Editorial
| Date | 01 September 2019 |
| DOI | 10.1177/1358229120910282 |
| Published date | 01 September 2019 |
| Subject Matter | Editorial |
Editorial
Welcome to this issue of the International Journal of Discrimination and the Law which
consists of three rich and thought-provoking articles offering insights and critiques of the
laws of three very different jurisdictions, yet which share a common theme: who should
anti-discrimination law protect? The use of individual or group identity as a means of
achieving equality has always been questionable. Which specific identities or charac-
teristics should such an approach include and exclude? The need to measure or compare
the relevant treatment or behaviour received or experienced on the grounds of an identity
or characteristic against that received or experienced by those without the identity or
characteristic can itself be problematic. Such an approach necessitates the development
of a standard or normative model as a means of providing a paradigm against which all
else is measured or compared. This can have the effect of ‘othering’ or excluding
those who do not – or cannot – conform to the paradigm created which may represent
a fictive ideal.
To overcome such difficulties, we need to discern the purpose of anti-discrimination
law. Rather than merely constructing unrealistic normative models based on unachie-
vable standards that serve to exclude, should the law not be aimed more explicitly at the
achievement of inclusive social justice which takes account of the impact and influence
of contemporary social relationships an d institutions? The use of personal or group
identity, although useful as a means of proving, measuring or monitoring discrimination,
has limited capacity for advancing equality between different groups and, thus, cannot
on its own be used as a means of achieving social justice. Nonetheless, it is the approach
on which most anti-discrimination laws are based. If it is to be even ostensibly aligned
with the goal of social justice, such an identity-based approach should, at the very least,
be capable of flexibility in interpretation and adaption in line with social progress whilst
remaining of sufficient robustness to provide the necessary degree of protection against
individual discriminatory acts.
In his article ‘Protecting the Right to Freedom From Discrimination in Zambia:
Understanding the Constitutional and Legislative Grounds’, Jamil Mujuzi considers the
constitutional and legislative provisions defining the targets of anti-discrimination pro-
tection under Zambian law. Apart from disability discrimination, which is the subject of
specific provision, the grounds for such protection have been inconsistently interpreted
by the courts leading to a lack of legal certainty for claimants, legal advisers and the
judiciary. As Mujuzi argues, the Zambian constitution offers potentially strong support
for a clear and comprehensive anti-discrimination framework but lacks the necessary
International Journalof
Discrimination and theLaw
2019, Vol. 19(3-4) 153–154
ªThe Author(s) 2020
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DOI: 10.1177/1358229120910282
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