discrimination

Cross Post: Women’s-Only Swimming Hours: Accommodation Is Not Discrimination

Written by Miriam Rosenbaum and Sajda Ouachtouki 

This article was originally published in First Things.

Women’s-only hours at swimming pools are nothing new. Many secular institutions have long hosted separate swim hours for women and girls who, for reasons of faith or personal preference, desire to swim without the presence of men. The list includes Barnard College, Harvard University, Yale University, and swim clubs, JCCs, and YMCAs across the country. Recently, women’s-only swimming hours have become a topic of debate, especially in New York, where promoters of liberal secularist ideology (including the editorial page of the New York Times) are campaigning against women’s-only hours at a public swimming pool on Bedford Avenue in Brooklyn. They claim that women’s-only swimming hours, even for a small portion of the day, must be abolished in the interest of “general fairness and equal access” and to avoid “discrimination” in favor of certain religions. Continue reading

Mandatory submission of patient information about FGM: a pointless, damaging, discriminatory mess

Brenda Kelly and Charles Foster

Female Genital Mutilation (‘FGM’) is a term covering various procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons (WHO, 2012). It can be associated with immediate and long-term physical and psychological health problems. FGM is prevalent in Africa, Middle East and South East Asia as well as within diaspora communities from these countries

The Government, keenly aware of the political capital in FGM, has come down hard. The Serious Crime Act 2015 makes it mandatory to report to the police cases of FGM in girls under the age of 18. While we have some issues with that requirement, it is at least concordant with the general law of child protection.

What is of more concern is the requirement, introduced by the cowardly device of a Ministerial Direction and after the most cursory consultation (in which the GMC and the RCOG hardly covered themselves in glory), by which healthcare professionals, from October 2015, are legally obliged to submit patient-identifiable information to the Department of Health (‘DOH’) on every female patient with FGM who presents for whatever reason, through the Enhanced Dataset Collection (EDC). The majority of these women will have undergone FGM in their country of origin prior to coming to the UK. Continue reading

If you’re female, your face is worth 48-67% more than mine

If you’re a young woman, your face is worth between 48-67% more than that of a young man.

That’s the gist of the Judicial College’s Guidelines for the Assessment of General Damages in Personal Injury Cases, 12th Edition (2013) – one of the canonical texts used by lawyers.

For ‘Very Severe Scarring’ ‘in relatively young women (typically teens to early 30s), where the cosmetic effect is very disfiguring and the psychological reaction severe’, the suggested range of damages for pain, suffering and loss of amenity (what lawyers call ‘general damages’) is £39,160 – £78,650. The corresponding figures for males (‘especially in males under 30’) are £24,090 – £53,075.

The editors of the Guidelines are embarrassed by the discrepancy. They point out that it arises from ‘cases that stretch back into the mists of time’, but that  it is ‘nonetheless open to serious doubt that gender itself can be a proper or indeed lawful factor in determining the level of general damages.’ The embarrassment is appropriate. Gender in itself should not be relevant. The Guidelines list the relevant factors: they include ‘the subjective impact of the disfigurement upon the claimant and the extent to which it adversely affects the claimant’s social, domestic and work lives’.

Should the Guidelines declare that, as a matter of policy, the law should refuse to distinguish between facial scarring in males and in females? That, one might think, is an appropriate way for the law to declare its gender-blindness: it might help to nudge society (which the law leads, as well as reflects) in the right direction. But that would be wrong: the fact is that, whether we like it or not, facial scarring matters more to women. We should do our best to change the attitudes that make this the case, but it is the case, and in compensating claimants, judges should not pretend that we live in a liberal utopia in which people are not judged (by themselves and others) on the basis of the shape or colour of their face. Similarly, when assessing damages for loss of earnings, the law should not pretend that the legislation which prohibits discrimination on grounds of disability actually works.

A Dyslexic boy in a Trojan horse

‘Come in’, said the Well Known Educational Psychologist. We did. ‘Please sit down’, she said, and we did. She didn’t waste time, and quite right too. We wanted to know.

‘Tom and I have had a very interesting afternoon.’ That sounded bad.

‘He’s a very able child indeed’. That sounded worse, because it came with the emphatic pause that always indicates a big ‘but’.

In the pause I wondered why we’d done this. Why we’d taken a little boy out of the woods and out of his playground to have someone fumble inside his head with blunt tools: indices, probes, inventories, and assumptions about normality.

‘He’s quite dramatically dyslexic, I’m afraid.’ My wife shared her fear. There was a lot of it sloshing around. ‘But his IQ is so high that he’ll be able to use lots of coping strategies. And he’s still very young: there’s lots that can be done.’ And she told us what it was. Regulations could be invoked, tribunals could be convened, cards could be flashed, phonemes could be chanted. He could be imprinted like other children. It would just take longer. It would be hard work, for Tom and for us, but there was every reason to be hopeful of a ‘good result’.

And what the hell did that mean? I asked myself. I was too polite to ask her. I didn’t want a result. I wanted my son. Continue reading

Asking the right questions: big data and civil rights

Alastair Croll has written a thought-provoking article, Big data is our generation’s civil rights issue, and we don’t know it. His basic argument is that the new economics of collecting and analyzing data has led to a change in how it is used. Once it was expensive to collect, so only data needed to answer particular questions was collected. Today it is cheap to collect, so it can be collected first and then analyzed – “we collect first and ask questions later”. This means that the questions asked can be very different from the questions the data seem to be about, and in many cases they can be problematic. Race, sexual orientation, health or political views – important for civil rights – can be inferred from apparently innocuous information provided for other purposes – names, soundtracks, word usage, purchases, and search queries.

The problem as he notes is that in order to handle this new situation is that we need to tie link what the data is with how it can be used. And this cannot be done just technologically, but requires societal norms and regulations. What kinds of ethics do we need to safeguard civil rights in a world of big data?

Croll states:

…governments need to balance reliance on data with checks and balances about how this reliance erodes privacy and creates civil and moral issues we haven’t thought through. It’s something that most of the electorate isn’t thinking about, and yet it affects every purchase they make.
This should be fun.

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