Human Rights

Positive Discrimination : Pros and Cons

Abstract

This study examined the effects of positive discrimination between social groups and the issue of its justification . As the drawn research demonstrated by the moment there is no undivided opinion among scholars and responsible bodies in different countries concerning validity and relevancy of positive discrimination measures implementation . However being based on the results of this study it is reasonable to ascertain that the latter could be considered justifiable when applying thoroughly elaborated and in the proper way implemented measures aimed to ensure equal opportunities

for all members of the society

Positive Discrimination : Pros and Cons

In the University of Michigan a very indicative system of calculation of points having gotten by an enrolee exists . To enter the university the latter should have 150 points . With all this going on an ideally written admission essay could win 1 point , brilliantly passed test - 12 points Good sportsmen may get additional 20 points . The same is owed to an entrant just for being the black-skinned , the American Indian or originating from Latin America (Grutter vs . Bollinger , 2003 . As a result , the worse prepared become the students . Here the race plays a role of an admission ticket . Such phenomenon is called a 'positive discrimination

Academic editions define the positive discrimination as practice or principle according to which the preference when employing or enrolling is given to the representatives of groups having been subjected to discrimination in the past by reason of gender , race , disability etc (Longman , 1992 . Those preferences could be applied in the spheres of health care and social welfare too . Positive discrimination is often equated with an affirmative action . The latter term is widely used especially in the USA . For example , the Columbia Encyclopaedia gives the following definition "Affirmative action - in the United States programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups , such as minorities and women (2001 . In the UK they use also the term 'reverse discrimination

The Purpose of Positive Discrimination

A certain social group may be underrepresented in some spheres , possibly owing to past discrimination against members of the group . In this situation , there is an idea which maintains that unless such group is provided with special help to attain a more essential representation , it will never grow the critical mass and acceptance in that role even if discrimination (which is widely understood as a prejudice , stereotypes or bias , action , or treatment based on race , ethnicity , gender , sexual orientation , socioeconomic background , religious or political beliefs against the group has been eliminated . On this account more effort is supposed to be taken to engage individuals from that background , educate them , and when needed , reduce the entry requirements for them . The very purpose of positive discrimination (or 'affirmative action ' in the U .S version ) is

.to give [ .] [the] nation a way to finally address the systemic exclusion of individuals of talent on the basis of their gender or race from opportunities to develop , perform , achieve and contribute . It is an effort to develop a systematic approach to open the doors of education , employment and business development opportunities to qualified individuals who happen to be members of groups that have experienced longstanding and persistent discrimination (White House 1995

Advocates of positive discrimination reason it is the best method to correct a history of discrimination against the social groups . Selection standards and procedures for promotion that conform to the ideals of positive discrimination have a tendency to hold that "women and minorities should be given a chance at better jobs if 'minimally qualified , even though they may not be the 'best ' qualified (Beach 1991 . But in long-term perspective this category of discrimination could be considered as restoration of an otherwise unjust balance of historical mistakes and institutionalized disadvantages . The 'positive discrimination ' seems to be an oxymoron itself , and in practice its scheme turns into continuation of discrimination , but with the declared positive purpose to equalize the possibilities and establish justice The policy which it applies is to select the individuals on the same traits that initially brought disadvantage and , by granting them specific consideration , convert those traits into compensatory benefit This concept failed to notice the individuals experiencing the discrimination are often not those obtaining the compensatory advantage Also those who possessed the benefits of past discrimination are not essentially the same persons paying the costs of compensatory reimbursement . It is simply naive to consider that past inequality could be by some means undone by present compensations (Clabaugh , 2000

The Effects of Positive Discrimination

There is well-known idea of early liberalism that in the equitable society "the only limit to the freedom of the individual is the similar freedom of other individuals . The legislation adopted in different countries concerning positive discrimination appears from the notion that it is the obligation of the state to care for freedom of the citizens from these limitations which constitutes negative freedom . The capacity to exercise negative freedom is called positive freedom . The responsibility of the state is contrived also in connection with encouraging the latter . The aspirations of positive freedom lie behind the legislative solutions of positive discrimination (Konczei , 1997 Consequently , the legislation forbidding negative discrimination couldn 't stand alone without strictly implemented solutions for positive discrimination

Positive discrimination began in the United States but recently has extended worldwide including even South Africa . Speakers who favoured this policy emphasized the importance of training and qualifications when applying positive discrimination and warned of its potential to miscarry and to aggravate race relations if not carefully deliberate and put into practice . In the very essence of positive discrimination the idea of ensuring equality of opportunity is underlying , and it seems to be a good intention only . In some spheres where the disadvantages cannot be otherwise eradicated , legislation equalizing opportunities applies positive discrimination . It is justifiable solution in theory . But practice often differs substantially . In the USA , for instance affirmative action programs have been in place for 30 years , but in many cases , affirmative action has created rifts instead of healing them (Race Against , 1994

The supporters of positive discrimination argue that it is an attempt to redress the balance and eradicate racial discrimination . They claim that it is an essential tool for the pulling down of discrimination and the putting up of social justice . But they do not take into account that since its implementation it has been continuously creating a certain tension in the society . Their opponents have claimed that positive discrimination , namely affirmative action , is injudicious , even morally wrong model of social engineering that will , perversely , disseminate discrimination in the name of ending it (Stimpson , 1996

When considering different manifestations of positive discrimination it appears evident that for instance the best persons for a job should get it whatever colour or sex they may be . The preferences to less qualified workers lead to reducing of quality of services due to less able applicants filling positions . Employers must have the flexibility to employ the best candidates as they see fit in to provide efficiency and productivity . Chaney and Grimaldi bind the recent labour productivity slowdown in Europe with positive discrimination "in favour of low-skilled workers , largely priced out of labour markets by excessive tax wedges (2004

It is true that applicants for employment and education from minority backgrounds have often had to overcome more barriers and complications than those from the majority . Such barriers might include , for instance poor schooling and poor training . Positive discrimination consequently smoothes the playing field . It would ideal if such means were not needed , and each person was given the same opportunities near the beginning in life , but provided that in reality these inequalities are present the protective actions may be effective . But in general any discrimination is negative . It is always incorrect to select on any basis other than merit and ability

Positive discrimination leads to able applicants being unfairly passed over . This strategy would be pertinent for the economic benefit of the country in the short term as it unchains potential which would otherwise be unrealised . Minority applicants are just as skilled as those from the majority but their capacity is frequently unexploited owing to lack of opportunity . Furthermore , every social group has its own unique skills and endowments , and the society could gain a lot by using them more

It is necessary to note that positive discrimination to a certain extent has constructive effect . Minority applicants who were successful would become role models for future generations . This is excellent for the minority and good for the economic benefit of the country since it would smooth the progress of intelligent , capable youth from minority backgrounds . But at the same time positive discrimination undermines the achievements of minority applicants who were admitted on their own merits it is patronising and presumes they were not able to be employed on merit alone . It will also generate the feeling that a minority applicant was successful only because of positive discrimination (Messerli , 2003 . In addition , minorities themselves see positive discrimination as being condescending . The minorities themselves seldom support it , as being given preferences they often experience the feeling of guilt . It is nothing more than tokenism "the policy or practice of making only a symbolic effort (Merriam-Webster 's , 1993

At present there are still those in the workforce who are inclined to racism and sexism . By bringing more minority applicants into the workplace , in an environment in which everyone works as part of a team we can help alleviate such bigoted attitudes . The introduction of positive discrimination would lead to a backlash against minorities . It would cause resentment in those who were turned away and this would be directed against those who were accepted . This will cause more segregation in the workplace . The mentioned problems have made many US universities (e .g . California ) to stop positive discriminations programs (White House , 1995

In any multicultural society the ideal for which many countries make every effort is the mix of races and sex in any particular occupation or position is the same as that in the wider population . At present the under-representation of minorities and women in certain fields (e .g . the police force and judiciary ) leads to perceptions of institutional racism and sexism , undermining their credibility . It is generally agreed that the extra women in the UK parliament due to Blair 's all-women shortlists have done nothing but good , bringing fresh ideas to a very traditionalist atmosphere and improving its image (Plea for All-Women 2002 . Another cultural ideal is that the society should be a meritocracy , in which the only criterion for selection is ability . The proposition 's aim of improving representation in high pro jobs and positions is indeed worthy but there is a threat to sacrifice the meritocratic principle for it (Saunders , 1999 . Instead the society should make efforts to bring it about by giving everyone better access to education

By getting minority candidates into top jobs now , they will able to manipulate the system 'from the inside ' to make it fairer for all . There is at the moment a strong move in higher education to broaden access The undergraduate population is becoming more culturally diverse all the time . This will lead to increased diversity in senior positions as these undergraduates enter the job market . Although the pace of change is not as fast as it might be there is change and it is in the right direction Positive discrimination could in fact damage this trend because of the resentment it causes

President Clinton ascertained in his remarks on affirmative action that this was a progressive step , as it enabled women to become "a major force in business and political life , and [ .] to contribute to their families incomes . He emphasized that "true and growing black middle class has emerged , and higher education has been modernized because of women and racial and ethnic minorities attending once overwhelmingly white and sometimes all male schools (White House , 1995

All this is true indeed , but positive discrimination yield fruit only if appropriately treated . It is a very powerful weapon , which could become a menace in ignorant or untrained hands . Colour- , gender- and any other minority-conscious policies , no matter what their intention , always create so much animosity that they could undermine their own goals Those are condemned to perpetuate double standards , cultivate stereotyping and generate inappropriate feelings of group entitlement and group inferiority complex . The critics contend that positive discrimination deepens separateness undermining unity of society , fails to treat people as individuals , and leads predictably to community which is more race- and minority-conscious than ever

Conclusions

In general , it was proven by the recent history of positive discrimination measures implementation in different countries that sometimes it is reasonable not to judge people solely on their merits More ideally they should be judged not according to their actual merits but according to the merits they would have if everyone had been given the same opportunities . One problem with this is to be very difficult to judge what these merits would have been . Preferential treatment underlying positive discrimination concept requires attention is paid to the same criteria - race , sex , and ethnicity - that had previously been deemed irrelevant . Could such use of these criteria be justified

This is the key issue in the discussion lasting for several decades . The supporters agree that certain unfairness has taken place , that sufferers of it deserve compensation , and that laborious efforts should be taken to prevent any further misconduct while endeavouring to attain more just society . The discrepancy occurs in specifying who has suffered injustice , what is appropriate compensation to them , and which steps should be taken to promote justice and harmony

There is a saying "In theory there is no difference between theory and reality . In reality there is . And after conducted research it seems to be rational to allege the issue of positive discrimination justification is not univocal one . Stratified social and residential patterns continue to preclude opportunity for many people all around the world , and by perpetuating lack of contact across colours and cultures make it more difficult to attenuate prejudices on all sides . No doubts any discrimination is negative . But if thoroughly elaborated and in the proper way implemented the positive , or affirmative , actions could be considered as justifiable . They are aimed to help disadvantaged people and distressed communities to remove the barriers caused by their historically arisen under-representation , to elevate the self-esteem of minority groups ' individuals and to connect them to economic opportunity . It is for sure a noble goal . The world is still suffering the poverty and violence , and opening up the chances to succeed for the social groups depressed over the centuries the society will gain more than gratitude by the former - it will achieve harmony . This perspective is worth to be striven for . After all it lies in practical interest of the community to make more its member richer , stronger , and better

Positive discrimination measures were implemented initially as transitory in nature , and there is a hope they will enable the society to reach one day a point when they would no longer be needed . The achievement of social justice in an increasingly diverse polity evidently depends on its capacity to extend empathy and mutual respect There is no real alternative to positive discrimination at the recent moment - the society cannot be strong or just if many of its members are living without hope or a perceived stake in the future

References

Beach , Dale S (1991 . Personnel : The Management of People at Work (5th ed . New York : Macmillan

Chaney , Eric , and Grimaldi , AnnaMaria (2004 , Aug . 19 . Euroland Productivity Revival . Global Economic Forum : The Latest Views of Morgan Stanley Economists . Retrieved October 23 , 2004 , from http /www .morganstanley .com /GEFdata /digests /-thu .html

Clabaugh , Gary K (2000 . Positive Discrimination . New Foundations Web Site . Retrieved October 24 , 2004 , from http /www .newfoundations .com /Clabaugh /CuttingEdge PositiveDiscrimination .html

Columbia Encyclopedia (6th ed (2001 . New York : Columbia University Press

Conczei , Gyorgy (1997 . Equalising Opportunities - Disability - Discrimination : The Choices of Anti-Discrimination Legislation Independent Living Institute Web Site . Retrieved October 23 , 2004 , from http /independentliving .org /docs5 / equalisinggopps .html

Grutter vs . Bollinger - U .S . Supreme Court Undergrad Case : Argument Supporting the Petitioners (2003 , April 1 . The University of Michigan Web Site . Retrieved October 25 , 2004 , from http /www .umich .edu urel /admissions /legal /ussc-transcripts /ug-arg-supp ort-pet .html

Longman Dictionary of English Language and Culture (1992 . Essex Longman ,

.1025

Merriam-Webster 's Collegiate Dictionary (10th ed (1993 . Springfield Merriam-Webster

Messerli , Joe (2003 , Feb . 2 . Should Affirmative Action Policies , which Give Preferential Treatment Based on Minority Status , be Eliminated BalancedPolitics .org . Retrieved October 24 , 2004 , from http /www .balancedpolitics .org /affirmative_action .htm

Plea for All-Women Labour Shortlists (2002 , Feb . 2 . BBC News Retrieved October 24 , 2004 , from http /news .bbc .co .uk /1 /hi /uk_politics /1797053 .stm

Race against Positive Discrimination (1994 , April 15 . New Statesman and Society , 298 (7 , 22-23

Saunders , Peter (1999 "Fair Go : Do we want to live in a Meritocracy The Bert Kelly Lecture Series . Retrieved October 22 , 2004 , from http /www .cis .org .au /Events / bertkelly /bk299text .htm

Stimpson , Catharine R (1996 . Rethinking Affirmative Action . AAD Project . Retrieved October 24 , 2004 , from http /aad .english .ucsb .edu /docs /Change2 .html

White House (1995 , July 19 . Remarks by the President on Affirmative Action . Retrieved October 24 , 2004 , from http /www .4uth .gov .ua /usa /english /facts /speeches / clinton /95-4 .txt Positive Discrimination PAGE 10 ...