Does Affirmative Action Create Unfair Advantage?

Affirmative action to advance equality is a controversial issue in many countries. Black economic empowerment and employment equity measures have not made much headway in undoing apartheid’s legacy in South Africa and racial criteria in university admissions in the USA have been contested in the courts. At the same time constitutional provisions favouring Bumiputera in Malaysia put members of the group in a privileged position that arguably amounts to discrimination. In Britain, a different but also debated approach is taken – that of “positive duties” – in the new generation of equality legislation.

Are affirmative action measures negatively divisive or are they necessary if we are to achieve equality? If they are necessary, when is the use of such measures justifiable? Are sex, race or disability quotas fair? If not, are there better strategies?

The distinguished panellists will clarify and explore the advantages and disadvantages of affirmative action policies favouring certain disadvantaged groups, as well as the British approach to positive duties. They will also engage in a discussion with the public on this contentious issue.

Panellists

Dr Gay McDougall, Distinguished Scholar-in-Residence at Fordham University School of Law, former UN Independent Expert on Minority Issues
Helen Mountfield QC, Barrister at Matrix Chambers
Judge Kate O’Regan, Judge of the South African Constitutional Court 1994-2009
Dr Dimitrina Petrova, Executive Director of The Equal Rights Trust
Professor Theodore Shaw, Professor of Professional Practice in Law at Columbia University School of Law
Chair

Sir Bob Hepple QC, Chair of The Equal Rights Trust

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