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Race, Law and Ethnic Data

Race, Law and Ethnic Data. Dr Iyiola Solanke Law School, University of East Anglia Norwich, England, UK. Introduction. The catalytic role of ethnic data in the development of effective race equality law The paralytic role of law in the creation of ethnic data

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Race, Law and Ethnic Data

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  1. Race, Law and Ethnic Data Dr Iyiola Solanke Law School, University of East Anglia Norwich, England, UK.

  2. Introduction • The catalytic role of ethnic data in the development of effective race equality law • The paralytic role of law in the creation of ethnic data • Origin: socio-legal study into the evolution of anti-racial discrimination law in Great Britain and Germany

  3. Topics of Discussion • Arguments for and against ethnic data • Divisive and dangerous • Portrait for policy design and implementation • Great Britain • The PEP Study – precursor to... • The Race Relations Act 1968 • Germany • The Census Decision 1983 • Data Protection Law • Data Collection and Usage • Active vs. passive data collection • Using ethnic data

  4. Background • Article 13 TEC • Council Directive 2000/43 (the ‘Race Directive’) • employment, membership of associations, welfare, social benefits, education and access to goods and services • Council Directive 2000/78 (the ‘framework Directive’) • equal treatment irrespective of religion, belief, disability, age or sexual orientation only in regard to employment • Widely varying levels of protection in EU MS 27: from UK Race Relations Acts to absence of individually enforceable protection

  5. AGAINST: all people are equal before the law socially constructed identities, such as race, divide the population emphasis of these divisions heightens racial tension FOR: inequality of treatment exists due to racial discrimination it cannot be adequately routed out unless and until it is quantified quantification is a diagnostic exercise upon which targeted action is built Ethnic data – arguments…

  6. European Commission on ethnic data • Promoting greater public consensus on the extent and impact of discrimination • Harnessing public support • Developing a comprehensive picture of discrimination from direct, longitudinal measures • Design of targeted action against racial discrimination • Guiding and refining intervention and enforcement policy

  7. Ethnic Data in Great Britain • 1964: ‘wrong in principle’ • Study on practice in USA • 1967: PEP Study findings: • Black and migrant workers underestimated the prevalence of racial discrimination against them • Blanket discrimination of decision makers in industry • The higher the qualifications the worse the discrimination experienced • Colour caused worse discrimination than foreignness: stigma was attached to any skin colour not white • 1968: new Race Relations Act • 1991: census question on ethnicity • 2001: introduction of ‘mixed race’ category

  8. The value of ethnic data in GB • RRA 1968 impossible in the absence of ethnic data • made Black Britons visible • illuminated limits of voluntarism • weakened arguments of powerful opposition • created context for stronger and more effective race equality law

  9. Ethnic Data in Germany • 1933 – 1945: Ethnic cleansing • Facilitated by efficient data collection • 1954: Church survey • Situation of ‘Mischlingskinder’ • 1983: Census Decision of the German Constitutional Court • Individual informational autonomy • Covers state authorities • Absence of black Germans from social data but profiling of Roma and Sinti in criminal investigations • Central Register for Foreigners • 2004: Data Protection Act • Covers private bodies • Permission required prior to use of ‘special’ data

  10. Lessons from history • Germany – law tackles the real danger of abuse of personal data • UK – ethnic data of real value in creating effective race equality law • How to guarantee appropriate usage? • motive • methods of collection: active (use of groups concerned via interviews, focus groups etc) or passive (collation of existing statistics)? • status of persons or organisations commissioning data collection • active civil society (NGOs)

  11. Ethnic Data Collection in the EU • EU Directives = minimum standards of protection in EU 27 member states • Little collection of ethnic data • Retreat by the EU Commission, 2006: • ‘for the Member States to decide whether or not ethnic data should be collected to produce statistics for combating discrimination.’ • EUMAP: absence of statistical material is a handicap to policies to challenge discrimination – undermines activation

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