Affirmative Action in the United States and Positive Action in the EU and Austria – A Comparison

Abstract

Equality is a fundamental principle of democratic society. However, equality in law does not automatically mean equality in opportunity and chances. Insofar, affirmative or positive action measures can be used as a tool to promote broader social mobility and to remedy structural inequalities. In the United States, race-based affirmative action measures, especially regarding the admission to institutions of higher education, have been a controversially discussed topic. Also, in the EU and Austria, the extent of the use of positive action measures has not been without controversy. Thus, this article aims at drawing a comparison between affirmative action in the United States and positive action in the EU and Austria, in particular in light of constitutional law and the existing case law.

Keywords

• affirmative action
• positive action
• equality
• gender equality
• formal equality
• substantive equality
• equal protection
• discrimination
• austrian constitutional law
• u.s. constitutional law
• eu law
• integrative measures