间接歧视的悖论及其破解

The Paradox of Indirect-discrimination and the Way to Decode It

间接歧视产生于一个看似中立的规定、标准或实践,在相似情况下,它将使一类人被置于不利地位。由于其貌似平等,这种歧视有一定的隐蔽性。反间接歧视以追求实质平等为目的,但却可能妨碍效率,同时还可能在优势群体中引起另一种平等诉求,从而产生"反向歧视"之争。问题的关键在于适当划定平等与歧视的界限,并注意把握公平与效率的平衡,合理运用"平权措施"。

Indirect discrimination is taken to occur where an apparently neutral provision, criterion or practice would put some sorts of people at a particular disadvantage compared with other persons. Because it looks equal, this kind of discrimination is covert. Anti-indirect discrimination pursues the substantial equality, but it might impede efficiency. Furthermore it is possible that it would lead to a complaint for equality from the dominant group and bring reverse discrimination. The key to deal with the conflict between indirect discrimination and reverse discrimination is to identify the demarcation, balance justice and efficiency, handle affirmative action rationally.