Beyond Individual Complaints: The Advantages of Positive Duties on the State in Equality and Anti-Discrimination Law
Introduction Traditionally, anti-discrimination law has relied on a complaints-led model to redress discrimination. This model requires the victim to identify an act of discrimination and take it to an adjudicatory body to attract a compensatory remedy. On the other hand, a competing emergent model for remedies is that of positive duties on the state to redress discrimination. Positive duties are proactive rather than reactive, aiming to identify and redress unlawful discrim
Jwalika Balaji
6 hours ago