Institutional racism and duties to promote equality
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Institutional Racism and Duties to Promote Equality. Mark Bell . Racism and discrimination. Racism as ideology Discrimination as behaviour Individual acts Institutional practices Institutional racism Focus on outcomes Structural disadvantage. Institutional racism and law .

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Institutional racism and duties to promote equality

Institutional RacismandDuties to Promote Equality

Mark Bell


Racism and discrimination
Racism and discrimination

  • Racism as ideology

  • Discrimination as behaviour

    • Individual acts

    • Institutional practices

  • Institutional racism

    • Focus on outcomes

    • Structural disadvantage


Institutional racism and law
Institutional racism and law

  • Anti-discrimination legislation tends to focus on individual acts of discrimination

    • proving who is at fault

    • compensating identified victims

  • reactive

  • depends upon litigation


Duties to promote equality
Duties to promote equality

  • ‘positive’ obligation on organisations

  • Not enough to refrain from discrimination

  • Focused on group outcomes

  • Premised on the mainstreaming approach

  • Participation of affected communities


An example the british race equality duty
An example: the British race equality duty

  • General duty on public bodies:

    • Eliminate discrimination & promote equality

    • Promote good relations(S. 71(1) Race Relations Act 1976)

  • Specific duties

    • Data collection

    • Impact assessment

    • Race Relations Act 1976 (Statutory Duties) Order 2001 (No. 3458)


Progress so far
Progress so far …

  • Putting it into practice:

  • Enforcement

  • Incorporating diversity


Further information
Further information

  • Commission for Racial Equality: ‘The Race Equality Duty’: http://www.cre.gov.uk/duty/index.html

  • S Fredman, ‘Changing the norm: positive duties in equal treatment legislation’ (2005) 12 Maastricht Journal of European and Comparative Law 369

  • H Hill, Blackstone’s Guide to the Race Relations (Amendment) Act 2000 (Oxford: Oxford University Press, 2001)