Affirmative Action in the United States and Positive Action in the EU and Austria – A Comparison

Austrian Law Journal

Kapsar, Marina¹ 

[1] Verfassungsgerichtshof Wien;

关键词: affirmative action;    positive action;    equality;    gender equality;    formal equality;    substantive equality;    equal protection;    discrimination;    austrian constitutional law;    u.s. constitutional law;    eu law;    integrative measures;   

DOI  :  10.25364/01.8:2021.2.5

来源: DOAJ

【 摘 要 】

Equality is a fundamental principle of democratic society. However, equality in law does not automatically mean equality in opportunity and chances. Insofar, affirmative or positive action measures can be used as a tool to promote broader social mobility and to remedy structural inequalities. In the United States, race-based affirmative action measures, especially regarding the admission to institutions of higher education, have been a controversially discussed topic. Also, in the EU and Austria, the extent of the use of positive action measures has not been without controversy. Thus, this article aims at drawing a comparison between affirmative action in the United States and positive action in the EU and Austria, in particular in light of constitutional law and the existing case law.

【 授权许可】

Unknown