A COMPARISON BETWEEN THE US AND EU

1. AFFIRMATIVE ACTION A COMPARISON BETWEEN THE US AND EU

2. EU Council Directive 76/207 “The concept of positive action embraces all measures which aim to counter the effects of past discrimination, to eliminate existing discrimination and to promote equality of opportunity.” (a.k.a. positive action/ discrimination) US American Psych Association “Voluntary and mandatory efforts undertaken by the federal, state, and local governments; private employers; and schools to combat discrimination and to promote equal opportunity in education and employment for all.” What is Affirmative Action?

3. The success of the affirmative action depends on how effectively it is made to be seen as a natural extension of a society’s culture and law

4. US SOCIETY & AA • Misunderstood • Polls indicate that many Americans believe AA = reverse discrimination • Misrepresented by sensational anecdotes • 317 black applicants admitted to UC Berkeley under affirmative action criteria; average SAT score of 952 was well under Berkeley’s average of nearly 1200; More than 70 percent of those students failed to graduate from Berkeley • Un-American • A policy that suggests that some people need a head-start in order to succeed undermines the American belief that anyone can make it if they work hard enough. • Is a “corrupted vision of civil rights goes against the American civil libertarian tradition of private property, the rule of law, and limited government.”

5. EU SOCIETY & AA • Questioned • In Slovakia many people rallied against affirmative action for Roma, as they feared this would lead to “Gypsies eventually coming to rule over ethnic Slovaks as slave-driving task-masters” • Social Responsibility • “For nearly 50 years, the European Member States have worked towards achieving a high level of employment and social protection, increased standards of living and quality of life, economic and social cohesion and solidarity. They have also endeavored to create an area of freedom, security and justice.”

6. US LAW & AA • There is absolutely no mention of affirmative action in the US Constitution • 14th amendment (equal protection): “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” • 1997-98: Taxman v. Board of Education and struck down an affirmative action measure because, “Diversity itself cannot be considered a compelling state interest.”

7. EU LAW & AA • AA encouraged in Convention on the Elimination of All Forms of Racial Discrimination (ICERD) & Framework Convention for the Protection of N. M. • Racial Equality Directive and the Employment Framework Directive also allow for affirmative action measures to be taken. • EU’s Treaty of Amsterdam allows for sanctions to be brought against member states who commit a “serious and persistent breach” of the principles of “liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.” • Connors v. UK – ruled that “there is a positive obligation imposed on the Contracting States by virute of Article 8 to facilitate the gypsy way of life.”

8. AND SO… The EU has developed a model for successful implementation of Affirmative Action and the US would do well to follow their example

9. QUESTIONS