ABSTRACT

This conclusion presents some closing thoughts on the concepts covered in the preceding chapters of this book. The book analyzes affirmative action measures that are very varied in a number of ways, including their legislative basis, the approach adopted, the forms of implementation and the groups that are targeted by these measures. It argues that laws allowing for affirmative action could aim at different conceptions of de facto equality: equality of opportunity or equality of results. After an examination of the jurisprudence of treaty bodies in relation to affirmative action relevant to certain countries, the book analyses the way in which politics in India and China is undermining the legal provision of affirmative action measures and diversity protection and the emerging existential threats. It then looks at affirmative action measures in Brazil for five historically disadvantaged groups: women, Afro-Brazilians, Indians, disabled people and LGBT people. The efficacy of affirmative action measures in Argentina, Chile, Colombia and Peru are also analysed.