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Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population. However, as long as such action is needed to correct discrimination, in fact, it is a case of legitimate differentiation under the Covenant." [139]
President Kennedy stated in Executive Order 10925 that "discrimination because of race, creed, color, or national origin is contrary to the Constitutional principles and policies of the United States"; that "it is the plain and positive obligation of the United States Government to promote and ensure equal opportunity for all qualified persons ...
Positive action consists of measures which are targeted at protected groups in order to enable or encourage members of those groups to overcome or minimise disadvantage; or to meet the different needs of the protected group; or to enable or encourage persons in protected groups to participate in an activity. In contrast to affirmative action ...
The need to formulate general legal principles on equality was defined on the basis of (i) acknowledging the pervasiveness of discrimination and the weaknesses in the protection of the right to equality at both international and national levels, (ii) the absence of comprehensive equality legislation in many countries around the world and the recognition that such legislation is necessary to ...
Section 15(1) aims to prevent discrimination against marginalized and disadvantaged groups, while section 15(2) aims to combat discrimination through affirmative action. [17] The Crown dismissed the appeal as under section 15(2) the Government has the power to implement affirmative action programs in order to advance the aboriginal bands access ...
To take an example involving two parties in a court of law: Adrian has a negative right to x against Clay, if and only if Clay is prohibited to act upon Adrian in some way regarding x. In contrast, Adrian has a positive right to x against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding x.
In the U.S., affirmative action has focused on the under-representation of ethnic minority groups and women, and attempted to remedy the effects of past discrimination in both government and the business world. [13]
The Rehabilitation Act of 1973 prohibits employment discrimination on the basis of disability by the federal government, federal contractors with contracts of more than $10,000, and programs receiving federal financial assistance. [16] It requires affirmative action as well as non-discrimination. [16]