ABSTRACT

Racism is often perceived as a conscious choice an individual makes to abuse another, or an explicit statement that a group of people are inferior to another. Less often is racism construed as a product of institutional culture. This inability to accurately depict the problem has stunted the ability of lawmakers to craft legislation that will adequately combat racism. This paper explores attempts in the recent past that have provided remedies for those subject to racism rather than addressing its systemic causes. S149 of the Equality Act in the United Kingdom bucked this trend by obligating public authorities to take proactive steps to eliminate discrimination. This paper examines the challenges the provision has faced, explores how it could work to prevent racism in the coming years, and argues that it remains important today.

摘要

种族主义通常被认为是个人滥用他人的有意识选择，或者是一群人不如他人的明确表述。种族主义很少被解释为制度文化的产物。这种无法准确描述问题的能力阻碍了立法者制定足以与种族主义作斗争的立法的能力。本文探讨了最近的尝试，这些尝试为遭受种族主义侵害的人们提供了补救措施，而不是解决其系统性原因。英国的《平等法》第S149条要求公共当局采取积极措施消除歧视，从而扭转了这一趋势。本文研究了该条款所面临的挑战，探讨了该条款如何在未来几年内预防种族主义，并指出，这一条款在今天仍然很重要。