The Solutionist
The Solutionist
A useful tool for understanding discrimination and racial profiling is understanding the difference between laws and policies. Policies are made by organizations or individuals in order to operate a corporation or. business. These are instructions on how a company, serves, interacts, or a set of actions to achieve a reasonable, ethical, and legal outcome. Legislation can be a single law or collection of laws made by city officials or government agencies.
To understand racial profiling you must first understand policies, laws and their difference. If an incident occurs in a company or business and you feel like you're being discriminated against, you must first determine what law or policy the person is following that your are interacting with. If you discover. that the business or employee is not following any specific law or policy, then you may be a victim of racial profiling.
Discrimination is when an individual is treated differently based on their race, sex or age. These incidents are difficult to detect, as they can be subtle and not always infringe on your rights,. It is therefore important to demonstrate on how you are being targeted or treated differently, and how it is connected to your race, age or religion.
Human Rights is based on the morals and ethics of a persons country. They protect each citizen with a basic standard of care. Any persons, company or government that treats one citizen differently, may be in violation of the Human Rights code.
IRAC is a legal analogy that can be applied to social justice situations in order to identify any discriminations, human rights violations, identifying laws and policies.
I - ISSUES
State the legal issue(s) to be discussed.
R- RULES
Rule: State the relevant statutes and case law.
A - APPLICATION
Application: Apply the relevant rules to the facts that created the issue.
C - Conclusion
Mediation is the intervention in a dispute in order to obtain a resolution without resulting to civil litigation or criminal prosecution. Litigation is an application to the court by way of civil claim or human rights application. Navigation through the legal system can be challenging without a legal professional. Understanding whether a policy or law has been breached is essential to understanding social justice. It is also important to note, that not all laws or policies are "Just". Researching your issues, prior to making a compliant to a corporation or government are essential in order to frame your investigation, application, or civil claim around the relevant laws, policies or human rights codes that have been breached.
If you have feel that you have been discriminated against by a business or corporation, first research their policies and if they have not followed them, make a formal report with management. This will allow the judge to see the actions you took and the response of the company in determining a breach
If you find yourself being discriminated against by your government or one of their employees, you must first identify what law that you believe to be in breach and research the laws surrounding it and apply it to your situation. If the laws are still prejudicial, then you may want to cross reference human right laws.
One must ensure, that before making a claim or application on a human rights issue, that you research the applicable human rights tests. Governments and corporations have clear legislation on these laws so it best to consult a activist or professional before making such claims.
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