Difference between revisions of "The law prescribes special measures (e.g. affirmative action) in order to overcome labour discrimination of groups disadvantaged in terms of ethnic/racial backgrounds (WoL, V2)"

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#REDIRECT [[Law provides regulation of special measures concerning ethnicity/race (WoL, V2)]]
|datatype=Numeric
 
|scale=Metric
 
|scale=Metric
 
|scale=Metric
 
|valuelabels=not applicable
 
|techname=labor_discr_special_rac
 
|category=Labour and labour market
 
|label=Law provides regulation of special measures concerning ethnicity/race
 
|relatedindicators=<ul>
 
<li>[[Law provides for equal access to employment for men and women]]</li>
 
<li>[[Law provides for equal working conditions for men and women]]</li>
 
<li>[[Law prescribes special measures for women]]</li>
 
<li>[[Law provides for equal access to employment concerning ethnicity/race]]</li>
 
<li>[[Law provides for equal working conditions concerning ethnicity/race]]</li>
 
<li>[[Equal pay for work of equal value is legally provided for]]</li>
 
<li>[[Employees enjoy right to a universal minimum wage]]</li>
 
</ul>
 
|description=Measures the presence and strength of regulation to enable and mandate the active equalisation of historically racially or ethnically disadvantaged groups.<br>
 
The discrimination of people of other skin colours and ascribed ‘races’, which developed historically in the context of slavery and servitude, particularly in connection with the introduction of capitalist structures in Europe and the Americas, has resulted in persistent socio-economic inequality in many parts of the world, including corresponding disadvantages in labour markets. To counteract the perpetuation of these socially embedded structures of inequality, a wide range of special measures is also used here (see [[Law prescribes special measures for women]]). 
 
As early as 1996, the ILO defined special measures as follows: ‘These programmes of corrective measures are, in most cases, well defined and multi-faceted: whether they are presented as positive discrimination programmes in favour of certain categories of specially disadvantaged workers, or as practical activities, in particular in the area of training and education, or in the form of some other pragmatic solution, they are an offshoot of the realisation that the prohibition of discrimination is not enough to make it disappear in practice, even if the prescriptive mechanisms are applied correctly.’
 
The ascribed ‘race’, ethnicity or national origin is not the only factor that can make it more difficult for ethnic, national or racially disadvantaged minorities to access and remain in the labour market. In many cases, these characteristics interact with other factors such as social class, gender, disability, sexual orientation, or other factors. These factors can have an additive effect, but they can also be inextricably linked (intersectional discrimination).  The strength of legal regulations for active equality can therefore be seen from whether only simple equality measures such as special measures for care responsibilities are prescribed, or whether more complex measures such as preferential treatment up to the targeted active combating of multiple, including intersectional, discrimination are prescribed by law. With this variable, it is important to pay close attention to whether ‘race’ and/or ethnic and/or national origin are explicitly listed in the law.<br>
 
The characteristics of racial discrimination and targeted measures against it are discussed in detail in the ILO General Survey on Equality in Employment and Occupation of 1996 , with country examples provided, to which reference is made here.<br>
 
The option or obligation of employers to take special measures (affirmative action) presupposes that there is a prohibition of discrimination regarding race/ethnicity. If it is unequivocal that there is no prohibition of discrimination with regard to race/ethnicity, the value 0 can be assigned for this period and marked green.
 
|codingrules=Equals 1 if the law in employment or other ordinary legislation prescribes special measures (e.g. affirmative action) in order to overcome structural racial/ethnic discrimination, including complex forms of discrimination, in employment relationships; equals 0.5 if the law allows for such special measures to be taken; equals 0 if the law does not allow for such special measures. Scope for further gradations between 0 and 1 to reflect changes in the strength of the law.<br>
 
For detailed coding rules, please consult [https://doi.org/10.26092/elib/4191 Fechner/Carlino 2025].
 
|citation=Fechner, Heiner and Marina Carlino (2025). Worlds of Labour (WoL) Leximetric Dataset. University of Bremen.
 
|relatedpublications=<ul>
 
<li>Mückenberger, Ulrich, 1985. "Die Krise des Normalarbeitsverhältnisses - Hat das Arbeitsrecht noch Zukunft?" ''Zeitschrift für Sozialreform'' 31: 415-434; 457-475
 
</li>
 
<li>
 
Mückenberger, Ulrich, and Simon Deakin. 1989. "From Deregulation to a European Floor of Rights: Labour Law, Flexibilisation and the European Single Market." ''Zeitschrift Für Ausländisches Und Internationales Arbeits- Und Sozialrecht'' 3: 153–207.
 
</li>
 
<li>
 
Carlino, M., Fechner, H., & Schäfer, A. (2024). Using leximetrics for coding legal segmentation in employment law: The development and potential of the Worlds of Labour database. In I. Dingeldey, H. Fechner, & U. Mückenberger (Eds.), Constructing Worlds of Labour. Coverage and Generosity of Labour Law as Outcomes of Regulatory Social Policy. Palgrave Macmillan.
 
</li>
 
</ul>
 
|projectmanagers=<br>Responsible for data coding: Heiner Fechner (2018-2025)
 
<br>Responsible for data editing and entry: Heiner Fechner (2024-2025), Andrea Schäfer (2021-2025), Jean-Yves Gerlitz (2018-2020)
 
<br>Principal Investigators: Irene Dingeldey, Ulrich Mückenberger
 
<br>Student assistants (2018-2025): Julia Bode, Jessica Bonn, Daniel Euler, Maxime Fischer, Jan-Christopher Floren, Jennifer Götte, Désirée Hoppe, Irina Kyburz, Alexandra Kojnow, Tarek Mahmalat, Karolin Meyer, Johanna Nold, Tanusha Pali, Johannes Ramsauer, Max Sudhoff, Kristina Walter, Caroline Zambiasi.
 
|datarelease=<ul><li>Version 0.001: Initial release</li></ul>
 
|revisions=No revisions yet.<br>
 
This is the first version of the dataset of the thoroughly revised Version 2 WoL template; for the first time, all variables including those originally stemming from CBR-LRI have been coded/revised under WoL criteria. A preliminary version with compiled data (CBR-LRI and WoL) has been published in WeSIS marked by "CBR-LRI-based" and "WoL, V1".
 
|sources=Own coding.<br>
 
Fechner, Heiner, and Marina Carlino (2025). Coding Legal Segmentation in Employment Law. The Worlds of Labour (WoL) Dataset. SFB 1342 Technical Paper Series, 22. Bremen: SFB 1342. https://doi.org/10.26092/elib/4191<br>
 
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Latest revision as of 14:40, 15 December 2025