Racial discrimination law presents confusing concepts

Australia’s racial discrimination legislation successfully confuses acts of discrimination and words indicating prejudice, a feeling. Discrimination involves treating an individual or group differently from others, generally less favourably. Examples would be: a denial of equal opportunity, or paying wages below a legal entitlement. There may be no antipathetic feeling associated with the act of discrimination.

Whereas prejudice can be displayed in looks of disdain, or in spoken words, such as those used by bullies (or idiots) in a playground or in a work situation.

Denial of a right or entitlement will hurt – emotionally and materially. The effects can be very long term. Do read my 2 posts titled ‘The myth of racial discrimination’ to fully appreciate what actual discrimination is all about.

The discrimination I had to endure in not only the White Australia era but also in the 1980s was substantial, not imagined or coined. Initially, the discrimination I experienced reflected responses to my skin colour and to my being foreign. Latterly, the trigger was tribo-religious (‘not one of us’); and I had to ‘go with the flow’ to be allowed to work in peace. I thought it wise to retire prematurely.

Words uttered by rude people – mainly through ignorance or stupidity – can hurt, but only if one allows that! Why would one want to do that? Would one feel hurt and humiliated were the heavens to open suddenly, and deposit cold water on one’s head? Of course, one would feel chastened and a little hurt were a parent or a teacher or one’s boss to be rude in correcting one’s attitude, behaviour, or quality of work.

The Australian Aborigine has had to put up with more than 2 centuries of oral abuse! Has racial legislation provided significant protection? Yet, some recent coloured immigrants have allegedly spoken about being hurt and humiliated by nasty people addressing rude words at them. Is it time to adopt this adage: “The dogs may bark but the caravan moves on”?

Legislation should legitimately focus – and be restricted to – acts of discrimination (ie. to a denial of rights), and be couched in semantically and legally clear terminology. However, the current legislation in Australia offers the opportunity for harmless words of disapproval to be posited as harmful and humiliating.

Immigrants are traditionally ‘adventurers,’ displaying resilience and fortitude in travelling to another nation, and integrating with those already in the country they chose to enter. Some of them can, of course, be opportunistic.

 

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