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CA (542,723)
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PHL271H1 (115)
moreua (12)
Lecture

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4 Pages
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Department
Philosophy
Course Code
PHL271H1
Professor
moreua

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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. Iyre's 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
oCan have a law saying: cannot discrimination, do not say how or
anything
oThese countries leave it to the courts to decide what is
discrimination and what isn't
oWhat tends to happen is that there is a highly contextualized
approach
Will depend on the context of the discrimination
These countries don't 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?
oNo test
oWhat all features on list have the same is immutability
oBUT:
You can't easily change them at your own will
Problem with this: there are things that are immutable
like physical appearance, but isn't a ground
Can change your religion
oSo not immutability, but constructive immutability
So something you can change but only at great cost
oWhy 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
oWhy its wrong to discriminate based on sex, age , religion
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Description
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 www.notesolution.com
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