Discrimination as the touchstone of persecution in refugee law

The touchstone of refugee law is the concept of persecution. The concept is poorly defined. The courts have suggested that it includes several elements, including discrimination, systematic conduct, motivation and causation. In the context of distinguishing between prosecution and persecution, other criteria that have been employed include the notion of a law of general application’ and the legitimate and appropriate and adapted test. These concepts are often overlapping and some are superfluous. This paper proposes a new test for persecution. The best way forward to unify and inject coherency, consistency and certainty into this area of the law is to make discrimination the sole criterion of persecution. The (exhaustive) test for persecution that is proposed is as follows:  1. Does the law on its face impose an additional burden for a Convention reason? 2. If the answer is no, it is necessary to examine if the practical effect of the law is to impose an additional burden on people for a Convention reason either because the law selectively targets people for a Convention ground or disproportionately applies against people for a Convention ground? 3. If the answer to both questions is ‘no’, the law does not constitute persecution. 4. If the answer to question 1 or 2 is ‘yes’, then the law will constitute persecution unless there is a relevant basis for causing serious harm to people for a Convention reason.

Nonlinear discrimination using support vector machine

Appropriate training data always play an important role in constructing an efficient classifier to solve the data mining classification problem. Support Vector Machine (SVM) is a comparatively new approach in constructing a model/classifier for data analysis, based on Statistical Learning Theory (SLT). SVM utilizes a transformation of the basic constrained optimization problem compared to that of a quadratic programming method, which can be solved parsimoniously through standard methods. Our research focuses on SVM to classify a number of different sizes of data sets. We found SVM to perform well in the case of discrimination compared to some other existing popular classifiers.

Dry your eyes princess : an analysis of gender and 'other' based discources in police organisations

This paper examines the literature relevant to an analysis of gender and discourse in police organisations with a view to testing it through research. Much of the literature on policing can be divided into four key topic areas: the features and construction of police culture; women’s integration into policing; organisational structures and styles of police leadership; and debates about the nature of police work. An examination of the literature has revealed a deficiency of research in discourses within policing and in particular, the impact of discourses on gender and police training. Assumptions underpinning the research project and supported by literature include: formal and informal structures and practices within organisations produce and reproduce gender relations; power, gender relations and masculinity are characteristics of police culture; discourses are products and resources of interactions which establish particular truths; and police organisations have been slow to respond to anti-discrimination legislation and to integrate women into police services. Critical to any analysis of culture, power, gender, discourses, difference, and subjectification is the dynamic and complex nature of culture. Applying Shearing’s and Ericson’s definition of culture as ‘figurative logic’ has resonance in police organisations where symbols, rhetoric and metaphors function as vehicles for discourses.

Combating homophobia : preliminary results of a school-based program to reduce discrimination against same-sex attracted youth

Two key determinants of mental health are (a) freedom from discrimination and (b) social connectedness. Same-sex attracted youth who are subjected to violence and discrimination, or who experience homophobia in their everyday lives are at greater risk of mental health problems, including suicidal thoughts and behaviours. As one of the most significant sites of homophobia is the school, a 6-week school-based program designed to help students explore their attitudes to gays and lesbians was developed, called “Pride & Prejudice”. In order to evaluate the usefulness of the program, students’ attitudes were measured before and after their participation. Variables assessed were: beliefs about gender roles, social desirability, attitudes to gay men and lesbians, social connectedness, self-esteem, and attitudes to race. Attitudes towards gay men held by students were significantly more positive after the program, and the level of attendance during the program significantly predicted > this change. A significant positive change also occurred in attitudes towards lesbians. Process evaluation showed that students generally viewed the program positively. From this preliminary data, it can be concluded that school-based programs delivered to individual classes in which students are given the opportunity to explore their attitudes towards lesbians and gay men are likely to lead to a significant reduction in homophobia. Health-promoting schools now have available to them an effective tool for promoting opportunities for students to reflect on their attitudes towards gay men and lesbians, and other aspects of “social diversity”. It is hoped that school-wide implementation of such a program will eventually lead to a reduction in the discrimination same-sex attracted youth often experience (either directly, or indirectly), and improve the social-connectedness of all students.

Against settlement? Owen Fiss, ADR and Australian discrimination law

In his celebrated article, Against Settlement, Owen Fiss objected to settlement for, among other things, securing the peace while not necessarily delivering justice and denying the court the opportunity to interpret the law. Fiss sees settlement as a technique for streamlining court dockets, the civil equivalent of plea bargaining. This paper explores Fiss’s criticisms through the lens of resolving discrimination complaints in Australia. It argues that although it is valuable to offer complainants a system for resolving complaints quickly and informally, especially in a jurisdiction in which complainants are often from marginalised groups, it is also necessary to recognise that this system is limited in how effectively it can develop the law and, by extension, eradicate discrimination. In essence, the system’s operation epitomises Fiss’ opposition to settlement. Modifying the complaint resolution system would improve this situation. The paper concludes by proposing three reforms based on mechanisms used in comparable countries: introducing direct access to the court or tribunal; strengthening ADR by making it voluntary and incorporating a ‘rights-based’ approach; and encouraging the regular publication of specific information about settlements and significant cases.

Strategic enforcement of anti-discrimination law : a new role for Australia's equality commissions

In Australia, anti-discrimination law is enforced by individuals who lodge a discrimination complaint at a statutory equality commission. The equality commission is responsible for handling complaints and attempting to resolve them. In most instances, the equality commission cannot advise or assist the complainant; it must remain neutral. In other countries, the equality commission plays a role in enforcement, principally by providing complainants with assistance to resolve their complaint including funding litigation. The equality commission’s assistance function has been most effective when used strategically as part of a broader enforcement program, rather than on an ad hoc basis. This article discusses equality commission enforcement in the United States of America, Britain, Northern Ireland and Ireland and shows how the equality commissions have engaged in strategic enforcement in order to develop the law and secure remedies which benefit the wider community, not only the individual complainant. Based on their experience, it is argued that the Australian equality commissions should play a role in enforcement so that they can tackle discrimination more effectively.

Remedying discrimination : the limits of the law and the need for a systemic approach

Very few discrimination complaints reach the courts each year. As with other civil litigation, the reasons for this include the cost of pursuing litigation and, particularly for complainants, the risk of losing or receiving less than the complainant could have negotiated prior.

Drawing on interviews with lawyers and non-legal advocates in Victoria and an analysis of successful cases in three jurisdictions, this article examines the remedy the court is likely to award in a successful discrimination complaint and considers the effect of this on the eradication of discrimination in society. A comprehensive examination of the remedies awarded in successful discrimination complaints in Victoria over a three year period shows that courts are most likely to order compensation at modest amounts and complainants are not regularly awarded their costs. A comparison with Queensland and the federal system reveals a similar experience. Even in those jurisdictions where wider remedies are available, courts rarely take the opportunity to make broad orders which could affect other similarly situated individuals or deter would-be respondents.

While it is necessary to remedy the complainant’s experience, it is also necessary to address broader, systemic discrimination and a compensation award cannot do this. Remedying discrimination with compensation is primarily a problem because it is reactive. Compensation does not address other instances of discrimination in society or achieve systemic change nor does it encourage compliance because the respondent is not required to take anticipatory action to prevent another complaint.

Based on the interpretive principles and extensive remedies provided in South Africa’s recent anti-discrimination and a study of remedies ordered by the South African Equality Courts and the Irish Equality Tribunal, the article proposes reforms to Australia’s anti-discrimination legislation to enable courts to make wider orders which target other instances of discrimination in addition to remedying the complainant’s experience.

Utilising self-report data to measure racial discrimination in the labour market

Although economists have developed a series of approaches to modelling the existence of labour market discrimination, rarely is this topic examined by analysing self-report survey data. After reviewing theories and empirical models of labour market discrimination, we examine self-reported experience of discrimination at different stages in the labour market, among three racial groups utilising U.S. data from the 2001-2003 National Survey of American Life. Our findings indicate that African Americans and Caribbean blacks consistently report more experience of discrimination in the labour market than their non-Hispanic white counterparts. At different stages of the labour market, including hiring, termination and promotion, these groups are more likely to report discrimination than non-Hispanic whites. After controlling for social desirability bias and several human capital and socio-demographic covariates, the results remain robust for African Americans. However, the findings for Caribbean blacks were no longer significant after adjusting for social desirability bias. Although self-report data is rarely utilised to assess racial discrimination in labour economics, our study confirms the utility of this approach as demonstrated in similar research from other disciplines. Our results indicate that after adjusting for relevant confounders self-report survey data is a viable approach to estimating racial discrimination in the labour market. Implications of the study and directions for future research are provided.

Aboriginal health promotion through addressing employment discrimination

The Localities Embracing and Accepting Diversity (LEAD) program aimed to improve the mental health of Aboriginal Victorians by addressing racial discrimination and facilitating social and economic participation. As part of LEAD, Whittlesea Council adopted the Aboriginal Employment Pathways Strategy (AEPS) to increase Aboriginal employment and retention within the organisation. The Aboriginal Cultural Awareness Training Program was developed to build internal cultural competency and skills in recruiting and retaining Aboriginal staff. Analysis of surveys conducted before (pre; n=124) and after (post; n=107) the training program indicated a significant increase in participant understanding across all program objectives and in support of organisational policies to improve Aboriginal recruitment and retention. Participants ended the training with concrete ideas about intended changes, as well as how these changes could be supported by their supervisors and the wider organisation. Significant resources have since been allocated to implementing the AEPS over 5 years. In line with principles underpinning the National Aboriginal and Torres Strait Islander Health Plan 2013-23, particularly the focus on addressing racism as a determinant of health, this paper explores the AEPS and training program as promising approaches to health promotion through addressing barriers to Aboriginal employment. Possible implications for other large organisations are also considered.

Odour-based discrimination of subspecies, species and sexes in an avian species complex, the crimson rosella

Olfaction is an ancient sensory capability, and yet while it is now widely recognized that birds have olfactory mechanisms, use of the sense within a social context has been largely overlooked. In our study, we aimed to determine, for the first time, whether plumage odour may contribute to avian subspecies discrimination. We used a species complex, the crimson rosella, Platycercus elegans, which exhibits large geographical and phenotypic differences. Across 2 years in a wild population of P.elegans elegans we tested whether females at the nest could: (1) discriminate odours of conspecifics; (2) discriminate odours of subspecies; (3) discriminate odours of sexes of conspecifics; and (4) habituate at different rates to odour treatments. We found that female response differed between odours of feathers of consubspecifics, heterosubspecifics, heterospecific controls and sham controls and between odours of sexes of conspecifics. Across all odour treatments, we found habituation to the odour and the rate of habituation differed between odour treatments. Our results indicate that P.e. elegans females are able to discriminate conspecifics, consubspecifics and sexes based on plumage odour. To our knowledge, this is the first work to show that birds of a certain subspecies can discriminate the odour of its own subspecies from that of other subspecies. Our findings suggest that olfaction in birds may play a larger role than hitherto considered, and may even act as a signal to maintain or promote population divergence. © 2014 The Association for the Study of Animal Behaviour.

Cross-sectional study of 24-hour urinary electrolyte excretion and associated health outcomes in a convenience sample of Australian primary schoolchildren: the salt and other nutrients in children (SONIC) study protocol

BACKGROUND: Dietary sodium and potassium are involved in the pathogenesis of cardiovascular disease. Data exploring the cardiovascular outcomes associated with these electrolytes within Australian children is sparse. Furthermore, an objective measure of sodium and potassium intake within this group is lacking. OBJECTIVE: The primary aim of the Salt and Other Nutrient Intakes in Children ("SONIC") study was to measure sodium and potassium intakes in a sample of primary schoolchildren located in Victoria, Australia, using 24-hour urine collections. Secondary aims were to identify the dietary sources of sodium and potassium, examine the association between these electrolytes and cardiovascular risk factors, and assess children's taste preferences and saltiness perception of manufactured foods. METHODS: A cross-sectional study was conducted in a convenience sample of schoolchildren attending primary schools in Victoria, Australia. Participants completed one 24-hour urine collection, which was analyzed for sodium, potassium, and creatinine. Completeness of collections was assessed using collection time, total volume, and urinary creatinine. One 24-hour dietary recall was completed to assess dietary intake. Other data collected included blood pressure, body weight, height, waist and hip circumference. Children were also presented with high and low sodium variants of food products and asked to discriminate salt level and choose their preferred variant. Parents provided demographic information and information on use of discretionary salt. Descriptive statistics will be used to describe sodium and potassium intakes. Linear and logistic regression models with clustered robust standard errors will be used to assess the association between electrolyte intake and health outcomes (blood pressure and body mass index/BMI z-score and waist circumference) and to assess differences in taste preference and discrimination between high and low sodium foods, and correlations between preference, sodium intake, and covariates. RESULTS: A total of 780 children across 43 schools participated. The results from this study are expected at the end of 2015. CONCLUSIONS: This study will provide the first objective measure of sodium and potassium intake in Australian schoolchildren and improve our understanding of the relationship of these electrolytes to cardiovascular risk factors. Furthermore, this study will provide insight into child taste preferences and explore related factors. Given the cardiovascular implications of consuming too much sodium and too little potassium, monitoring of these nutrients during childhood is an important public health initiative.

Wielding the big stick – Lessons for enforcing anti-discrimination law from the Fair Work Ombudsman

Anti-discrimination law is enforced by a person who has experienced discrimination by lodging a complaint at a statutory equal opportunity agency. The agency is responsible for receiving and resolving discrimination complaints and educating the community; it does not play a role in enforcing the law. The agency relies on ‘carrots’ to encourage voluntary compliance, but it does not wield any ‘sticks’. This is not the case in other areas of law, such as industrial relations, where the Fair Work Ombudsman is charged with enforcing the law — including the prohibition of discrimination in the workplace — and possesses the necessary powers to do so. British academics Hepple, Coussey and Choudhury developed an enforcement pyramid for equal opportunity. This article shows that the model used by the Fair Work Ombudsman reflects what Hepple, Coussey and Choudhury propose, while anti-discrimination law enforcement would be represented as a flat, rectangular structure. The article considers the Fair Work Ombudsman’s discrimination enforcement work to date and identifies some lessons that anti-discrimination law enforcement can learn from its experience.

Racial discrimination in Brazil: interviews with leaders of the black movement

Racism in Brazil has some specificities when compared to other countries, for, differently from, for instance, South Africa and the United States, Brazilian Constitutions, ever since the Independence (1822), have never distinguished the citizens according to race or color. Furthermore, since the mid-1900s, Afro-Brazilian cultural manifestations, such as, for example, samba and capoeira, started to be valued as a part of our “national identity”. These specificities make race relations in Brazilian society a much more complex issue. This paper is focused on selected parts of interviews that deal with the nature of racial discrimination in Brazil, extracted from interviews with leaders of the black movement produced within the scope of the project “The History of Black Movement in Brazil: organization of a collection of Oral History Interviews”, developed by CPDOC, Getulio Vargas Foundation (Rio de Janeiro). These “histories within history”, as told by our interviewees, may be transformed into images that will be able to condense a given reality, thus allowing us to evaluate the gains obtained by oral history methodology.

p-iodophenol-enhanced luminol chemiluminescent assay applied to discrimination between acute lymphoblastic and minimally differentiated acute myeloid (FAB-M0) or acute megakaryoblastic (FAB-M7) leukemias

Introduction: In this report, we propose the application of the p-iodophenol-enhanced luminol chemiluminescent technique to the determination of peroxidase (myeloperoxidase and/or platelet peroxidase) activity in blasts of minimally differentiated acute myeloblastic leukemia (AML-M0) and acute megakaryoblastic leukemia (AML-M7).Methods: the frozen blast cells from 29 patients were thawed and submitted to the optimized protocol.Results: All cases of AML-M7 and AML-M0 exhibited integrated light emission greater than 73 (10(2) mV x s), which was the arbitrary cutoff point set for the discrimination between AML and acute lymphoblastic leukemia (ALL) (mean + 3 x s.d. of ALL samples, n = 10). In addition, five out of seven cases of AML-M0 showed results above the Cutoff point.Conclusion: This highly sensitive enhanced chemiluminescent technique may be applied to discriminate between ALL and AML-M7 or AML-M1 cases, and most AML-M0 cases. It is very simple, cheap and easy to perform compared to other procedures used to measure MPO activity in AML-leukemias including AML-M7 and AML-M0.

Indicators for monitoring the implementation of the Convention on the Elimination of all Forms of Discrimination against Woman

Includes bibliography