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Study Guide: Affirmative Action: Global Policies and Theoretical Frameworks

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Affirmative Action: Global Policies and Theoretical Frameworks Study Guide

Foundations of Affirmative Action: Definitions, Principles, and Methods

Affirmative action, referred to as 'reservations' in certain national contexts, constitutes a framework of policies intentionally designed to counteract and rectify systemic discrimination.

Answer: True

Explanation: Affirmative action encompasses a range of policies and practices implemented to address systemic discrimination, often referred to by different terms such as 'reservations' in various countries.

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Affirmative action policies exhibit uniformity across all nations, consistently employing identical methodologies such as strict quotas.

Answer: False

Explanation: The implementation and nature of affirmative action policies vary significantly across different countries, with some employing strict quotas while others utilize alternative approaches like 'positive action' without explicit quotas.

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Methods employed in the implementation of affirmative action encompass quotas, scholarships designated for specific demographic groups, and targeted outreach initiatives.

Answer: True

Explanation: Affirmative action policies are enacted through diverse strategies, including the establishment of quotas, the provision of targeted scholarships, and the execution of specific marketing campaigns to engage underrepresented populations.

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Which of the following best defines affirmative action according to the provided text?

Answer: A set of policies and practices aimed at addressing systemic discrimination.

Explanation: Affirmative action is defined as a collection of policies and practices intended to counteract systemic discrimination.

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How does the implementation of affirmative action policies differ across various regions and contexts?

Answer: Some countries employ quotas, while others favor preference or 'positive action' without explicit quotas.

Explanation: The application of affirmative action varies globally; some jurisdictions mandate quotas, while others implement preferential treatment or 'positive action' strategies that do not involve strict quotas.

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Which of the following is mentioned as a method for implementing affirmative action?

Answer: Relaxation of selection criteria for target audiences.

Explanation: Affirmative action can be implemented through various means, including the adjustment or relaxation of selection criteria for specific target groups.

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Arguments, Critiques, and Public Opinion on Affirmative Action

Supporters of affirmative action primarily argue that it serves to bridge existing inequalities in employment and enhance access to educational opportunities.

Answer: True

Explanation: A principal argument advanced by proponents of affirmative action is its capacity to mitigate disparities in employment and educational access, thereby fostering greater social equity.

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Opponents of affirmative action contend that it may disadvantage less fortunate individuals belonging to majority demographic groups.

Answer: True

Explanation: A significant critique leveled against affirmative action by its detractors is the potential for it to create disadvantages for members of majority groups who may be less socioeconomically advantaged than some members of minority groups.

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Richard Sander's research suggested that affirmative action in US law schools might elevate the probability of Black students failing bar examinations.

Answer: True

Explanation: Richard Sander's research indicated a potential link between affirmative action in law schools and an increased likelihood of Black students failing bar exams, possibly due to academic mismatch.

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Critics Ian Ayres and Richard Brooks argued that the elimination of affirmative action would substantially reduce the number of Black lawyers.

Answer: True

Explanation: Ian Ayres and Richard Brooks contended that removing affirmative action policies would lead to a significant decrease in the number of Black individuals practicing law.

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A 2005 USA Today poll indicated that the majority of Americans favored affirmative action for minority groups but opposed it for women.

Answer: False

Explanation: The 2005 USA Today poll revealed that a majority of Americans supported affirmative action for women, while opinions regarding minority groups were more divided.

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Support for racial affirmative action among Black Americans in a 2005 Gallup poll was notably higher than among White Americans.

Answer: True

Explanation: A 2005 Gallup poll indicated significantly higher support for racial affirmative action among Black Americans (72%) compared to White Americans (44%).

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A 2009 Quinnipiac poll found that a majority of Americans endorsed affirmative action for homosexual individuals.

Answer: False

Explanation: The 2009 Quinnipiac poll indicated that a majority of Americans opposed affirmative action for homosexuals, while supporting it for people with disabilities.

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A 2014 Pew Research poll indicated that a majority of Americans considered affirmative action for increasing minority representation on college campuses to be 'a good thing.'

Answer: True

Explanation: According to a 2014 Pew Research Center poll, 63% of Americans viewed affirmative action aimed at enhancing minority representation in higher education as beneficial.

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A 2019 Pew Research poll suggested that a substantial majority of Americans believed race or ethnicity should be a factor in college admissions.

Answer: False

Explanation: A 2019 Pew Research poll found that a large majority (73%) of Americans believed race or ethnicity should *not* be a factor in college admissions.

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The UN Human Rights Committee interprets equality as potentially necessitating temporary affirmative action to achieve factual equality.

Answer: True

Explanation: The UN Human Rights Committee posits that the principle of equality may require states to implement temporary affirmative action measures to rectify conditions that perpetuate discrimination and achieve substantive equality.

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Proponents assert that affirmative action aims to establish societal equality by addressing historical disadvantages and fostering diversity.

Answer: True

Explanation: Advocates argue that affirmative action is a tool for achieving societal equality through the remediation of historical inequities and the promotion of diversity.

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Critics contend that affirmative action impedes reconciliation and may substitute old injustices with new ones.

Answer: True

Explanation: Opponents argue that affirmative action can hinder societal reconciliation and potentially create new forms of injustice by replacing historical wrongs.

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A 2017 study estimated that temporary federal affirmative action regulation in the US resulted in a decrease in the Black share of employees.

Answer: False

Explanation: A 2017 study estimated that temporary federal affirmative action regulation in the US actually increased the Black share of employees, and this share continued to grow even after deregulation.

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The 'strong-basis-in-evidence' standard necessitates proof of disadvantage prior to the implementation of positive action measures.

Answer: True

Explanation: The 'strong-basis-in-evidence' standard requires demonstrable evidence of disadvantage or under-representation within specific groups before affirmative action or positive action measures can be legally implemented.

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According to supporters, what is a primary goal of implementing affirmative action policies?

Answer: To increase access to education and promote diversity and social equity.

Explanation: Supporters advocate for affirmative action as a means to enhance educational access, foster diversity, and promote social equity.

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Which argument is made by opponents of affirmative action?

Answer: It exclusively benefits the most privileged members of minority groups.

Explanation: A key criticism from opponents is that affirmative action may disproportionately benefit the most privileged individuals within minority groups, potentially overlooking less advantaged members of majority groups.

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What did Richard Sander's research suggest about the impact of affirmative action on Black law school graduates in the US?

Answer: It increased the likelihood of dropping out and failing bar exams due to mismatching.

Explanation: Richard Sander's research suggested that affirmative action might increase the probability of Black law school graduates dropping out or failing bar exams due to academic mismatch.

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What did a 2005 USA Today poll reveal about American public opinion on affirmative action?

Answer: Majority supported it for women, but opinions on minorities were divided.

Explanation: A 2005 USA Today poll indicated majority support for affirmative action concerning women, while public opinion regarding its application to minority groups was more divided.

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According to a 2019 Pew Research poll, what percentage of Americans believed race or ethnicity should NOT be a factor in college admissions?

Answer: 73%

Explanation: A 2019 Pew Research poll found that 73% of Americans believed that race or ethnicity should not be considered in college admissions decisions.

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How does the United Nations Human Rights Committee interpret the principle of equality in relation to affirmative action?

Answer: Equality may require temporary affirmative action to achieve factual equality.

Explanation: The UN Human Rights Committee interprets equality to potentially necessitate temporary affirmative action measures aimed at achieving substantive or factual equality for disadvantaged groups.

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Which of the following is cited as a criticism of affirmative action by opponents?

Answer: It hinders reconciliation and can replace old wrongs with new ones.

Explanation: Opponents frequently criticize affirmative action for potentially impeding societal reconciliation and substituting historical injustices with new forms of inequity.

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What did a 2017 study on temporary federal affirmative action regulation in the US estimate?

Answer: It increased the Black share of employees over time.

Explanation: A 2017 study estimated that temporary federal affirmative action regulations in the US led to an increase in the proportion of Black employees, a trend that persisted even after deregulation.

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International Applications: North America and Europe

European 'positive action' typically involves encouraging underrepresented groups without mandating explicit quotas.

Answer: True

Explanation: In European contexts, 'positive action' generally focuses on proactive measures to encourage participation from underrepresented groups, often without the imposition of rigid quotas.

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The European Union mandated that by June 2026, 40% of non-executive director positions in listed companies must be occupied by individuals of the underrepresented sex.

Answer: True

Explanation: A directive from the European Union sets a target that by June 2026, at least 40% of non-executive director positions in listed companies must be held by members of the underrepresented sex.

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In Denmark, Greenlanders are admitted to higher education solely based on meeting standard grade averages.

Answer: False

Explanation: Denmark provides specific advantages for Greenlanders seeking higher education, allowing admission based on criteria beyond standard grade averages, such as a minimum grade average of 6.0 and residency in Greenland.

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Finland employs quotas for Swedish language speakers in university programs to ensure a sufficient supply of bilingual professionals.

Answer: True

Explanation: Certain Finnish university programs utilize quotas for Swedish language speakers to guarantee an adequate number of professionals proficient in Swedish to meet national requirements.

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France prohibits all forms of affirmative action, including those based on socioeconomic status or neighborhood.

Answer: False

Explanation: While France prohibits distinctions based on race or religion, it does implement affirmative action measures based on factors such as neighborhood and socioeconomic status, particularly through initiatives like 'Priority Education Zones'.

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Germany's Basic Law permits preferential hiring for women and disabled individuals only if they are demonstrably more qualified than other candidates.

Answer: False

Explanation: German law allows for preferential hiring of women and disabled individuals when their qualifications are equal to those of other candidates, aiming to promote diversity and address underrepresentation.

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Norwegian public stock companies must ensure that at least 40% of their boards are composed of men.

Answer: False

Explanation: Norwegian regulations require public stock companies to ensure at least 40% of their boards are composed of either gender, promoting gender balance rather than exclusively men.

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Serbia's Constitution permits 'special measures' as affirmative action, including more favorable enrollment conditions in public schools for the Roma minority.

Answer: True

Explanation: The Serbian Constitution allows for the implementation of 'special measures' as affirmative action, which can include providing preferential enrollment conditions in public educational institutions for minority groups like the Roma.

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Slovakia's Constitutional Court ruled that affirmative action, defined as advantages for minority groups, is constitutional.

Answer: False

Explanation: The Constitutional Court of Slovakia ruled in 2005 that affirmative action, when defined as providing advantages to ethnic or racial minority groups, is unconstitutional.

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Section 15 of the Canadian Charter of Rights and Freedoms explicitly permits affirmative action programs aimed at ameliorating conditions for disadvantaged groups.

Answer: True

Explanation: Subsection 2 of Section 15 of the Canadian Charter of Rights and Freedoms explicitly allows for laws, programs, or activities designed to improve the conditions of disadvantaged individuals or groups.

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The Canadian Employment Equity Act mandates preferential treatment for women, persons with disabilities, Aboriginal peoples, and visible minorities in federally regulated industries.

Answer: True

Explanation: The Canadian Employment Equity Act requires employers under federal jurisdiction to implement measures that promote the representation of four designated groups: women, persons with disabilities, Aboriginal peoples, and visible minorities.

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The '50:50' measure for the Police Service of Northern Ireland aims to ensure equal representation from Protestant and Catholic communities.

Answer: True

Explanation: The '50:50' recruitment strategy for the Police Service of Northern Ireland was established to achieve balanced representation between the Catholic and Protestant communities.

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How does 'positive action' in Europe generally differ from some US affirmative action approaches?

Answer: It is described as 'color blind' and encourages participation without explicit quotas.

Explanation: 'Positive action' in Europe typically emphasizes encouragement and outreach without mandating explicit quotas, often adopting a 'color blind' approach, which contrasts with some US affirmative action strategies.

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By June 2026, what percentage of non-executive director positions must be held by members of the underrepresented sex in EU listed companies, according to the directive?

Answer: 40%

Explanation: The European Union directive mandates that by June 2026, at least 40% of non-executive director positions in listed companies must be filled by members of the underrepresented sex.

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How does Denmark provide advantages to Greenlanders in higher education?

Answer: By fulfilling specific criteria like a grade average over 6.0 and residency in Greenland.

Explanation: Danish higher education institutions offer Greenlanders admission based on specific criteria, such as a grade average exceeding 6.0 and documented residency in Greenland, potentially bypassing standard grade requirements.

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What is the purpose of quotas for Swedish language speakers in Finnish university programs?

Answer: To guarantee a sufficient supply of professionals skilled in Swedish.

Explanation: Quotas for Swedish language speakers in Finnish universities are designed to ensure an adequate number of professionals possess the necessary Swedish language proficiency to serve the nation's needs.

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What is the basis for affirmative action in France, particularly concerning disadvantaged schools?

Answer: Neighborhood and socioeconomic status ('Priority Education Zones').

Explanation: In France, affirmative action measures, particularly in education, are often based on geographical location and socioeconomic factors, such as those residing in 'Priority Education Zones'.

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In Germany, when are women or disabled individuals typically given preference in hiring?

Answer: If their qualifications are equal to other candidates.

Explanation: German law permits preferential hiring for women and disabled individuals when their qualifications are assessed as equal to those of other candidates, promoting diversity and inclusion.

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What is the gender quota requirement for public stock company boards in Norway?

Answer: At least 40% of either gender.

Explanation: Norwegian regulations mandate that public stock company boards must comprise at least 40% representation from either gender, aiming for balanced gender composition.

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How does Serbia's Constitution address affirmative action for marginalized groups like the Roma?

Answer: It allows for 'special measures' to provide more favorable conditions.

Explanation: Serbia's Constitution permits the use of 'special measures' as affirmative action, including the provision of more favorable enrollment conditions in public schools for minority groups such as the Roma.

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What was the ruling by Slovakia's Constitutional Court regarding affirmative action providing advantages to ethnic or racial minority groups?

Answer: It declared such actions unconstitutional.

Explanation: Slovakia's Constitutional Court ruled that affirmative action, defined as granting advantages to ethnic or racial minority groups, was unconstitutional.

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Under the UK's Equality Act 2010, what is permitted as 'positive action'?

Answer: Considering group membership as a 'tie-breaker' between equally qualified candidates if disadvantage is reasonably believed.

Explanation: The UK's Equality Act 2010 permits 'positive action' where an employer may use group membership as a tie-breaker between equally qualified candidates if there is reasonable belief of disadvantage or under-representation.

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How does Section 15(2) of the Canadian Charter of Rights and Freedoms address affirmative action?

Answer: It allows for laws and programs aimed at ameliorating conditions of disadvantaged groups.

Explanation: Section 15(2) of the Canadian Charter of Rights and Freedoms explicitly permits affirmative action by allowing laws and programs designed to improve the conditions of disadvantaged groups.

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What is the main goal of the Canadian Employment Equity Act?

Answer: To promote the representation of four designated groups in the workforce.

Explanation: The primary objective of the Canadian Employment Equity Act is to enhance the workforce representation of four specific designated groups: women, persons with disabilities, Aboriginal peoples, and visible minorities.

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What is the purpose of the '50:50' recruitment measure for the Police Service of Northern Ireland?

Answer: To achieve equal representation from Catholic and Protestant communities.

Explanation: The '50:50' measure for the Police Service of Northern Ireland aims to ensure parity in representation between the Catholic and Protestant communities.

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International Applications: Asia, Africa, and Oceania

South Africa's apartheid system (1948-1974) reserved skilled employment exclusively for Black individuals as a measure to address historical imbalances.

Answer: False

Explanation: During the apartheid era in South Africa, skilled jobs were predominantly reserved for White individuals, not Black individuals, as a mechanism to maintain racial hierarchy and privilege.

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South Africa's post-apartheid legislation, such as the Employment Equity Act, is designed to address historical economic disparities.

Answer: True

Explanation: Post-apartheid legislation in South Africa, exemplified by the Employment Equity Act, aims to rectify historical economic and social imbalances by promoting the inclusion of previously disenfranchised groups.

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Proponents of South African affirmative action legislation focus exclusively on the redistribution of existing wealth.

Answer: False

Explanation: While wealth redistribution is a component, proponents of South African affirmative action legislation also emphasize broader goals such as promoting economic growth and ensuring equitable access to societal benefits.

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China implements affirmative action in its educational system by reducing the minimum score requirements for the National University Entrance Examination for minority nationalities.

Answer: True

Explanation: In China, affirmative action measures for minority nationalities in education include adjustments to the National University Entrance Examination, such as lowered minimum score thresholds to facilitate university admission.

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Israel's civil service affirmative action policies primarily benefit Jewish citizens while excluding women and Arab populations.

Answer: False

Explanation: Israel's civil service affirmative action policies are designed to support citizens who are women, Arabs, Black individuals, and people with disabilities, not to exclude them.

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India's constitution permits up to 50% of government higher education admissions and job vacancies to be reserved for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

Answer: True

Explanation: The constitutional framework of India allows for reservations, up to a maximum of 50%, in government higher education and employment for designated groups, including Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

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Indonesia's affirmative action programs for native Papuans have been universally lauded for their efficacy and transparency.

Answer: False

Explanation: While Indonesia has affirmative action programs for native Papuans, they have faced criticisms regarding insufficient quotas and alleged corruption, rather than universal praise.

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The Malaysian New Economic Policy (NEP) aimed to reduce poverty and foster the development of a middle class among the Bumiputera population.

Answer: True

Explanation: Introduced in Malaysia, the New Economic Policy (NEP) sought to address socioeconomic imbalances by reducing poverty and cultivating a middle class within the Bumiputera community.

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Taiwanese firms employing over 100 individuals are mandated by law to hire a minimum of 1% Taiwanese aborigines.

Answer: True

Explanation: Taiwanese legislation requires firms with more than 100 employees to ensure that at least 1% of their workforce comprises Taiwanese aborigines.

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Article 2.2 of the ICERD stipulates that affirmative action programs should be permanent fixtures, irrespective of achieved objectives.

Answer: False

Explanation: Article 2.2 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) specifies that affirmative action programs should not be maintained once their objectives have been met.

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Under South Africa's apartheid government (1948-1974), who primarily benefited from reserved skilled jobs?

Answer: White people, particularly Afrikaner-owned companies

Explanation: During the apartheid regime, skilled employment opportunities were predominantly reserved for White individuals, reinforcing the existing racial hierarchy.

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What is the primary aim of South Africa's post-apartheid affirmative action legislation like the Employment Equity Act?

Answer: To address historical disparities by employing previously disenfranchised groups.

Explanation: South Africa's post-apartheid affirmative action laws, such as the Employment Equity Act, are designed to rectify historical inequities by ensuring greater representation for groups previously excluded from opportunities.

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According to proponents, what is a key goal of South African affirmative action legislation beyond wealth redistribution?

Answer: Restoring equal access to societal benefits and promoting economic growth.

Explanation: Proponents view South African affirmative action as crucial for restoring equitable access to societal benefits and stimulating economic growth, in addition to addressing historical wealth disparities.

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How does China implement affirmative action for minority nationalities in education?

Answer: By lowering minimum requirements for the National University Entrance Examination.

Explanation: China's affirmative action in education for minority nationalities includes measures such as reducing the minimum score requirements for the National University Entrance Examination.

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Which groups are supported by affirmative action policies in Israel's civil service employment?

Answer: Women, Arabs, Black individuals, and people with disabilities.

Explanation: Affirmative action policies in Israel's civil service extend support to citizens who are women, Arabs, Black individuals, and individuals with disabilities.

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What percentage of government higher education admissions and job vacancies can be reserved for SC/ST and OBC groups in India?

Answer: Up to 50%

Explanation: India's constitution permits reservations of up to 50% in government higher education admissions and job vacancies for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

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What criticisms have been leveled against Indonesia's affirmative action programs for native Papuans?

Answer: They have led to widespread corruption and insufficient quotas.

Explanation: Indonesia's affirmative action programs for native Papuans have faced criticism concerning issues such as inadequate quota fulfillment and alleged corruption.

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What was the primary aim of Malaysia's New Economic Policy (NEP) introduced after 1969?

Answer: To reduce poverty and create a middle class among the Bumiputera population.

Explanation: The Malaysian New Economic Policy (NEP) was designed to alleviate poverty and foster the development of a middle class within the Bumiputera community.

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What specific requirement does Taiwan have for firms competing for government contracts regarding Taiwanese aborigines?

Answer: Employ at least 1% Taiwanese aborigines if they have 100+ employees.

Explanation: Taiwanese firms with over 100 employees are legally obligated to employ a minimum of 1% Taiwanese aborigines to be eligible for government contracts.

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What does Article 2.2 of the International Convention on the Elimination of All Forms of Racial Discrimination stipulate regarding the duration of affirmative action programs?

Answer: They should not be maintained once their objectives are achieved.

Explanation: Article 2.2 of the ICERD states that special temporary measures, such as affirmative action, should cease once their objectives of correcting discrimination have been met.

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