Class Notes (835,342)
Canada (509,116)
Philosophy (1,521)
PHL271H1 (102)
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Schedule: 1. Grounds based approach to discrimination What asks something a ground? Do the grounds dominate different kinds of discrimination? Advantages of a grounds based approach 2. Iyres discussion: 2 problems with any list of grounds 2 problems with requiring claimants having to stuff their claim into a single ground 1. Grounds based approach to discrimination: 2. There are many ways in which countries can draft an anti-discrimination law o Can have a law saying: cannot discrimination, do not say how or anything o These countries leave it to the courts to decide what is discrimination and what isnt o What tends to happen is that there is a highly contextualized approach Will depend on the context of the discrimination These countries dont take a grounds based approach 3. List of prohibited ground like race sex age religion, ethnic origin, disability are examples of ground 4. Thing snot on the list are poverty and physical appearance 5. In Canada, claimant has to show that they have been differentiated based on one of these grounds on the list or something that a court can deem is similar enough to the ones on the list (for example sexual orientation is similar enough. 6. What makes something a ground? o No test o What all features on list have the same is immutability o BUT: You cant easily change them at your own will Problem with this: there are things that are immutable like physical appearance, but isnt a ground Can change your religion o So not immutability, but constructive immutability So something you can change but only at great cost o Why might it matter that all these on the list have to be difficult to change unless at great cost? Arbitrary in the sense that its an arbitrary feature of them o Why its wrong to discriminate based on sex, age , religion
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