Change of the Mandatary Retirement Age Based on the Constitutional Equal Protection
Different standards for the elderly from the other ages are adopted for the termination of employment contract in Korean workplaces. Labor laws stipulate a mandatory retirement age to protect employees. However, many employees are laid off in spite of legal regulations. External factors should be considered for deciding the existence of age discrimination at work....
Integrated Diversity: A Pluralist Constitutional Framework
I argue that the Philippine Constitution‘s main strategy for pursuing and preserving fundamental values is the fostering of integrated diversity, which seeks to empower various, diverse groups and channel their political energies into the democratic processes whereby the coöperation, compromise, and coalition-building needed to succeed would lead to the pursuit of collective norms and win-win...
Multiple Diversity Governance through Law and Politics
With the violent ethnic conflicts in the Balkans after the end of the Cold War, secessionist movements in Western Europe, and the refugee crisis in 2015, the integration of old and new minorities and stateless nations became a top priority for European contries. However, it is more and more evident that old legal and political...
Substantive Inequality and Discrimination as the Irrational Distribution of a Benefit: A Rehabilitation
This paper attempts to give new life to a conception of the rights to equality and non-discrimination —often misleadingly called ‘formal‘ and currently less fashionable— built around irrationality in the distribution of a benefit. To be clear, this is both a conception of ‘substantive inequality‘ and discrimination. First, the paper outlines the philosophical picture of...
Student Ability, Tracking and Discrimination
Over the years, the concept of discrimination and the legal doctrines that protect it, have widened and additional classifications and actions have been recognized as constituting discrimination. This paper explores yet another new category, student ability, and argues that tracking students according to their ability is discriminatory. The analysis in the paper is both philosophical...
Why and When Irrational and Arbitrary Distinctions are Discrimination
While some scholars explain why arguments that limit the scope of discrimination to the classic grounds of race, gender, and so on, are not convincing, none of them establishes a positive argument as to why and when we should consider irrelevant distinctions that are not based on the classic grounds as discrimination. This paper explains...