Definition of

Positive discrimination

Socioeconomic differences

Positive discrimination seeks to minimize socioeconomic inequality.

Positive discrimination is support or assistance that is granted to a social group that is usually a victim of inequality . Through this type of measures, the aim is to mitigate or reverse the situation.

Before moving forward, it is important to analyze the terms that make up the concept. Discrimination is the act and consequence of discriminating: treating an individual or a social group unequally. Positive , meanwhile, is a notion with several uses: it can refer to that which is affirmative or beneficial.

Typically, inequality in treatment is considered negative or harmful. In this case, however, said lack of equality is accepted as a mechanism that allows correcting a social problem that has historical or cultural roots.

Characteristics of positive discrimination

To understand what positive discrimination is and why in certain cases it is necessary, several issues must be taken into account. A key aspect is equality of opportunity : all people are expected to have the same opportunities for development, regardless of their gender, ethnicity , racial origin, sexual orientation, religion, etc.

However, for this equality of opportunities to exist, all human beings should start from the same place or have the same origin . Since that is not happening, inclusive policies and government initiatives that contribute to social justice are needed.

When there is recognition of a social disadvantage , with systematic discrimination against disadvantaged groups, action must be taken to correct it. The idea of ​​positive discrimination then arises, which grants specific benefits to the affected communities.

It should be noted, in this framework, that positive discrimination does not imply granting privileges . The nature of these actions is based on mitigating an unfair situation: in other words, it can be said that they aim to compensate for negative discrimination.

In summary, positive discrimination is born as a response to a situation of disadvantage, trying to repair it . Its purpose is to rectify a starting point that is not natural and that reflects an inequality.

Men and women

Gender equality is a frequent objective of positive discrimination.

Your benefits

As we already indicated, positive discrimination is an instrument that allows us to provide equity . It is aimed at minorities or social groups that, over time, suffered negative discrimination.

To correct injustice, therefore, positive discrimination can establish quotas or appeal to other resources that build parity , such as generating a certain legal protection. Thus, combating historical inequality, it contributes to the empowerment of traditionally neglected or disadvantaged sectors .

With positive discrimination there is preferential treatment in access to services or extraordinary protection . But that is not a privilege, but rather a palliative of a socially unjust fact.

The benefits of positive discrimination, in short, consist of the contribution to the development of a more just society and the revaluation of groups usually affected by the prevailing conditions.

Legislation

It is common for positive discrimination to be reflected in legislation.

Examples of positive discrimination

As we already mentioned, positive discrimination often consists of setting quotas to guarantee the representation of a group. In the workplace, quotas can be determined that require hiring transgender individuals or people with disabilities to promote labor inclusion.

In the United States , for example, there is what is known as affirmative action in university admissions . Through different initiatives, the aim is to encourage the entry into institutions of Latino and black students, who historically face numerous problems in pursuing higher education. Despite this, there were adverse court rulings that invalidated positive discrimination.

Something similar is promoted by the US Department of Labor , which promotes dissemination campaigns and training programs so that companies hire "qualified minorities" .

In Argentina , on the other hand, Law 27,412 has been in force since 2017 , protecting gender parity in political representation. In this way, the Electoral Code requires that women and men be included in the lists of candidates for national deputies and senators.

The criticisms

It cannot be omitted to mention that positive discrimination is often the subject of criticism, especially in the most reactionary and conservative sectors. In this way, it is frequently mentioned that it is still discrimination , with which there are sectors that are harmed by it.

On the other hand, there are those who maintain that positive discrimination undermines the recognition of individual merits . If a person accesses a job solely because of their gender identity , their ability is not rewarded, and the measure may even harm someone with a higher level of education or more professional experience.

Similarly, quotas and extraordinary protections can lower standards of performance and accountability . On the other hand, although it seeks to assist groups that suffer from social injustice, its protectionism in a certain way reinforces stereotypes and prejudices.

Of course, this type of position does not take into account the aforementioned unequal starting point. If it is not considered that equal opportunities do not exist, positive discrimination has no justification. On the contrary, when it is recognized that a person has difficulties accessing a position or obtaining the same as others simply because of their gender, their ethnicity or their religion, finding mechanisms to assist them becomes a moral obligation and a political responsibility .

A common example that reflects the importance of positive discrimination is the following: suppose two people try to look over a 2-meter-high wall. One of them measures 1.75 meters ; the other, 1.50 . If both are given the same bench so that they can climb on it and thus overcome the obstacle, the taller one will have achieved the objective, but the shorter one will still not see anything. For this reason, equal assistance continues to be unfair and does not allow us to resolve inequality of origin.

Those who defend positive discrimination often express that, in an ideal world, their measures should not be necessary. But in today's society, with its historical journey, they are essential to protect civil rights of groups harmed by social conditions .