Iyer- Last Lecture - Grounds Based Approaches: Background...

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Grounds Based Approaches: Background on grounds based approaches to discrimination - what does it mean to call something a grounds based approach? when we think about anti-discrimination law, there are many ways counties can implement a draft in anti-discrimination law Netherlands just have a law that says “the government may not discriminate” these countries leave it to the courts to see what is justified and what isn’t what tends to happen here is that there is highly contextualized this is not a grounds based approach but Canada does: we have a list of prohibited grounds (race, sex, age, religion, ethnic origin, disability) there are certain things that are not on the list (poverty, physical appearance) there are some things that a court can deem an analogous ground (sexual orientation) ex: in the Halpern case, they move quickly through (b) in the dignity test there is no agreed upon test for what makes something a justified ground for discrimination immutability could be a criteria, as you could not easily change it however, you could change your religion but usually it would be at a considerable cost (initiation process, personal cost - many family, friends may be of your former religion) so instead, constructive immutability: something that you can’t change except at great cost however, there are very different reasons why things are discrimination: sex vs. religion (sex is not always deep down who you are, but religion can be) this is why it is difficult to see what makes something a ground sometimes people use the historical prevalance of discrimination (stereotyping, deep rooted inequality) when determining if something is discrimination which is not on the list of prohibited
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This note was uploaded on 11/18/2011 for the course PHL 271H1 taught by Professor Professormoreau during the Spring '11 term at University of Toronto- Toronto.

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Iyer- Last Lecture - Grounds Based Approaches: Background...

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