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Title: Indirect discrimination, the individual and the gender equality duty
Author: Aps, William John Steven
ISNI:       0000 0004 2718 4014
Awarding Body: University of Leeds
Current Institution: University of Leeds
Date of Award: 2009
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This aim of this thesis is to establish a conceptual link between the Gender Equality Duty (GED) and the mechanism of indirect discrimination. The method employed in this exercise is to reconceptualise the Gender Equality Duty as a technique of government that further reconfigures power relations in decision-making. By encouraging, rather than requiring, a gendered approach to decision-making that involves empirical analyses of target populations, and in making this a requirement of uncertain application, the principle effect of the GED is to create indeterminacy in the public sphere. Moreover, this uncertainty surrounds the operation not simply as a negative duty, but as a positive duty to act. This work looks at the relationship between the two methods of addressing discrimination, based upon the locating the individual within the UK equalities framework. The method is to subject the GED to a Foucaultian analysis of govemmentality and power relations. It is suggested that this methodology opens up the possibilities for a new conception of the GED which, further, has implications for indirect discrimination law. The main implication of the interaction between indirect discrimination and the GED is their mutual support based upon the indeterminacy of the GED's extent of application. Further, the interplay between the two legislative provisions gives rise to questions of the conceptualisation of indirect discrimination as a mechanism of impact.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available