Exploring positive action from a legal perspective in EU and non-EU countries
Bell, M. Waddington, L. Archibong, Uduak E.
Bell, M.
Waddington, L.
Archibong, Uduak E.
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2010
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Abstract
Positive action is a highly contested concept and its meaning varies across states. Law plays
a key role in shaping the boundaries of positive action. This paper presents the findings of a comparative
study of law and positive action both inside and outside the European Union. It sets out the approach
to positive action within European Community (EC) law and, based on that, constructs a legal
definition of positive action. It then turns to consider practice at domestic level and uncovers a broad
diversity of approaches. The non-EU comparator countries (USA, Canada and South Africa) have
been more willing to impose obligations on public and private bodies to engage in positive action than
have been the EU Member States considered in this study. Notwithstanding the constraints deriving
from EC legislation on positive action measures, there is some evidence of a trend towards duties to
take positive action emerging within the EU Member States.
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Bell M, Waddington L and Archibong U (2010) Exploring Positive Action from a Legal Perspective in EU and non-EU Countries. International Journal of Diversity in Organisations, Communities and Nations. 9(6): 43-54.
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