Institutional discrimination matters. The purpose of this longitudinal community‐based participatory research study was to examine institutional procedural discrimination, institutional racism, and other institutional discrimination, and their relationships with participants' health during a maternal and child health program in a municipal initiative. Twenty participants from nine multilingual, multicultural community‐based organizations were included. Overall reported incidences of institutional procedural discrimination decreased from April 2019 (18.6%) to November 2019 (11.8%) although changes were not statistically (...) significant and participants reporting incidences remained high (n = 15 in April and n = 14 in November). Participants reported experiencing significantly less “[when] different cultural ways of doing things were shared, the project did not support my way” from April 2019 (23.5%, n = 4) to November 2019 (0%, n = 0), Wilcoxon signed‐rank test Z = −2.00, p < 0.05. Some participants reported experiencing institutional racism (29.4%, n = 5) and other institutional discrimination (5.9%, n = 1). Participants experiencing institutional racism, compared to those who did not, reported a higher impact of the Initiative's program on their quality of life (t = 3.62, p < 0.01). Participatory survey designs enable nurse researchers to identify hidden pathways of institutional procedural discrimination, describe the impacts experienced, and examine types of institutional discrimination in health systems. (shrink)

Background: Old age–based discrimination is observed as the most tolerated prejudice in society and has also been witnessed in healthcare institutions. Aims: The aim of this study is to explore age-based discrimination in healthcare institutions as perceived by seniors and students of Medicine and Nursing. Research design: A multi-method study design, by involving a triangulation design. Participants and research context: A purposeful sample of individuals aged 65+ (n = 80) and medical and nursing students (n = 100) in (...) the eastern region of Poland. Ethical considerations: Ethical approval of the research protocol was received from the Ethics Committee at the Medical University of Lublin. Findings: ‘Old age’ was perceived by groups of participants based on three themes: (a) positive, (b) negative and (c) neutral connotations. The negative connotations predominated. The beginning of old age was defined by the metric of age and described by showing the complexity of the ageing process involving subjective, objective and societal aspects. Experience of age discrimination in healthcare institutions was reported by 24 (30%) seniors and witnessed by 47 (47%) students surveyed and for both groups occurred mainly at the hospital level and by physicians. Only 48 students (48%) declared a willingness to work with the older people in the future, and barriers were reported at the personal and professional levels, and also in some visions of older people. Conclusion: The conceptualization of old age as reported by seniors and students mainly carried negative connotations, reflecting the profoundly based stereotypes within society regarding the older people. Seniors have reported being exposed to ageism and have witnessed ageism episodes in HCIs; also, students have faced ageism episodes during their clinical education. There is a need for ethical education within medical and nursing courses to shape positive attitudes towards the older people. A positive vision of ageing should be promoted not only among young people but also among adults and older people to avoid self-stereotyping of older people and seeing old age from negative perspective. (shrink)

Research on gender inequality has posited the importance of gender discrimination for women’s experiences at work. Previous studies have suggested that gender stereotyping and organizational factors may contribute to discrimination. Yet it is not well understood how these elements connect to foster gender discrimination in everyday workplaces. This work contributes to our understanding of these relationships by analyzing 219 discrimination narratives constructed from sex discrimination cases brought before the Ohio Civil Rights Commission. By looking across (...) a variety of actual work settings, the analysis sheds light on the cultural underpinnings and structural contexts in which discriminatory actions occur. The analyses reveal how gender stereotyping combines in predictable ways with sex composition of workplaces and organizational policies, often through interactional dynamics of discretionary policy usage, to result in discrimination. The findings suggest the importance of cultural, structural, and interactional influences on gender discrimination. (shrink)

The article investigates the development of discourses related to freedom of religion and discrimination against religious minority in current Indonesia by identifying the discourse constructions of Ahmadiyya in various texts and talks produced and disseminated by government institution and the Indonesian Council of Ulama (the MUI). This study aims to reveal these institutions’ views and perspectives on Ahmadiyya issue using various discourse strategies. The data analysed are some legal proclamations issued and personal views delivered by the officials of these (...) two institutions. The CDA theoretical framework employed is to examine the positive-self and negative-other presentations. The finding reveals that the issue of Ahmadiyya is addressed through discourses related to Indonesian national interest and discourses related to religious matters. in these discourses, the two institutions and their officials present themselves positively and portray the Ahmadiyya sect negatively. The sect followers are negatively presented as the troublemaker, blasphemer, and the destroyer of religious harmony and social order. (shrink)

Le but de cet article est d’analyser l’état actuel de la recherche sur la discrimination des personnes handicapées par rapport à l’accès à la microfinance. Il soutient que la littérature existante suggère que les personnes handicapées font face à une indéniable discrimination dans l’accès à la microfinance (Labie et al., 2015). Les comportements des employés au sein des institutions de micro-finance (IMF) sont une des principales sources de discrimination à l’encontre des personnes handicapées, ce qui compromet leur (...) qualité de vie (Cramm & Finkenflugel, 2008 ; Mersland, Bwire & Mukasa, 2009; Labie et al., 2015). De plus, des études conduites par Beisland & Mersland (2012) and Nuwagaba et al. (2012) ont démontré que les personnes handicapées ont tendance à ne pas postuler pour des prêts en microfinance car elles anticipent un refus. Les personnes handicapées font face à une “discrimination basée sur le goût” (préjudice) et une “discrimination statistique” (fondée sur l’appartenance sociale). La réduction de la discrimination requiert des interventions qui visent à induire des réformes institutionnelles, à modifier les mentalités des employés et des personnes handicapées, et à intégrer des adaptations appropriées dans la gestion journalière des opérations de microfinance. Pour conclure, je recommande que les régulateurs dans le secteur la microfinance identifient les champs de discrimination qui compromettent présentement l’accès des personnes handicapées à la microfinance. (shrink)

While historical cultural materials inform users of the past, they may also contain language that perpetuates long-entrenched patterns of discrimination. In organizing and providing access to such materials, cultural heritage institutions must negotiate historical language and context with the comprehension and perspectives of modern audiences. Excerpted from a larger project exploring representation and access around historical terminology and personal identity, the present work offers insight into how knowl­edge organization systems may be used to help modern users confront and make (...) sense of past, discriminatory language in the archive. Using keywords drawn from the titles of 19th and 20th sideshow performer photographs, this work details the construction of a mapping dictionary that brings together corresponding terminology from several vocabulary sources along with annotations designed to explain historical terms to modern audiences. The development of this dictionary revealed several major types of problematic and potentially discriminatory language including historical euphemisms, misnomers, outdated terms, and sensationalist monikers. The finished dictionary offers opportunities to address these through explanatory annotations and to provide a richer, multi-perspective approach to subject analysis for these and other historical materials. (shrink)

In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. The argument (...) for state professional schools depends on the purpose of state professional programs. If the purpose of these programs is to provide professional services to citizens, and I argue that it is, then the state professional schools are permitted to do such discounting. My argument also supports the stronger claim that state schools have an obligation to do so, but I will focus on the weaker claim. Given their wider choice of goals, private schools are also permitted to discount womens applications, but they are not obligated to do so. In this paper, then, I provide an argument for the moral permissibility of such discounting. (shrink)

This article examines the relationship between women entrepreneurs’ job autonomy and work–life balance, with a particular focus on how this relationship might be augmented by environments that discriminate against women, whether socio-economically, institutionally, or culturally. Multisource data pertaining to 5334 women entrepreneurs from 37 countries indicate that their sense of job autonomy increases the likelihood that they feel satisfied with their ability to balance the needs of their work with those of their personal life. This process is particularly prominent when (...) they operate in countries characterized by discriminatory socio-economic and institutional conditions, though a mitigating instead of invigorating effect arises in culturally discriminatory settings. For business ethics scholars and practitioners, these findings indicate how the extent to which women entrepreneurs, seeking to combine professional and private responsibilities, derive benefits from initiatives aimed at enhancing their job-related freedom critically depends on whether they operate in adverse external environments. (shrink)

The authors refute Harris’s criticism of the work of NICE and in turn criticise his description of the institute’s positionHarris’s recent editorial,1It’s not NICE to discriminate, is long on both polemic and invective but short on scholarship. He offers nothing to illuminate the debate about allocating health care in circumstances of finite resources; he has no understanding of the quality adjusted life year and its use in health economic evaluation; and he makes ill researched, unsubstantiated charges against the institute and (...) its advisory bodies.ALLOCATING HEALTHCARE RESOURCESThe British National Health Service , like every other healthcare system in the world, has finite resources. How the NHS’s budget should be most appropriately allocated is a very specific example of the more general problem of distributive justice.2The NHS, with its requirement3 to provide all care that is “necessary and appropriate”, was founded with an egalitarian purpose. Yet despite its laudable emphasis on fairness, the implementation of the NHS’s egalitarian approach remains uncertain. What is necessary? What is appropriate? How should the tensions between the service’s egalitarian aspirations, and the need to provide health care from finite resources, be resolved? On what principles should these allocative decisions be made?Utilitarianism, with its goal to maximise overall good, is another approach. Yet experience with the original Oregon plan demonstrated that, when rigidly applied, it can yield solutions that most find unacceptable—for example, tooth capping taking precedence over emergency appendectomy.4 Moreover, some versions of utilitarianism can allow the interests of minorities to be overridden by the majority; and it has next to nothing to offer in eradicating health inequalities.There is no single, broadly accepted, theory of distributive justice …. (shrink)

The Fair-Start Defense justifies affirmative action preferences as a response to harms caused by race- and sex-based discrimination. Rather than base a justification for preferences on the traditional appeal to self-esteem, I argue they are justified in virtue of the effects institutional discrimination has on the goals and aspirations of its victims. In particular, I argue that institutional discrimination puts women and blacks at an unfair competitive disadvantage by causing academic disidentification. Affirmative action is justified (...) as a means of negating this unfair disadvantage. (shrink)

The essays study from different perspectives, the much discussed and crucial topic of social discrimination, and particularly Dalit exploitation. The work is highly interdisciplinary in nature-relevant for several subjects and disciplines such as political science, sociology, Dalit studies, minority studies, women's studies, anthropology, law, economics This work specifically sets out to explore contemporary manifestations of discrimination that persist in our society through institutions and through norms and practices that define the terms on which certain social groups continue to (...) be excluded. The contributors bring in different critical perspectives from their different disciplines. (shrink)

Over the past decade, scholars, institutions, and activists have voiced strong concerns about the potential of automated decision systems to indirectly discriminate against vulnerable groups. This article analyses the ethics of algorithmic indirect discrimination, and argues that we can explain what is morally bad about such discrimination by reference to the fact that it causes harm. The article first sketches certain elements of the technical and conceptual background, including definitions of direct and indirect algorithmic differential treatment. It next (...) introduces three prominent accounts of fairness as potential explanations if the badness of algorithmic indirect discrimination, but argues that all three are vulnerable to powerful levelling-down-style objections. Instead, the article demonstrates how proper attention to the way differences in decision-scenarios affect the distribution of harms can help us account for intuitions in prominent cases. Finally, the article considers a potential objection based on the fact that certain forms of algorithmic indirect discrimination appear to distribute rather than cause harm, and notes that we can explain how such distributions cause harm by attending to differences in individual and group vulnerability. (shrink)

This article is about the rights of the Roma in North Macedonia and the level of discrimination that Roma are facing while employed in the public sector in the Republic of North Macedonia. The aims and objectives of the article are theoretical and practical understanding of the situation of Roma and the violation of their rights through direct and indirect discrimination at work. The data was collected during the period from May-July 2019 via 52 collected questionaries from a (...) total of 70 public servants who were asked to be a part of the research. The article shows new data we have collected from employed Roma as public servants in different institutions in the state. The surveyed public servants were 52 in total, from which 34 are employees with secondary education, 17 are with university education and only 1 has a masters degree. The questionnaire is composed out of 17 questions about the forms of discrimination, feeling or witnesing discrimination at their workplace, who caused the discrimination, witnessing the spread of prejudices and stereotypes about the Roma, rejection of colleagues to share an office with Roma, and who caused the discrimination. One of the results shows that 55% of the surveyed Roma did not have a single training from their employer in the last 12 months and that 69% of those surveyed stated that they felt discrimination in the last 12 months on everyday basis. (shrink)

In the twentieth century there were two great political and social paradigms, the liberal-democratic and the libertarian. The central idea of the first approach is isonomy: the exclusion of any discrimination on the basis that legal rights are afforded equally to all people. The central idea of the second approach is rather to acknowledge and address a broader spectrum of known inequalities. Such an approach, Bellanca argues, allows the pursuit of pluralism as well as a more realistic and complex (...) view of what equality is. Here he analyzes the main economic and political institutions of an isocratic society, and in so doing, effectively outlines how a utopian society can be structurally and anthropologically realized. This book is ideal reading for an audience interested in the critique of contemporary capitalism through a renewed perspective of democratic socialism and leftist libertarianism. Nicolò Bellanca is Associate Professor of Development Economics at the University of Florence, Italy. He is the author of a broad array of scholarly articles, books and textbooks about both the history of economic thought and development economics. His current research focuses on the theory of institutional change. (shrink)

Freedom of Religion, Institution of Conscientious Objection and Political Practice in Post-Communist Slovakia1 The example of Slovakia is used to show how one of the post-socialist countries failed in fulfilling the demanding task of securing freedom of religious belief (including the right to conscientious objection) and, at the same time, securing all other human rights. An analysis of the methods used for changing the policies of pluralism and neutrality of the state into a policy of discrimination (e.g. concerning the (...) registration duty for churches) was carried out, followed by an analysis of a mechanism used for guaranteeing freedom of conscience of the members of the Catholic Church (the so-called Vatican Treaty). The treaty violates the prohibition of discrimination against women, because it makes it more difficult for them to have access to some health care services. Our hypothesis states that the hurriedly introduced right to conscientious objection is misused in this context as a means of regulating the politics of reproduction. In general, the re-Catholisation of the Slovak Republic follows two aims—to help in the fight for votes in the elections (because 70 % of Slovaks declare their religion to be Catholic), and to improve demographic development in the Slovak Republic (declared to be catastrophic by the Catholic Church), through hindering free access to abortions. (shrink)

Discrimination is a social phenomenon which seems to be widespread across different societies and cultures. Examples of discrimination concerning race, class, gender, and sexual orientation are not difficult to find in contemporary western societies. In this article, the author focus on the ontological ground of this phenomenon, with particular attention to its diffuse and institutionalised forms. The author defends a broadly speaking reductionist approach, according to which the various manifestations of discrimination are grounded on the existence of (...) the effects of “discriminatory stances” in social contexts. Discrimination may become part of the institutional sphere, either by way of bottom-up “crystallisation” of discriminatory practices, or by top-down “dilution” of institutional defaults into ordinary interactions. (shrink)

U.S. Food and Drug Administration policy prohibits blood donation from men who have had sex with men even one time since 1977. Growing moral criticism claims that this policy is discriminatory, a claim rejected by the FDA. An overview of U.S. blood donation, recent donor deferral policy, and the conventional ethical debate introduce the need for a different approach to analyzing discrimination claims. I draw on an institutional understanding of injustice to discern and describe five features of the (...) MSM policy and its FDA context that contribute to its discriminatory effect. I note significant similarities in the 1980s policy of deferring Haitians, suggesting an historical pattern of discrimination in FDA deferral policy. Finally, I point to changes needed to move toward a nondiscriminatory deferral policy. (shrink)

Overt racism and discrimination have been on the decline in the United States for at least two generations. Yet many American institutions continue to produce racial disparities. Sociologists and social critics have predominantly explained continuing disparities as results of continuing racism and discrimination, albeit in increasingly covert, anonymous forms; these critics suggest racism and discrimination have to be understood as historical, systemic problems operating at the level of institutions, culture, and society, even if overt forms are now (...) rare. With increasing reliance upon a proliferation of notions including “institutional racism,” “institutionalized discrimination,” and “glass ceilings,” however, scholars and critics alike have grown increasingly dependent upon statistical data on inequalities and institutional outcomes as grounds for theoretical and political inferences concerning collective motives or prejudices. In this crucial respect, insights from beyond studies of race and inequality, drawing especially on Wittgensteinian and Schutzian contributions to social thought, stand to illuminate the pragmatic, moral reasoning at work in the institutional racism argument and similar approaches. Such reflexive attention to a central conceptual resource of contemporary social criticism stands to bring attention back to the basic empirical and critical questions of how to study and engage with continuing inequalities in the post-civil rights era. These questions can certainly be addressed through theoretical stipulation and political claims-making, but a more viable conceptual and empiricalfoundation for both theory and criticism can be gained by attending more respectfully to foundational issues of meaning and interpretation in the human sciences and human relations. (shrink)

Overt racism and discrimination have been on the decline in the United States for at least two generations. Yet many American institutions continue to produce racial disparities. Sociologists and social critics have predominantly explained continuing disparities as results of continuing racism and discrimination, albeit in increasingly covert, anonymous forms; these critics suggest racism and discrimination have to be understood as historical, systemic problems operating at the level of institutions, culture, and society, even if overt forms are now (...) rare. With increasing reliance upon a proliferation of notions including “institutional racism,” “institutionalized discrimination,” and “glass ceilings,” however, scholars and critics alike have grown increasingly dependent upon statistical data on inequalities and institutional outcomes as grounds for theoretical and political inferences concerning collective motives or prejudices. In this crucial respect, insights from beyond studies of race and inequality, drawing especially on Wittgensteinian and Schutzian contributions to social thought, stand to illuminate the pragmatic, moral reasoning at work in the institutional racism argument and similar approaches. Such reflexive attention to a central conceptual resource of contemporary social criticism stands to bring attention back to the basic empirical and critical questions of how to study and engage with continuing inequalities in the post-civil rights era. These questions can certainly be addressed through theoretical stipulation and political claims-making, but a more viable conceptual and empiricalfoundation for both theory and criticism can be gained by attending more respectfully to foundational issues of meaning and interpretation in the human sciences and human relations. (shrink)

In some applications to human beings, the precautionary principle seems to raise specific ethical concerns. For instance, it has been used by a business owner in a court of justice to justify his refusal to hire applicants with a certain geographical origin for safety reasons. Or in public management, the precautionary principle has been used to exclude men who have sexual relations with men from donating blood on the basis of a higher HIV prevalence in this group. Does not the (...) precautionary principle here amount to justifying a form of discrimination? To help analyze what is at stake from a decision-theoretic viewpoint and to consider the possibility of ethical catastrophes, we offer a lexical utility model of the precautionary principle, which generalizes a previous model by Bartha and DesRoches (Synthese 199:8701–8740, 2021), Steel and Bartha (Risk Anal https://doi.org/10.1111/risa.13892, 2022). Traditional expected utility theory also comes out as a special case of the model. Our proposal opens new perspectives for considering ethical dilemmas within a precautionary approach. It is intended to serve as a guiding tool for management teams in socially responsible companies, public institutions, and government agencies. (shrink)

In this paper, I engage with the debate between John Rawls and Charles Mills. In the first part, relevant works by Rawls and Mills are mainly examined. To this end, I first begin by examining Rawls’s ideal theory of justice and its relevance to the issue of racism. I then consider Mills’s non-ideal critique of Rawls and supplement it with the help of the notion of social norms. Whereas Rawls’s view can deal with racial injustice as discrimination, in my (...) view, I argue that Mills’s theory is mostly concerned with racist injustice as oppression. Between racial injustice as discrimination and racist injustice as oppression, however, there are varying degrees of race-related wrongs, which can be elucidated by harmful social norms. As a result, I conclude that Mills’s point can be shown without supposing that the Rawlsian basic structure is inherently racist. (shrink)

A central trend in the development of discrimination law, in every jurisdiction, has been the movement from a requirement of intention to ground a complaint to the recognition as actionable of indirect or adverse effect discrimination. Initially, liability for discrimination was circumscribed very narrowly, requiring a form of intention that was tantamount to malice. The practical consequences of this narrow conception were apparent early on, and those concerned about them have long been agitating, with some success, for (...) a reading or redrafting of anti-discrimination statutes that would yield broader liability. Advocacy in the discrimination law context has tended to swing wildly between two extremes -- from a virtually exclusive focus on the moral blameworthiness of the defendant to an attempt to focus solely on the effects of discrimination on its victims. This article seeks to reexamine the gradual expansion of liability in discrimination law from the perspective of the key conceptual elements of liability in tort law in order to reexamine the normative underpinnings of this area of law. Viewed from a tort perspective, the enlargement of the scope of discrimination law can best be understood as resulting from an implicit expansion of the concept of fault appropriate to this context of human interaction, a change linked to an expanding conception of the human interests that discrimination law protects from infringement. From its beginnings, discrimination law implicitly recognized that deliberately refusing to contract with others out of ill will or prejudice toward an important aspect of identity such as race or sex constituted an affront to human dignity that could not be justified by the value of freedom of contract. The expansion of liability over time reflects an expansion of the concept of human dignity bound up with fair access to important opportunities and due consideration of the needs and interests of differently situated groups in the design of important social institutions. This conception of dignity constructs it as an objective interest that can be affected by implicitly discriminatory behavior as well as by conduct motivated by prejudice, requiring more robust justification than the mere claim to liberty. This approach can explain many of the advances in modern discrimination law without resorting to end-state distributive principles. (shrink)

Commentators are divided over whether Berkeley holds that physical objects are immediately perceived by sense. As I read Berkeley, discrimination is necessary for perceiving physical objects by sense. Berkeley says that discrimination requires perceiving motion. Since motions can only be mediately perceived according to Berkeley, physical objects can only be mediately perceived by sense. I defend this reading against the following objections. First, that perception of physical objects is non-conceptual. Second, that physical objects are divinely instituted collections of (...) ideas rather than psychologically associated collections of ideas. Third, that some physical objects are small enough to be immediately perceptually discriminated by touch. I also propose a new objection to the claim that physical objects are immediately perceived for Berkeley. I argue that immediate perception of a subset of a physical object’s sensible qualities is neither necessary nor sufficient to perceive that object by sense, according to Berkeley. (shrink)

Institutional Review Boards have expressed concern that research into sensitive topics such as mental disorder will cause participants undue distress. This study investigated the emotional responses of 5,220 Australians to a survey on mental-health-related discrimination. Participants were interviewed about their mental health and experiences of discrimination across 10 life domains and then the emotional impacts of the survey. Results suggested that a minority experienced a negative reaction in contrast to 88% reporting positive experiences. A mental health problem (...) was associated with both negative and positive reactions. (shrink)

In 2011 the IAAF introduced the Hyperandrogenism Regulations in an attempt to deal with a difficult problem; that of ensuring ‘fair’ competition in female athletics as a result of athletes with differences in sexual development competing against women without such conditions. In 2015, following a challenge to those regulations by Indian athlete, Dutee Chand, The Court of Arbitration for Sport (CAS) considered the merit of the regulations and determined that there was insufficient scientific evidence to justify their imposition. The regulations (...) were suspended by the CAS, until more convincing evidence could be provided (CAS 2014/A/3759 _Chand v AFI and IAAF_). The IAAF duly commissioned further research (Bermon and Garnier, 2017) and introduced amended regulations (the Eligibility Regulations for Female Classification (the DSD Regulations)). Although not universal, the IAAF has faced significant criticism from several angles about its approach to the problem. In particular, there has been criticism of the value of the scientific research on which the regulations are based (Franklin et al., 2018; Karkazis et al., 2012; Koh et al., 2018; Sőnksen et al., 2018; Tucker, 2017, Pielke, Tucker & Boye 2019) and also from those in the ethical and human rights fields seeking to ensure that the rights of individual athletes are protected (Adair, 2011; Buzuvis, 2016; Koh et al., 2018). In light of such criticism, this paper considers the IAAF’s approach in dealing with the perceived problem and considers its conduct against an objective framework of ‘good sporting governance’ (Geeraert, 2013; Henry and Lee 2004). It is this paper’s contention that the IAAF’s approach to rule creation in this area demonstrates less than ideal governance practice and, in doing so, notes the role of historical, cultural and institutional barriers as well as an over-reliance on insufficiently conclusive scientific evidence to provide a seemingly objective solution to a fundamentally more complex problem. (shrink)

Research suggests that interventions involving extensive training or counterconditioning can reduce implicit prejudice and stereotyping, and even susceptibility to stereotype threat. This research is widely cited as providing an “existence proof” that certain entrenched social attitudes are capable of change, but is summarily dismissed—by philosophers, psychologists, and activists alike—as lacking direct, practical import for the broader struggle against prejudice, discrimination, and inequality. Criticisms of these “debiasing” procedures fall into three categories: concerns about empirical efficacy, about practical feasibility, and about (...) the failure to appreciate the underlying structural-institutional nature of discrimination. I reply to these criticisms of debiasing, and argue that a comprehensive strategy for combating prejudice and discrimination should include a central role for training our biases away. (shrink)

My focus in this essay is on 'institutional' or 'procedural' criticisms of the death penalty. These criticisms take aim at the death penalty as it is carried out in practice. They begin with empirical observations about the imperfect functioning of the various institutions involved in death penalty administration, such as courts and the police. These institutional imperfections, it is claimed, result in the death penalty being imposed arbitrarily or capriciously; skews death penalty verdicts by various forms of deprivation (...) and discrimination (direct and indirect); and deliver an unacceptable rate of wrongful convictions. These facts are then taken as reasons to abolish or at least establish a moratorium on the death penalty until the imperfections are ironed out to an acceptable level. -/- My aims in this essay are three-fold. First, I aim to unpack the term “arbitrary” as a term of criticism against the criminal justice system. I argue that claims about arbitrariness refer to a range of more specific forms of injustice: one should speak not of arbitrariness as such but rather of an arbitrariness basket which is home to many kinds of injustice. Second, I wish to defend what I call "modest abolitionism," which relies upon a general duty to mitigate severe injustices when their rectification is particularly difficult or resource-intensive. Finally, I respond to some important criticisms of abolitionist arguments which take the arbitrariness of death penalty administration as their core. (shrink)

Frailty is a state of increased vulnerability to poor resolution of homeostasis after a stressor event. Frailty is most frequently assessed in the old using the Clinical Frailty Scale (CSF) which ranks frailty from 1 to 9. This assessment typically takes less than one minute and is not validated in patients with learning difficulties or those under 65 years old. The National Institute for Health and Care Excellence (NICE) developed guidelines that use “frailty” as one of the priority-setting criteria for (...) how scarce, but potentially lifesaving, health care resources should be allocated during the COVID-19 pandemic. Similar guidelines have been developed elsewhere. This paper discusses the ethical implications of such rationing and argues that this is an unproven and ethically problematic form of health care rationing. It specifically discusses: (1) how the frailty ascription becomes a self-fulfilling prophecy, (2) the problematic use of “frailty” in COVID-19 “triage,” (3) the circularity of the link between age and frailty, (4) indirect discrimination because of the use of a seemingly neutral criterion in health care rationing, and (5) the difficult link between comorbidities and frailty. It is found that there was no research into the use of global frailty scores as a criterion for access to acute treatment before January 2020 and so it is concerning how readily frailty scoring has been adopted to ration access to potentially lifesaving treatments. Existing gerontological frailty scoring systems have not been developed for this purpose, and repurposing them creates significant ethical issues. (shrink)

Cost-effectiveness analysis is the standard analytical tool for evaluating the aggregate health benefits of treatments, interventions, or health programs. It works by comparing the ratio of costs and benefits of different alternatives. The lower the ratio, the more effective the treatment, intervention, or program. The use of cost-effectiveness analysis can ensure that scarce health care resources are allocated in a way that maximizes the satisfaction of health needs. According to a common objection, however, the use of cost-effectiveness analysis for setting (...) priorities in the allocation of health care resources may lead to unfair discrimination against people with disabilities.The aim of the first part of this .. (shrink)

Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights from technology-based harms. This paper covers (...) a few conceptual and institutional considerations highlighted in seminal works from scholars and international human rights institutions. To name a few; (1) technology and discriminatory challenges (2) design and use of technology (3) digital divide amongst countries (4) duty of actors, (5) neoliberal technologies, (6) the use of prohibitions and remedies, and (7) the emergence of new human rights. Much of the advocacy and rights-based interventions around the globe are attentive to technology’s challenges to human rights. The abovementioned considerations define the core of the international normative framework, which is often advanced to protect human rights from technology-based harms. (shrink)

Background. As the development and use of genetic tests have increased, so have concerns regarding the uses of genetic information. Genetic discrimination, the differential treatment of individuals based on real or perceived differences in their genomes, is a recently described form of discrimination. The range and significance of experiences associated with this form of discrimination are not yet well known and are investigated in this study. Methods. Individuals at-risk to develop a genetic condition and parents of children (...) with specific genetic conditions were surveyed by questionnaire for reports of genetic discrimination. A total of 27,790 questionnaires were sent out by mail. Of 917 responses received, 206 were followed up with telephone interviews. The responses were analyzed regarding circumstances of the alleged discrimination, the institutions involved, issues relating to the redress of grievances, and strategies to avoid discrimination. (shrink)

Decisions based on algorithmic, machine learning models can be unfair, reproducing biases in historical data used to train them. While computational techniques are emerging to address aspects of these concerns through communities such as discrimination-aware data mining and fairness, accountability and transparency machine learning, their practical implementation faces real-world challenges. For legal, institutional or commercial reasons, organisations might not hold the data on sensitive attributes such as gender, ethnicity, sexuality or disability needed to diagnose and mitigate emergent indirect (...) discrimination-by-proxy, such as redlining. Such organisations might also lack the knowledge and capacity to identify and manage fairness issues that are emergent properties of complex sociotechnical systems. This paper presents and discusses three potential approaches to deal with such knowledge and information deficits in the context of fairer machine learning. Trusted third parties could selectively store data necessary for performing discrimination discovery and incorporating fairness constraints into model-building in a privacy-preserving manner. Collaborative online platforms would allow diverse organisations to record, share and access contextual and experiential knowledge to promote fairness in machine learning systems. Finally, unsupervised learning and pedagogically interpretable algorithms might allow fairness hypotheses to be built for further selective testing and exploration. Real-world fairness challenges in machine learning are not abstract, constrained optimisation problems, but are institutionally and contextually grounded. Computational fairness tools are useful, but must be researched and developed in and with the messy contexts that will shape their deployment, rather than just for imagined situations. Not doing so risks real, near-term algorithmic harm. (shrink)

The everyday harms of structural racism and discrimination, perpetuated through institutions, laws, policies, and practices, constitute social determinants of health, but measures that account for their debilitating effects are largely missing in genetic studies of complex diseases. Drawing on insights from the social sciences and public health, we propose critical methodologies for incorporating tools that measure structural racism and discrimination within genetic analyses. We illustrate how including these measures may strengthen the accuracy and utility of findings for diverse (...) communities, clarify elusive relationships between genetics and environment in a racialized society, and support greater equity within genomics and precision health research. This approach may also support efforts to build and sustain vital partnerships with communities and with other fields of research inquiry, centering community expertise and lived experiences and drawing on valuable knowledge from practitioners in the social sciences and public health to innovate biomedical and genomic study designs aimed at community health priorities. (shrink)

European countries are required to establish equality bodies to combat discrimination. For the success of such bodies, informing citizens about their existence and functioning is essential. Therefore, this study conducts a thematic content analysis of news coverage (N = 129 Flemish news articles) pertaining to the recently established Flemish Human Rights Institute (FHRI) in Belgium. The analysis focuses on the subjects addressed in the news articles, the individuals or groups involved, and the interpretation of the three components of the (...) responsiveness triangle (policy system, social perspectives, and policy environment), which collectively determine the perception of a legitimate policy. The study’s findings reveal that the articles extensively feature varying viewpoints from politicians and civil society organizations regarding the FHRI’s policy system, including its competences, institutional formation, and operation, as well as its role in protecting citizens’ rights. However, the news articles refrain from offering a conclusive assessment of the institution’s legitimacy. (shrink)

Over the past 20 years, a series of empirical studies in different countries have shown that the increase in genetic knowledge is leading to new forms of exclusion, disadvantaging and stigmatisation. The term "genetic discrimination" has been coined to refer to a (negative) differential treatment of an individual on the basis of what is known or assumed about his or her genetic makeup. Reported incidents2 include difficulties in finding or retaining employment, problems with insurance policies and difficulties with adoption.So (...) far, no empirical data on genetic discrimination in Germany are available. For this reason it remains unclear how often people in Germany are discriminated against because of their genetic characteristics. Aside from individual cases do forms of systematic genetic discrimination exist? If so, in which institutions and social arenas do they appear? These questions cannot be answered at present even cursorily, since no specialised studies or basic surveys have been carried out. Even the ethical, legal, and social issues (ELSI) accompanying the Human Genome Project3 and financed by the German Federal Ministry for Education and Research does not include a single investigation of this. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

Nowadays, more than three centuries after John Locke’s affirmation of the separation between state and church, confessional systems of government are still widespread and, even in secular liberal democracies, politics and religion often intermingle. As a result, some ecclesiastical institutions play a significant role in political affairs, while minority groups and individuals having alternative worldviews, values, and lifestyles are frequently discriminated against. Locke’s theory of religious toleration undeniably has some shortcomings, such as the exclusion of Roman Catholics and atheists from (...) toleration and an emphasis on organized religion in A Letter Concerning Toleration (1689). However, Locke’s theory of toleration, which presents a Christian’s defense of the civil rights of those who have different religious opinions, still provides powerful arguments for the oft-neglected separation of politics from institutional religion, thereby urging us to leave theological dogmas and ecclesiastical authorities out of political life. (shrink)

U.S. Food and Drug Administration policy prohibits blood donation from men who have had sex with men even one time since 1977. Growing moral criticism claims that this policy is discriminatory, a claim rejected by the FDA. An overview of U.S. blood donation, recent donor deferral policy, and the conventional ethical debate introduce the need for a different approach to analyzing discrimination claims. I draw on an institutional understanding of injustice to discern and describe five features of the (...) MSM policy and its FDA context that contribute to its discriminatory effect. I note significant similarities in the 1980s policy of deferring Haitians, suggesting an historical pattern of discrimination in FDA deferral policy. Finally, I point to changes needed to move toward a nondiscriminatory deferral policy. (shrink)

In Western societies and organizations, episodes of discrimination based on individual demographic and social characteristics still occur. Relevant questions, such as why ethnic discrimination is perpetuated and how people confront it in the workplace, remain open. In this study, we adopt a social-symbolic work perspective to explore how individuals confront workplace ethnic discrimination by both upholding and challenging it. In doing so, we incorporate the perspectives of those directly experiencing, observing and neglecting discrimination. Specifically, we focus (...) on the Italian branches of North American professional service firms (PSFs), performing a qualitative investigation of the worlds of concern among professionals regarding the topic of ethnic discrimination to explore how different backgrounds motivate social-symbolic work. We find that different forms of work are enacted to support the status quo, shape the boundaries of existing organizational practices, and balance professional identities, emotions, and careers to silence episodes of ethnic discrimination. We also highlight cases of ‘soft,’ yet increasing, work that contests the status quo. Finally, we discuss our results in light of neo-institutional and critical management research to ultimately inspire our focal firms and societies to find alternatives to the rhetoric in the established approaches to inequality. (shrink)

This study used a partial least squares structural equation modelling (PLS-SEM) to estimate curriculum management's direct and indirect effects on university graduate programmes' viability. The study also examined the role of institutional effectiveness in mediating the nexus between the predictor and response variables. This is a correlational study with a factorial research design. The study's participants comprised 149 higher education administrators (23 Faculty Deans and 126 HODs) from two public universities in Nigeria. A structured questionnaire designed by the researchers (...) was used for data collection. The questionnaire was duly validated with an acceptable scale and item content validity indices. The dimensionality of the instrument was determined using exploratory factor analysis (EFA). Convergent validity was based on Average Variance Extracted (AVE), whereas discriminant validity was based on Fornell-Lacker criteria and the Hetero-Trait Mono-Trait (HTMT) ratio. Acceptable composite reliability estimates of internal consistency were reached for the three sub-scales. Following ethical practices, the questionnaire was physically administered to respondents and retrieved afterwards. Smart PLS (version 3.2.9) and SPSS (version 26.0) programs were used for all the statistical analyses. This study uncovered significant direct and indirect effects of curriculum management on the viability of graduate programmes. Institutional effectiveness significantly impacted graduate programmes’ viability while mediating the nexus between curriculum management and graduate programmes’ viability. Curriculum management and institutional effectiveness jointly explained a significant proportion of graduate programmes’ viability variance. The result of this study proved that graduate programmes’ viability depends, to a great extent, on how much curriculum is managed and how effective institutions are with their services. The result of this study can enable institutions seeking to run viable graduate programmes to re-evaluate their curriculum management practices and the effectiveness of their services. (shrink)

The consideration of racial differences in the biology of disease and treatment options is a hallmark of modern medicine. However, this time-honored medical tradition has no scientific basis, and the premise itself, that is, the existence of biological differences between the commonly known races, is false inasmuch as races are only sociocultural constructions. It is time to rid medical research of the highly damaging exercise of searching for supposed racial differences in the biological manifestations of disease. The practice not only (...) condoned but required by the National Institutes of Health of utilizing racial identification as a demographic characteristic with assumed biological implications is at best badly flawed, and at worst unintentionally contributes to perpetuating the fallacy of natural differences between persons of different skin color, which has been used in the past to advance the cause of racial discrimination. (shrink)

Language tests for overseas registered nurses (ORN) working outside their home country are essential for patient safety, as communication competency needs to be established in any workforce. We argue that the current employment of existing language tests is structurally and institutionally racist and disadvantages ORNs from non‐European Union (EU) and non‐White countries seeking to work in the United Kingdom. Using Critical Race Theory (CRT), we argue that existing English language tests for ORNs seeking registration in the United Kingdom are discriminatory (...) due to the UK's racist migration policies and a regulatory body for nursing and midwifery that fails to acknowledge and understand its own institutionally racist practices. (shrink)

Under conditions with a low level of available genetic information, mutualistic private insurance markets will often create broadly just outcomes, even if by accident rather than by design. Normatively acceptable outcomes of this kind would come under threat if insurers were to have increased access to genetic information with substantial predictive content.1 As the availability of relevant individual genetic information grows, mutualistic forms of market-based insurance face a dilemma between either sacrificing individuals’ interests in genetic privacy, or creating conditions for (...) market failure due to adverse selection. My view is therefore that we have good reason to shift towards more solidaristic forms of ‘risk-sharing institutions’ with regard to functions such as life insurance and critical illness insurance, as a way of resolving normative tensions between values of equality, privacy, non-discrimination and autonomy. Such a position, I have argued, does not depend on endorsing any particular conception of social justice, but can be defended on the basis of a number of different plausible accounts of what justice demands.1 Jonathan Pugh argues against my endorsement of a shift towards solidaristic, non-market risk-sharing institutions, and instead argues broadly in favour of the status quo. He holds that it counts against my proposals that they ‘have wide-ranging and highly revisionary implications’, and argues that my approach is mistaken in relying on ‘a single contestable theory’. Pugh offers a purportedly less contestable account of the relevant normative considerations underlying insurance regimes, composed of three …. (shrink)

In the 1920s, scientists at the University of Cambridge’s Sir William Dunn Institute of Biochemistry made major contributions to the emerging discipline of biochemistry while also devoting considerable time and energy to the production of a humor journal entitled Brighter Biochemistry. Although humor is frequently regarded as peripheral to the work of science, the journal provides an opportunity to understand how it contributes to the social infrastructure of scientific communities as modern workplaces. Taking methodological cues from cultural history, ethnography, and (...) humor studies, this essay conducts a close and contextual reading of Brighter Biochemistry. This reading demonstrates how humor served as a central means through which members of the Dunn confronted workplace issues, including creating cooperative work teams, responding to gender discrimination, addressing funding anxiety, and defining professional identity. These conclusions provide a new perspective on the well-documented history of the Dunn and also offer a model for how historians of science can approach humor when its traces are encountered in other settings. (shrink)

NICE must not say people are not worth treatingThe National Institute for Health and Clinical Excellence has proposed that drugs for the treatment of dementia be banned to National Health Service patients on the grounds that their cost is too high and “outside the range of cost effectiveness that might be considered appropriate for the NHS”i.1This is despite NICE’s admission that these drugs are effective in the treatment of Alzheimer’s disease and despite NICE having approved even more expensive treatments. The (...) effect is that thousands of Alzheimer’s patients will be denied the only treatment available. It is difficult to think of this as anything but wickedness or folly or more likely both. At the same time, and with no apparent sense of irony, NICE has launched a public consultation document3 on its guidelines on social value judgments. As we shall see these guidelines are ethically illiterate as well as socially divisive.Assuming permanently scarce resources it is clearly crucial that such healthcare resources as are available are not wasted. This point is often made in terms of cost effectiveness and it is argued, not implausibly, that to talk of cost effectiveness implies that we are able to measure just how cost effective each treatment is. To do so of course we need a standard of measurement. NICE has adopted the ubiquitous, but justly infamous QALY, the Quality Adjusted Life Year.The QALY combines life expectancy after treatment with measures of the expected quality of that life. There are two ways in which QALYS can be used. They might be used to determine which of rival therapies to give to a particular patient or which procedure to use to treat a particular condition, in short which of two different treatments is the more …. (shrink)

ArgumentIn the late 1960s, in the midst of campus unrest, a group of young economists calling themselves “radicals” challenged the boundaries of economics. In the radicals' cultural cartography, economic science and politics were represented as overlapping. These claims were scandalous because they were voiced from Harvard University, drawing on its authority. With radicals' claims the subject of increasing media attention, the economics mainstream sought to re-assert the longstanding cultural map of economic science, where objectivity and advocacy were distinguishable. The resolution (...) of the contest of credibility came with a string of cases of dismissals and denial of tenure for radicals. The American Economic Association's investigations of these cases, imposing the conventional cultural map, concluded that personnel decisions had not been politically motivated. Radicals were forced to migrate from the elite institutions from which they had emerged to less prestigious ones. “Place” became a marker of their marginalization within the profession. (shrink)

This volume continues the biography that Ellis Yochelson began with Charles Doolittle Walcott: Paleontologist , which Ronald Rainger reviewed for Isis . The present volume covers Walcott's years as Secretary of the Smithsonian Institution, from 6 May 1907 until his death on 9 February 1927. The precise dates here are simply a sign that, mutatis mutandi, most of Rainger's criticisms regarding the first volume also apply to the second. Yochelson continues with his rigidly chronological presentation, including virtually every recorded event (...) from Walcott's daily life during these nearly twenty years, with almost no selectivity. This is a particularly frustrating method of presentation for several reasons. Not only is almost everything of apparently equal value—administrative and scientific work and controversies, Christmas and Thanksgiving holidays, and the multiple trips to the dentist to remove teeth, one by one, in the latter chapters—but the interwoven presentation makes it very hard to follow the threads of the different stories that are of real interest to a historian. Events that unfolded over years here are revealed over the course of chapters, often one line at a time. While reading the book I often felt that I had been hijacked on the New York City subway system and that the train was hurtling from one station to another, along every line, with no apparent reason and hardly any indication of where I was headed. Surely not even in his own living of his life could Walcott have experienced it as so without organization.This book is not without themes, however, and several finally become very apparent. First, Yochelson evidently believes that Walcott was a near‐perfect scientist and administrator. Second, Yochelson obviously does not approve of a number of things about the more recent history of the Smithsonian and Congress's way of dealing with the institution. Third, Yochelson very much disagrees with Stephen Jay Gould's treatment of Walcott in Wonderful Life: The Burgess Shale and the Nature of History . Treating these in reverse order: Gould does not need whatever poor defense I might be able to make. Yochelson's presentation might have more credibility if he did not seem so pointedly sarcastic at times. And Walcott does not have to have been perfect to have been highly influential. Walcott and historians alike will be much better served when some historians sit down to study him as a human being, replete with abilities and foibles, a man of his time, a scientist, businessman, and administrator, with a hand in much of the development of the late nineteenth‐ and early twentieth‐century American scientific establishment. This treatment will of necessity be different than Yochelson's “day‐planner” approach. Finally, Yochelson could profitably have taken a lesson from Walcott, who evidently devoted much more time to proofreading than Yochelson did. This book is replete with typographical errors, at least some of which are also obvious errors of fact. This should make readers hesitant to rely on Yochelson alone as an authority.Yochelson has performed a useful task in drawing attention to Walcott, but I hope this work spurs historians to give him sustained, serious, and discriminating attention. His well‐documented career gives every indication of providing rich rewards to such study. (shrink)

The claim that policing practice in the UK is institutionally racist was widely accepted after the Macpherson Report at the end of last century. The report included the idea that there may be widespread ‘unwitting prejudice' that led to racially discriminatory practice. The recent findings of empirical psychology, about implicit racial biases, provide a framework for better understanding this part of institutional racism. Understanding the workings of implicit racial bias helps us to see the implications for the kinds of (...) steps needed to combat racial discrimination in policing and in the criminal justice system more broadly. (shrink)

The central focus of this research is the fast and crucial impact of the COVID-19 pandemic, and its exceptionally serious consequences in terms of healthcare, state intervention and impositions, radical changes in people’s life, on a crucial psychological, relational, and political construct: trust. In this survey, addressed to 4260 Italian citizens, we tried to analyze and measure such impact, focusing on various aspects of trust. This attention to multiple dimensions of trust constitutes the key conceptual advantage of this research, since (...) trust is a complex and layered construct, with its own internal dynamics. In particular, the analysis focuses on how citizens attribute trust to Public Authorities, in relation to the management of the health crisis: with regard to the measures and guidelines adopted, the purposes pursued, the motivations that determine them, their capacity for involvement and their effectiveness for the containment of the virus itself. A pandemic creates a bilateral need for trust, both in Public Authorities (they have to rely on citizens’ compliance, and must try to promote and maintain their trust in order to be effective), and in citizens, since they need to feel that somebody can do something, can (has the power) to protect them, to act at the needed collective level. We are interested to explore how this need for trust affects the attributional process, regarding both attitudes and the corresponding decisions and actions. The most striking result of this survey is the very high level of institutional trust expressed by respondents: 75% of them trust Italian public authorities to be able to deal with the COVID-19 emergency. This is in sharp contrast with the relatively low levels of institutional trust characteristic of Italy, both historically and in recent surveys. Moreover, the survey allowed to discriminate several potential predictors for trust, thus emphasizing factors that, during this crisis, are exhibiting an anomalous impact on trust. (shrink)