
2211-6117
DOI
10.1163/22116117-90000054
Publisher site
See Article on Publisher Site

Abstract

B NATIONAL DEVELOPMENTS Alexander Bröstl* I. Positive Action and Anti-Discrimination Directives Positive action (in American usage, affirmative action or `reverse discrimination')1 or positive discrimination (as it is usually referred to in British English) is a policy or programme that bequeaths certain preferences or advantages to certain groups and seeks to redress past discrimination through active measures to ensure equal opportunity (focusing mainly on education, employment, health care and social welfare).2 Affirmative action in the US is first of all associated with race and gender but the movement has also sought to correct the history of oppression against other groups (low-income people, ethnic minorities, etc.). Former US President Lyndon Johnson, in his famous speech to graduating students at Howard University on June , framed the concept underlying affirmative action by emphasizing that civil rights laws alone are not enough to remedy discrimination: You do not wipe away the scars of centuries by saying: `now, you are free to go where you want, do as you desire, and choose the leaders you please.' You do not take a man who for years has been hobbled by chains, liberate him, bring him to a starting line of a race, saying `you

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2005

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