Institutional Discrimination

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In political theory, institutional discrimination is a term used to describe social phenomena that are both discriminatory and institutional in character. It is understood as the result of organizational action in a network of social institutions.

Institutional discrimination must be distinguished from other forms of discrimination, such as structural discrimination .

Definition and demarcation from other levels of discrimination

The distinction between institutional and structural discrimination is inconsistent in the literature. Some authors see indirect forms of discrimination as structural. According to Gomolla, institutional discrimination describes disadvantage and exclusion at the level of organizations, while structural discrimination at the level of overall social structures. The basic idea behind institutional discrimination lies in the fact that its mechanisms can also be effective independently of individual actions or conscious negative intentions: Institutional discrimination is not primarily the sum of the discriminatory actions of individuals who represent the institution. The potential place of institutional discrimination is identified on the one hand in the formal rights, the organizational structures and programs (direct institutional discrimination), on the other hand also in the "gray areas of organizational action" and the unwritten rules and routines of institutions (indirect institutional discrimination). It can therefore not always be observed directly. These mechanisms have an indirect or subtle effect and are often not perceived by people - including those affected - or only perceived late, for example because they are taken for granted. However, Gomolla also points out that structural and institutional discrimination are often linked in practice.

An exclusive focus on institutional discrimination, according to Gomolla, there is a risk that complex, overall structural but also individual elements of discrimination would be neglected as explanations. Addressing discrimination would only be delegated at the level of individual organizations and overlaps between sectors, but also personal responsibility would be ignored.

Conceptual history: institutional racism

Historically, the term institutional discrimination goes back to the discussion of institutional racism in the USA and Great Britain .

The term was first introduced by Stokely Carmichael and Charles Hamilton in 1967. The Black Power activists went to describe it to how the interests and attitudes, white 'majority in the institutions incorporated was. They showed, among other things, that the increased infant mortality among blacks at the time is due to a chain of structural poverty, nutritional deficiencies, inadequate medical care and the emergence of ethnically segregated ghettos.

The term in the Macpherson Report

Since racism is a form of discrimination, the debates on institutional racism in the Macpherson report can also be helpful in redefining institutional discrimination. The reason for the report, which was published as The Stephen-Lawrence-Inquiry (Macpherson 1999), was the murder of Stephen Lawrence, a 'black' young man, in London by several 'white' young men at a bus stop in London. The perpetrators were not caught and there were massive protests against the negligent investigative activities of the British police. An investigation into the investigation was ordered by Parliament and in February 1999 the Macpherson Report was submitted to Parliament.

In the Macpherson Report, institutional racism is defined as the “collective failure of an organization to provide adequate and professional services to individuals because of their skin color, culture or ethnic origin. This can be seen or noted in developments. Disparaging attitudes and behavior contribute to the discrimination and disadvantage of people belonging to ethnic minorities. This is done unknowingly through prejudice, ignorance, thoughtlessness and racist stereotyping. ”What is noteworthy about this definition is that not only openly discriminatory / racist acts are named as such, but that the collective actions of institutional employees against ethnic minorities are brought into the center of attention. If there are generally disadvantageous and unprofessional practices towards members of the minority, according to this definition it is institutional racism. Macpherson's definition needs to be supplemented on a number of points: Discrimination can occur not only unintentionally and unconsciously, but also through conscious, knowledgeable exclusion, prejudice and ignorance. The collective failure does not occur because of 'skin color', 'culture' or 'ethnic origin', but because of the construction and devaluation of groups and the actions associated with them.

Conceptual history in Germany

According to Mechthild Gomolla, dealing with - especially racially motivated - discrimination was initially taboo in both the Federal Republic and the GDR and was only discussed around 1990 when attempts were made to translate explanations from the Anglo-American context. The focus of the debate was on the increase in xenophobic attacks against foreigners, the gain in political influence from right-wing extremist parties, restrictions in asylum law and the apparent educational gaps along ethnic dividing lines. In the late 2000s, the conscious discussion of institutional discrimination established itself, among other things through the passage of the Equal Treatment Act and the growing demand for intercultural opening of institutions.

Additions to the term after Claus Melter

The aim of anti-discrimination can not only be disregarding the 'skin color', but also a change in the classification patterns, ascriptions and evaluations aimed at certain skin colors and physiognomies , and the associated acts and mechanisms of exclusion. In addition, discrimination can occur not only through the unprofessional behavior of employees, but also through the professional implementation of discriminatory laws, decrees, ordinances and (access) rules. It also remains unclear under which criteria institutional employees repeatedly exerted acts of exclusion towards “ethnicized” or “racialized” persons can be described as collective.

From this point of view, Claus Melter proposes a new definition of institutional racism: “Institutional racism in Germany is exercised by institutions / organizations (through laws, decrees, ordinances and access rules as well as working methods, procedural rules and processes) or by employees of the institutions / organizations systematically or permitted, marginalizing, discriminatory or inappropriate and thus unprofessional action against ethnicized, racialized, culturalized persons or members of religious groups as well as against so defined 'non-Germans' or non-Christians. "

Examples

Institutional discrimination can take place in the education and training sector , the labor market , housing and urban development policy, the health system and the police . Gomolla classifies the "exception of children with an unclear legal residence status from compulsory schooling in the education laws of some German federal states" in the area of ​​institutional discrimination, as well as the sublime, systematic "routing" of minorities on the housing market or the disadvantage of loans due to the location as an indirect form of institutional discrimination.

Lisa Britz speaks of institutional discrimination when it comes to the early division in the German school system . This term does not explain, for example, the poorer performance of students from immigrant families as deliberate disadvantage by the teaching staff. Rather, it is paraphrased that the school as an organization has the possibility of differentiating its students according to the criterion of “ethnic affiliation”. Due to the multi-tier structure of the education system, teachers would be advised to make decisions that have an objectively discriminatory effect, even though they are based on good intentions.

A state compulsion (until 2013 in Germany) to specify gender as male or female in birth documents discriminates against the intersex minority - with often serious consequences.

The restriction of some church offices to certain groups of people (e.g. only men, even only unmarried people) can be seen as discrimination, depending on the assessment of the conclusiveness of the reasons given for such a selection.

Economic Discrimination

An essential component of institutional discrimination is economic discrimination . Individuals are then considered to be economically discriminated "if they are confronted with consideration in economic transactions that are measured by personal characteristics that are not directly related to the performance ". Economic discrimination takes place in particular on the labor market, the credit market, the insurance market and the housing market and is often expressed in wage and income discrimination .

Meaning of intersections

In the simplest case, institutional discrimination means disadvantage in the institutional context due to a certain characteristic. However, if this one characteristic interacts with other characteristics of the bearer of the characteristic, this can lead to clashes with other types of discrimination. The resulting overlap then forms a new, possibly rather unusual form of discrimination. Such overlaps of different types of discrimination are called intersections . Strange dynamics can emerge from them, which makes it difficult to record discrimination and to delimit its various forms.

The sociologist Cátia Candeias, for example, pointed out that the ethnic discrimination, which she recorded in the course of her study and initially regarded as primarily institutional, took different forms depending on gender. The interaction of the characteristics of ethnic origin and gender causes ethnic and sexist discrimination effects at the same time, with ethnic discrimination being understood as an institutionally conditioned and sexual discrimination as an interpersonal phenomenon. Such overlaps of different forms of discrimination ( intersectionality ) explain Candeia's findings: Basically, both genders experience both forms of discrimination - albeit to different degrees. The discrimination that women experience is more of an interpersonal nature in the case of strong sexist influences. The sexist influences thus prevail over the effects of ethnic discrimination. Men, on the other hand, hardly suffer from sexism, which is why intersectionality is negligible. One can then expect an almost unchanged picture, mainly institutional discrimination.

Role of the state

In many countries, protection against unjustified discrimination is an important task of the state. Laws are intended to help prevent such discrimination.

European law requirements are intended to ensure extensive protection against discrimination, especially in the area of labor law . This applies to disadvantages based on gender and disability, for example. The Federal Republic of Germany has integrated the minimum requirements resulting from these provisions into applicable German law through the General Equal Treatment Act (AGG).

In numerous countries, systematic discrimination against population groups is organized by the state and enshrined in legislation. In this case, a social group hopes to gain advantages from such discrimination, or it accepts the disadvantages for the minorities. The discrimination can be active, e.g. B .:

Research methods

Residual method

A common and also legally recognized method of discrimination measurement is the residual method , also known as the method of component decomposition . The residual method distinguishes between discriminatory and non-discriminatory causes of inequality. In this way, the difference in earnings between men and women ( gender wage gap ) is not simply considered, but is related to training. This means that the difference in earnings that can be justified by a different endowment with human capital is "deducted" from the total difference in earnings. This non-justifiable remainder is the residue that represents discrimination. One criticism of this method is based on the fact that the justifiable unequal treatment is already based on discrimination, i.e. in this example the gender-specific acquisition of human capital can be based on discrimination. The residual method can only measure a minimum of discrimination.

Institutional ethnography

Dorothy Smith tries to analyze gender-specific discrimination with the approach of “institutional ethnography”.

Institutional racism in different states

In 2009, the United Nations Special Rapporteur on Racism, Githu Muigai, visited Germany and criticized the political and social deficits in the fight against everyday racism . In Germany, for example, racism is still equated with right - wing extremism and is therefore not sufficiently recognized. Similar deficiencies are effective here as with institutional racism in Germany: "The police, authorities and courts still have a lot to do."

Human Rights Watch criticized Israel in 2002 for reducing child benefits for parents who are exempt from military service discriminating against Arab children: “These cuts will also affect the children of ultra-Orthodox Jews who do not do military service; However, they are entitled to additional support, such as education grants, which Palestinian-Arab children cannot get. ”However, Arabs can volunteer for military service.

literature

  • Peter A. Berger , Heike Kahlert (Ed.): Institutionalized inequalities. How education blocks opportunities. Juventa, Weinheim et al. 2005, ISBN 3-7799-1583-9 .
  • Marilynn B. Brewer, Norman Miller: Beyond the contact hypothesis: Theoretical perspectives on desegregation. In: Norman Miller, Marilynn B. Brewer (Eds.) Groups in contact. The psychology of desegregation. Academic Press, Orlando FL et al. 1984, ISBN 0-12-497780-4 , pp. 281-302.
  • Iris Bünger: The Macpherson Report. Basis for the development of instruments against institutional racism in Great Britain. In: Margarete Jäger , Heiko Kauffmann (Hrsg.): Life under reserve. Institutional racism in Germany. DISS, Duisburg 2002, ISBN 3-927388-83-1 , pp. 239-254.
  • Mechtild Gomolla, Frank-Olaf Radtke : Institutional Discrimination. The creation of ethnic difference in school. Leske + Budrich, Opladen 2002, ISBN 3-8100-1987-9 .
  • Mechthild Gomolla: School development in the immigration society. Strategies against institutional discrimination in England, Germany and Switzerland (= intercultural educational research. 14). Waxmann, Münster et al. 2005, ISBN 3-8309-1520-9 (also: Münster, University, dissertation, 2004).
  • Mechthild Gomolla: Direct and indirect, institutional and structural discrimination. In: Albert Scherr, Aladin El-Mafaalani, Gökçen Yüksel (ed.): Handbook Discrimination. Springer VS, Wiesbaden 2017, pp. 133–155.
  • Ulrike Hormel, Albert Scherr : Education for the immigration society. Perspectives on dealing with structural, institutional and interactional discrimination. VS - Verlag für Sozialwissenschaften, Wiesbaden 2004, ISBN 3-531-14399-9 (Also: (= publication series of the Federal Agency for Political Education. 498). Federal Agency for Political Education, Berlin 2005, ISBN 3-89331-619-1 ).
  • Ulrike Hormel, Albert Scherr (Ed.): Discrimination, Fundamentals and Research Results. VS - Verlag für Sozialwissenschaften, Wiesbaden 2010, ISBN 978-3-531-16657-5 .
  • Claus Melter: Experiences of racism in youth welfare. An empirical study on communication practices in social work (= international university publications. 470). Waxmann, Münster et al. 2006, ISBN 3-8309-1694-9 (also: Oldenburg, University, dissertation, 2006).
  • Christian Müller: Legal problems of an anti-discrimination law. Taking into account existing national and international standards (= series of publications on labor law research results. 34). Kovač, Hamburg 2003, ISBN 3-8300-1121-0 (also: Berlin, Humboldt University, dissertation, 2003).
  • Dorothy Smith : Institutional Ethnography. A feminist research strategy. In: Dorothy Smith: The Active Text. A sociology for women (= argument. Special volume NF 235). Argument-Verlag, Hamburg 1998, ISBN 3-88619-235-0 , pp. 98-126.
  • Heike Weinbach : Social Justice instead of Cold Culture. Alternatives to the policy of discrimination in the Federal Republic of Germany (= manuscripts. 63). Dietz, Berlin 2006, ISBN 3-320-02911-8 .

Web links

Individual evidence

  1. ↑ Mechthild Gomolla: Direct and indirect, institutional and structural discrimination . In: Albert Scherr, Aladin El-Mafaalani, Gökçen Yüksel (ed.): Handbook Discrimination . Springer VS, Wiesbaden 2017 ( springer.com ).
  2. ↑ a b Mechtild Gomolla: Institutional Discrimination in the Education System. In: Rudolf Leiprecht, Anne Kerber (ed.): School in the immigration society. A manual (= politics and education. 38). 2nd Edition. Wochenschau-Verlag, Schwalbach / Ts. 2006, ISBN 3-87920-274-5 , pp. 97-109, ( online (PDF; 149 kB) ( Memento of July 11, 2009 in the Internet Archive )).
  3. ↑ Mechthild Gomolla: Direct and indirect, institutional and structural discrimination . In: Albert Scherr, Aladin El-Mafaalani, Gökçen Yüksel (ed.): Handbook Discrimination . Springer VS, Wiesbaden 2017, p. 140 f . ( springer.com [PDF]).
  4. ^ A b Mechthild Gomolla: Direct and indirect, institutional and structural discrimination . In: Albert Scherr, Aladin El-Mafaalani, Gökçen Yüksel (ed.): Handbook Discrimination . Springer VS, Wiesbaden 2017, p. 135-142 ( springer.com [PDF]).
  5. ↑ Iris Bünger: The Macpherson Report. Basis for the development of instruments against institutional racism in Great Britain . In: Margarete Jäger, Heiko Kauffmann (Hrsg.): Life under reserve. Institutional racism in Germany . DISS, Duisburg 2002, ISBN 3-927388-83-1 , p. 239 ff .
  6. ↑ The Stephen Lawrence Inquiry. Retrieved August 3, 2020 .
  7. ↑ Claus Melter: Experiences of racism in youth welfare. 2006, p. 27, limited preview in Google Book search.
  8. ↑ Mechthild Gomolla: Direct and indirect, institutional and structural discrimination . In: Albert Scherr, Aladin El-Mafaalani, Gökçen Yüksel (ed.): Handbook Discrimination . Springer VS, Wiesbaden 2017, p. 145 .
  9. ^ Carolin Butterwegge: Education and Integration. May 15, 2007, accessed January 6, 2015 .
  10. ↑ Nina Althoff, Greta Schabram, Petra Follmar-Otto: Expert opinion: Gender diversity in law. Status quo and development of regulatory models for the recognition and protection of gender diversity . Ed .: BMFSFJ, German Institute for Human Rights. 2017, p. 17-30, 58-60 ( bmfsfj.de [PDF]).
  11. ^ Renate Schubert: On the economic discrimination of women. In: Gerd Grözinger, Renate Schubert, Jürgen Backhaus (eds.): Beyond Discrimination. On the institutional conditions of female work in work and family. Metropolis, Marburg 1993, ISBN 3-926570-90-3 , pp. 21–54, here p. 22 ff.
  12. ↑ Helma Lutz (Ed.): Focus on intersectionality. Movements and locations of a multi-layered concept. VS Verlag, Wiesbaden 2010.
  13. ^ Cátia Candeias: Institutional Discrimination: The Legal Status of Migrant Women. ( online (PDF; 56 kB) ( Memento from January 19, 2012 in the Internet Archive )).
  14. ^ Renate Schubert: On the economic discrimination of women. In: Gerd Grözinger, Renate Schubert, Jürgen Backhaus (eds.): Beyond Discrimination. On the institutional conditions of female work in work and family. Metropolis, Marburg 1993, ISBN 3-926570-90-3 , pp. 21–54, here pp. 26 ff.
  15. ^ Dorothy Smith: Institutional Ethnography. A feminist research strategy. In: Dorothy Smith: The Active Text. A sociology for women. 1998, pp. 98-126.
  16. ↑ Sabine am Orde: Xenophobia in Germany: UN criticizes everyday racism. In: taz.de . February 11, 2011, accessed January 6, 2015 .
  17. ^ Israel: Cuts in Child Allowance Discriminate Against Palestinian Arab , Human Rights Watch .
  18. ^ Israel: Why Arabs fight in the Israeli army - WELT. In: welt.de . February 22, 2016. Retrieved October 8, 2016 .