1st Edition

Affirmative Action and the Law Efficacy of National and International Approaches

Edited By Erica Howard, Elvira Redondo, Narciso Baez Copyright 2021
    246 Pages
    by Routledge

    246 Pages
    by Routledge

    Affirmative Action and the Law analyses the practical application of affirmative action measures and their efficacy in achieving substantive equality through the lenses of the United Nations human rights machinery and the legal regime and policies implemented in China, India, Central and South America, South Africa and the United Kingdom. The product of a joint research project involving academics from the Brazil, Chile, Mexico, India, Spain and the United Kingdom, the findings identify and reflect on trends emerging from State practice across the world in eradicating structural inequality through special measures for certain designated groups.

    The book seeks to provide a coherent and systematic approach to the analysis of special measures in the targeted countries. It also comprises two case-studies with in-depth insights on gender diversity on the boards of public listed companies in the UK and the European Union and the access of persons with disabilities to higher education in Brazil.

    The book will be a valuable resource for students and academics in the field of human rights, law, sociology and politics. It will also provide a source of good practice for states and policy makers in the framing of responses to increased inequality at national and international level; and for civil society actors seeking to explore meaningful interaction with a highly controversial topic in society.

    PART I Typology of Affirmative Action Measures;

    Chapter 1 Introduction;
    Elvira Dominguez Redondo and Erica Howard;

    Chapter 2 Universalism or Fragmentation: United Nations Treaty Bodies and Affirmative Actions in Latin-America, the United Kingdom, South Africa, China and India;
    Elvira Dominguez Redondo;

    PART II Analysis of Affirmative Action Measures;

    Chapter 3 Unravelling History and undermining Law through Politics: The Erosion of Diversity protection and Emerging Existential Threats to India and China;
    Joshua Castellino and Sayantani Sen;

    Chapter 4 Efficacy of Affirmative Action Measures in the United Kingdom and South Africa;
    Erica Howard;

    Chapter 5 Effectiveness of Affirmative Action Measures in Brazil;
    Narciso Leandro Xavier Baez;

    Chapter 6 The Implementation Process of Affirmative Action Measures in Argentina, Chile, Colombia and Peru
    Iván Obando Camino, Gustavo Rayo-Urrutia, Alberto Olivares-Gallardo, Rodrigo Hernández-Fernandez;

    Chapter 7 Affirmative Actions in Central America: Influence of the International Legislation and Jurisprudence of the Inter-American System;
    Amalia Patricia Cobos Campos;

    PART III Case studies;

    Chapter 8 Women on Corporate Boards of Public Listed Companies - a UK and EU Gender Diversity Conundrum;
    Hamiisi Junior Nsubuga;

    Chapter 9 Persons with Disabilities and Access to Higher Education in Brazil;
    Ingo Wolfgang Sarlet and Gabrielle Bezerra Sales Sarlet;

    Chapter 10 Achieving Substantive Equality: Mainstreaming Duties to Complement Affirmative Action Measures;
    Erica Howard;

    Chapter 11 Conclusion;
    Elvira Dominguez Redondo and Erica Howard;


    Erica Howard is Professor of Law, Middlesex University, London, UK.

    Elvira Dominguez-Redondo is Associate Professor of International Law at Middlesex University, London, UK.

    Narciso Leandro Xavier Baez is Chief Academic Officer at the Centre for Excellence in Law at the Universidade do Oeste de Santa Catarina, Brazil.