This was published in The Times yesterday (Sept 18): JC would be well advised (in the light of reports like this) to respond in an equally courteous and frank manner:
Sir, We would like to congratulate Jeremy Corbyn on his election as Labour leader. We always seek to establish constructive working relationships with the major parties and we hope this will be the case with Mr Corbyn.
There are some key questions on which British Jews will be looking for reassurance. There are concerns about Mr Corbyn’s apparent past openness towards organisations and individuals involved in violent extremism, anti-Semitism and Holocaust denial. These have included Hamas and Hezbollah, both of which are proscribed terrorist organisations, overtly anti-Semitic, have hateful policies towards women and LGBT people and total contempt for human rights. We hope he will affirm and implement a “zero tolerance” stance towards racists, extremists, Holocaust deniers and homophobes.
We also hope Mr Corbyn will pursue contact with the mainstream Israeli and Palestinian political parties, with the aim of advancing peace and security for both national communities. We look to him to reaffirm long-established Labour party policy against boycotts, which are stigmatising, divisive and counterproductive. We will also be asking for support on a range of key religious freedoms important to Jews, Christians, Muslims and others.
President, Board of Deputies of British Jews
Paul Canning reports:
When CNN International reporter Lucy Pawle stepped out of a store in London’s West End she could not believe what she was seeing. As a dutiful journo, she got out her phone and snapped away then placed a call to her station. Shortly after she was on the air breathlessly reporting her find; a black ISIS flag was on the London Gay Pride Parade! And no one seemed to have noticed!
Not being a mug, not at all, Pawle wondered if it might be that British sense of humour she’d heard so much about as the lettering appeared to be “gobbledygook”.
The CNN anchor then brought on the ‘security expert’ Peter Bergen who pondered why an ISIS flag would be there when the group hurls gays off buildings.
Pawle should have looked closer. No, scratch that, she should have used her brain. No, scratch that, her editor and the anchor and the ‘security expert’ all need eye tests.
The flag is a parody with the ‘lettering’ being images of dildos and other sex toys. I have no idea who made it and what they were trying to say (will update if I find out) but I can guess. I think they were trying to say FU to ISIS.
About an hour after the report went out and Pawle had started to get laughed at on Twitter the video got taken down by CNN, but Mediate have a copy.
Personally I think the flag parody looks hilarious and I guess that those who saw it did too since no one appears to be complaining. But I can see how some might think it disrespectful or something.
What do you think?
Edit: The artist behind the flag has now been tracked down. The non-anonymous Paul Coombes told PinkNews “the flag of ‘Dildosis’, a conceptual organisation he has set up as a counterpoint to ISIS, established for the advancement of an ecstatic state”.
More about the very brave Coombes at his website http://www.paulcoombs.co.uk/
Somehow, this seems entirely appropriate:
Socialist Resistance takes down article on feminism and transgender issues: where is this madness going to stop?
Dave Osland wrote:
The website of Socialist Resistance – a organisation of which I was once a member – is currently running two articles on the transphobia debate [JD adds: Dave wrote this before SR took down the article by ‘Author A’]
Author A, a radical feminist, sets out her position. Author B, a trans woman, subjects it to critique.
The first writer does not stoop to Julie Burchill-style cheap shot invective aimed at ‘chicks with dicks’ but simply sets out her stall in entirely reasonable terms.
This is what most people would consider a rational exchange of opinion, a process whereby both camps can potentially gain, if only by better understanding their opponent’s case.
But for its pains, SR is now subject to an online petition, in which dozens of activists – including some big names in the bubble politics of the far left – have signed up in protest against ‘the hosting of transphobes’.
In its small way, this affair encapsulates much of the mindset that relegates revolutionary socialism to the margins of the margins.
It is as if to say: “We have the correct line, comrades; no other line can even be permitted the ephemeral existence of a posting on a small readership website.”
This is an attempt at petty cyber-Stalinist bullying on the part of people who believe that they are in the business of politics to work towards a fundamentally more democratic society.
If they cannot handle debate now, at this level, than how would they handle it in the event that they actually exercised some degree of real influence in society?
By all means take on Bugs Brennan and her ilk. But freedom of speech is as vital on the radical left as it is within society as a whole.
As far as I know, this is something of first. But now the precedent has been set, I wonder where this madness is going to stop.
Here is the ‘offending’ article, with an introduction, written by the author (Victoria Smith, aka ‘Author A’) since the piece was taken down; it comes from Victoria’s blog glosswatch – a feminist blog. We reproduce it here at Shiraz not because we necessarily agree with it, but because we think it is a serious contribution to a serious debate, and should not have been suppressed:
I originally wrote this piece for Socialist Resistance – in response to an idea that came from them, not me – but asked to have it withdrawn in light of this editorial announcement. I think it’s important for women’s work to be represented fairly and I don’t consent to my work being presented in contexts which don’t reflect the actual commission. The insistence that women’s voices in particular – particularly when women are describing their lives and needs – require “trigger warnings” is patriarchal to the core. When people are offended by women speaking or writing, it’s rarely women who are the problem.
In this particular instance I think Socialist Resistance need to be honest about their editorial policies and their political principles. There is a word for people for whom discussions of female bodies, female labour and male violence cause “offence and distress.” That word is not “trans”, “queer”, “marginalised” or “oppressed,” but “misogynist” (it’s been around for quite some time). If that is a publication’s desired readership, fine, but it is frankly bizarre for it to then use the term “socialist” when any analysis of the means of production expressly excludes the exploitation of female bodies and the experiences of female people as a labour class.
Moreover, if an editor believes it is contentious to claim that the exploitation of women is something which benefits a more powerful group (as opposed to something based on a random, free-floating “phobia”); if he or she thinks it is triggering to suggest male violence should be named; if he or she is unconcerned about the age-old exclusion of female bodies from understandings of what human bodies are, then that editor should say so. It’s not okay to make glib statements about not “supporting the exclusion of transwomen from women’s spaces” when that is not what is being debated. If you’re going to slap a trigger warning on someone’s writing and make dog-whistle references to phobias, you need to give precise reasons why. And if your “socialism” is actually “redistribution amongst male people while female people carry on cleaning up everyone’s shit,” you need to be clear about this. Because selling your publication on the back of moral principles you don’t have simply isn’t fair.
I am wondering if an alternative title for this piece should be “why are some feminists so mean?” After all, this is the assumption made by many upon hearing that when it comes to trans inclusion, many feminists still want to talk about difference. “But trans women are women!” we are told, as though this will make everything alright. But it doesn’t. The impression is that we are cruel. Surely what is at stake matters a great deal to trans women but very little to us? Why can’t we just loosen up and let everyone join the “being oppressed as a woman” party on the same terms? Shouldn’t the excluding be left to the men?
Unfortunately, it’s not as simple as that, at least not if feminism is to mean anything as a political theory which analyses how and why women are oppressed, with a view to dismantling the structures which dehumanise, objectify and exploit. This is no more an abstract discussion for feminists than it is for trans people. It is not a matter of discomfort with particular words. It’s about real, flesh-and-blood suffering. If we cannot talk about how patriarchy arises, how it functions and who benefits from it, then we cannot help ourselves, let alone each other. We might as well go home.
In a 2014 piece for the Guardian, the trans journalist Fred McConnell describes gender as “one’s innate sense of self.” This is not a definition that many feminists would use. To us, gender is a hierarchical system aimed at enforcing women’s subservience. It is neither natural nor innate. As the philosopher Janet Radcliffe Richards writes, “much of what is believed about women stems from what is wanted of women.” If you decide that woman = innately predisposed to meet the needs of men (and dress it up in fancy wording which suggests womanhood is actually to do with being pretty, nurturing, communicative etc.), you have a ready-made justification for abuses which have endured for millennia and are going on to this day. That is what gender means to us.
I am conscious the feminist definition of gender sounds a little depressing compared to the trans one. Maybe so, but it is a description of what is. Forced marriage, unpaid wifework, reproductive coercion, sexual slavery, educational exclusion … all of these things continue to be justified by the insistence that women are “naturally” subservient, caring, decorative etc. Moreover, the women to whom these things happen do not have the opportunity to identify out of their oppression because this oppression remains material in basis. Saying “I’m not a woman – my innate sense of self tells me I’m not THAT!” does not work (I write this as a pregnant woman and believe me, no amount of insisting “I’m a pregnant PERSON!” grants me an exemption from laws which were written on the assumption that women, as a reproductive class, should not have full bodily autonomy at all times in the same way that men do).
So what is the solution? Feminists propose that we abolish gender and accept that both male and female people are human, free to express themselves however they choose regardless of their sex. Trans activists propose that we abolish sex difference (as if one could) and accept that whether one is male or female depends upon how one identifies, using gender as a guide. Quite how the latter option deals with the material exploitation of sexed bodies under patriarchy – beyond making it unmentionable – isn’t very clear. Nor does it tell us how we might confront male violence (over 90% of all violent crime is committed by male people, regardless of how they identify). Are we therefore to assume that a predisposition to violence is merely a part of someone’s innate sense of self? And is it now up to perpetrators to say whether their violence really counts as “male violence,” dependent on how “male” they feel? Indeed, under the rules of trans politics, can we identify any forms of material oppression and dominance at all?
When feminists point out that trans women are not biologically female, we are not, as some would have it, behaving like “knuckle-dragging bigots.” We’re saying our bodies exist and matter, too. This isn’t a minor point. The idea that male bodies are the default bodies is patriarchy 101. Eve is constructed from Adam’s rib; Freud clocks our lack of penis and comments drily that “a hole is a hole”; modern medical research is still biased towards using male bodies. Denying sex difference by making male bodies the only “real” bodies is not some modern stroke of genius; it is conservative to the core. Moreover, it is directly contrary to the feminist objective of ensuring that biology is not destiny.
Many people find this hard to understand, thinking that to associate being female with having a female reproductive system is akin to “reducing women to their genitalia.” It’s a non-argument that’s rather akin to saying anti-capitalists “reduce people to their earnings” or anti-racism campaigners are “obsessed with skin colour.” If we don’t talk about biology – and hence never demand the structural changes which ensure the world is built to suit the needs of all bodies – then for female people, biology always will be destiny. For instance, it’s highly unlikely that company bosses ever sat down and decided to actively discriminate against people who look like they might have the potential to get pregnant; they just built the rules on the assumption that the default employee is someone who definitely can’t. This then leads to enormous inequalities, forcing women into lower-paid, part-time work or excluding them from employment altogether (while allowing male people to continue to benefit from the disproportionate share of unpaid caring work undertaken by female people; unfortunately males who see “woman” as an identity rarely seem to identify with the floor scrubbing and arse-wiping aspect of the whole experience).
In all this it’s worth asking who really gains the most from trans politics in its current anti-feminist guise. Female people don’t and if we’re honest, neither do most gender non-conforming males. Whereas feminism seeks to dismantle male dominance, trans politics reinforces traditional masculinity by insisting that any quality that is considered insufficiently manly is shoved into the “woman/not man/other” box. Not only does this offer no challenge whatsoever to the global epidemic of male violence, but it ensures that women can continue to be blamed for it (If women were only more accommodating, men wouldn’t have to beat anyone up, as said by every single misogynist since the beginning of time). Moreover, this is entirely in keeping with a feminist analysis of gender as a hierarchy. When self-styled cis men order feminists to accept that “trans women are women,” what they’re really saying is “accept that my dominance is natural” (any admission that male people might freely identify with so-called feminine qualities without having to declare themselves female would be far too unsettling; it might show that patriarchy is a house built on sand after all).
A recent poster campaign asking feminists to be “more inclusive” showed a trans person trying to decide which toilets to use. On the door of the ladies’ were the words “get yelled at”; on the men’s, “get beaten up.” That’s patriarchy for you; men learn violence, the most women can do is seek to raise our voices. The trans solution? Demand entry into the “get yelled at” space, even if this also means granting entry to potential beaters as well as yellers. Accept male violence, but not female dissent, as a fact of life. The feminist solution? The opposite: no to male violence, yes to raising our voices. Confront the system that enables the beaters. Do so even if it means you get yelled at and called a TERF and told to die on a daily basis. Do it because you know male violence is wrong, that no one deserves to be beaten and that all people should be free to express themselves how they wish, regardless of sex.
I know which option I’d choose. Other people can make their own choices, but let’s be honest: this is not about identity and inclusion. It’s about power. Think about who and what you’re propping up.
This article is republished from the website of the American International Socialist Organisation, a group once associated with the British SWP, but who broke their links with them some years ago. I think it’s an important contribution to the debate around identity politics, ‘intersectionality’ postmodernism and the relationship between class and oppression. It’s a longish piece, but quite accessible and well worth taking the trouble to read – JD:
Sharon Smith is author of the forthcoming Women and Socialism: Marxism, Feminism and Women’s Liberation  and Subterranean Fire: A History of Working-Class Radicalism in the United States . At the Socialism 2014 conference last June, she spoke at a session that took up the discussion about the politics of privilege theory and the practice of privilege-checking.
– – – – – – – – – – – – – – – – –
I THINK it’s important to make clear at the outset of this presentation that recognizing and appreciating the degree of gross inequality in capitalist society–which is a necessary feature not only of exploitation, but also of oppression–is much more important than the term you use to describe it. That is, whether you call it “privilege,” or “benefits” or “advantages” is not the main issue.
The only way we can hope to build a movement that fights oppression in all its forms, and also includes all oppressed people within it, is not by minimizing the degree of oppression that exists, but by recognizing its many manifestations–no matter which oppressed group you are discussing.
It is also the case that a solid proportion of people, especially young people, who have become radicalized in recent years have done so precisely because of their recognition of and opposition to oppression–be it racism, sexism, LGBTQ oppression, disability oppression or any number of other forms of oppression that exist today.
This makes sense. On the one hand, the dramatic growth in class inequality since 2008 has led to a sharp rise in class-consciousness–most recently demonstrated by the Occupy Wall Street movement of 2011. But this class-consciousness is mostly limited to anger at class and social inequality–without an obvious connection to a working-class strategy to transform society.
This is completely understandable, since anyone in the U.S. who became politically aware after the mid-1970s will have had little to no opportunity to experience firsthand the solidarity that is palpable among workers who are fighting shoulder to shoulder in an open-ended mass strike. So while the misery caused by the system is obvious to all those who are radicalizing today, the potential power of the working class is not.
Recent generations of young radicals have often gotten their first introduction to the issue of combatting oppression through reading the very influential Peggy McIntosh essay of 1989, “White Privilege: Unpacking the Invisible Knapsack.”
The best thing about this essay is that it forces its white readers to appreciate the many manifestations of racism in everyday life. But the essay itself primarily focuses on individual awareness, rather than putting forward a particular strategy for ending racism. I also find that it tends to conflate the meaning of “white” people with white middle-class people, without actually integrating a class analysis.
For its intended purposes, though, this essay raises awareness and does some good–mainly arguing that white people looking at themselves in the mirror should realize the many ways that people of color are victimized in ways that white people do not experience. And McIntosh certainly doesn’t call for privilege-checking as a strategy for social change. This strategy arrived to the radical left much later on. Read the rest of this entry »
I ran into Comrade Clive Bradley over the weekend, and he was warm in his praise for the film Pride, which depicts (albeit in “feel-good” style à la The Full Monty and Made in Dagenham) the role of Lesbians and Gays Support the Miners (LGSM) during the great 1984-5 strike.
Clive was a prominent member of LGSM at the time, although he’s not portrayed in the film.
Here’s an interview that Workers Liberty’s paper Solidarity did with Clive a couple of weeks ago, just after the film’s release. There is also a review of the film, which I haven’t republished, but which can be read here.
“The miners needed solidarity”
Solidarity: What was LGSM and what did it do?
Clive: It was a group that was set up of lesbians and gay men set up to support the miner’s strike. It has to be said it was initially mainly gay men, but more and more women got involved over the time. Practically it raised money for the miners who were on strike for a year. Mainly by standing outside lesbian and gay pubs rattling buckets, it raised quite a lot of money. This was sent to a particular mining community in south Wales, in the Dulais valley, with which connections had been made.
Solidarity: Why did this get started, and how did you get involved?
Clive: It was the idea of two people in particular, Mark Ashton and Mike Jackson. Both are dramatised in the movie. They put out a call at Pride in ‘84 and organised a meeting at “Gay Is the Word” bookshop in London. At that time I was just moving to London from Manchester and was a member of Socialist Organiser [forerunner of the AWL]. It’s not rocket science to see how I got involved.
I went to the second ever meeting of LGSM. I was active in supporting the miners and thought it was a brilliant initiative. It proved to have a very powerful effect on lesbian and gay men and on the miners. The NUM went on to lead the pride demonstration in August 1985. The NUM, a traditional union, not famous for its view on matters such as lesbian and gay rights, became quite prominent in the changing policy on gay rights in the Labour Party.
Solidarity: What impact did it have in the gay community, and what arguments did LGSM make about why gay people should support the miners?
Clive: The strike lasted for a whole year and divided the country, divided everybody. A lot of people supported the miners and didn’t need to be persuaded, but we argued that we needed the miners to win. If the miners lost then the Tory government would be going for everybody, and these lesbian and gay communities would be an easy target. People would put a lot of money into the bucket to show solidarity — presumably a lot of money they didn’t have in many cases. LGSM was the first really concrete example of how an “autonomous” movement of the “specially oppressed” (as we used to say) could struggle alongside the organised working class, and transform working-class consciousness in the process.
Solidarity: Were other left groups involved in LGSM? What was their attitude to it?
Clive: Some members of different left groups were personally involved, even members of Militant [forerunner of the Socialist Party] and the SWP, whose organisations were more hostile to the project. Militant , for example, generally argued that any kind of autonomous organisation was necessarily divisive. LGSM and Women Against Pit Closures, etc. showed that quite the reverse was true.
Solidarity: How was LGSM received in the mining communities?
Clive: The film does this quite cleverly. It is basically a rom com between two communities. The film shows you both acceptance and hostility, but a growing acceptance. That isn’t far off what actually happened.
I went to South Wales twice, the second time when the strike was actually finishing in March ‘85. That was very emotional for all of us. My own experience was that people couldn’t really have been more welcoming.
The first time we went down, there was a minibus load of us, we were being put up in people’s houses, that was the deal. We all went down to the miner’s welfare in the evening to sing songs and get drunk. It was completely fine, no hostility at all.
The reality was we were raising money for them. The miners needed solidarity, and I’m sure if people were at first dubious about where the solidarity came from, need overcame that. And, of course, as you make contact with people you realise that you have more in common than you initially thought. Why the suspicions broke down, as I’m sure there were some, is no mystery. It was the nature of people meeting each other and the power of solidarity.
Solidarity: What do you think members of LGSM learnt from the experience?
Clive: For many people it was their first time going to that sort of working-class community, though certainly not for everyone. We were a mixed group and certainly there were people from working-class backgrounds, it was not all middle class lefties. The vast majority were just people who wanted to do something.
When you have a big confrontation between a section of the working class and the government you have to take sides, more than just in your head.
There have been reunions [of LGSM] recently and many people still seem to hold broadly the same views that they used to. You can tell for many people in LGSM it was an absolutely formative experience in their lives, and very important to them.
Solidarity: Do you think there was rolling back after the defeat of the dispute, both in the gay community and in the mining community?
Clive: The miners were beaten and most of them lost their jobs. Generally speaking in the class struggle, the defeat of the miners had a hugely bad effect. We’re still living with the consequences of it.
I doubt miners’ attitudes rolled back too much with regards lesbian and gay rights. You started to get stories of miners coming out. At reunions we get visits from miners. We often hear “it turns out my son is gay”.
Ex-miners and their families came up from south Wales for the film premiere.
In the lesbian and gay community, struggle wasn’t rolled back. You got growth of the lesbian and gay movement after 1985. Not long after was “Section 28” [the Tory law which prevented the “promotion of homosexual lifestyles”] against which you had enormous demonstrations. The pride parades in the early ‘80s were relatively small, but by the late ‘80s and certainly the early ‘90s they were enormous.
Solidarity: What do you think about the film?
Clive: It gets an awful lot incredibly right. It’s in the broad ball park of something like The Full Monty, but much more political. Over the credits you have someone singing Solidarity Forever. It takes for granted that the strike was right. It’s absolutely about the importance of class struggle and solidarity between communities. The portrayals of the real people are very close and a good tribute.
Its good that for the anniversary of the strike, this particular act of solidarity will be remembered.
Guest post by Pink Prosecco
Peter Tatchell is an admirable man who has campaigned bravely on LGBT rights and many other issues. However I cannot agree with the thrust of this post, recently published in Gay London. To summarise, he regrets the way in which the LGBT community has retreated from ‘radical idealism to cautious conformism’. He wishes instead that LGBT campaigners questioned the institution of the family and were generally less bourgeois, and complains that more timid types only jumped on the LGBT bandwagon when it was safe to do so.
But this can be turned round I think. One might conjecture that the handful of LBGT men and women who were prepared to campaign and be visible forty years ago were unusually independent and tough minded. They were perhaps thus also more inclined to be non-conformist and politically radical in ways that went beyond sexual orientation.
I should note at this point that the ‘pink’ in ‘pink prosecco’ only references my slightly sub-shirazian shade of politics. However personally I don’t see why LGBT people should be expected to be any more or less radical than anyone else. It’s a sign of progress not regression that people who are dull, or disagreeably right wing, are as happy to identify as LGBT as creative, radical, edgy types. Peter concludes:
“The unwritten social contract at the heart of the recent campaigns for LGBT law reform is that gay people should behave respectably. No more cruising, orgies or bondage. In return, the ‘good gays’ will be rewarded with equal treatment. The ‘bad gays’, who fail to conform to conventional morality will, of course, remain sexual outlaws. Is that what we want? A prescriptive moralism that penalises non-conformists within our own community?”
But why should bondage and a rejection of conventional morality be seen as LGBT specific issues?
More relativist garbage and pro-Putin apologetics from Mr John Wight and his fellow sub-Stalinists at the laughably misnamed Socialist Unity blog:
Many societies remain uncomfortable with homosexuality. In our own country gains in LGBT rights and equality are a relatively recent phenomenon. Whether we like to admit it or not, homosexuality and sexual promiscuity are still viewed as two sides of the same coin in some societies, feeding a misplaced understanding of homosexuality as solely a lifestyle choice motivated by hedonism. It is seen as a corrupting and corrosive influence on social cohesion as a consequence. There is of course nothing wrong with homosexuality as a lifestyle choice. The freedom to choose any lifestyle a person so wishes, as long as it does not impinge on the rights of others, is rightly deemed sacrosanct in a healthy society.
But social attitudes are inevitably buttressed and influenced by cultural traditions, which differ across the world and are the product of specific histories and inevitably develop at different rates of progress. These factors cannot simply be abstracted in favour of a western-centric approach on the part of liberal commentators and activists in Britain.
If you want the context, and/or have a morbid fascination with moral relativism, the full article is here.
Today’s Morning Star editorial is almost as craven, but at least makes it clear that, in their opinion “Russia’s law banning so-called propaganda in favour of homosexuality is a repressive measure that cannot be justified” … before going on to lecture Stephen Fry and Russian LGBT organisations to the effect that they “would gain more from closer links with oversees groups in and heightened publicity about discrimination rather than boycott proposals that imply a Western moral superiority.”
Again, readers may wish to read the full article in all its wretched, squirming relativism: it’s here.
Wight, Nooman, and the Starlinists find themselves in thoroughly suitable company when they denounce Stephen Fry over his call for a boycott of the Winter Olympics over this issue: the Daily Mail.
Fry has written a scathing response to the Mail. One section, in particular, applies to Wight, Nooman and the Starlinists every bit as much as it does to the Mail:
Of course I know Putin isn’t Hitler. But then Hitler wasn’t the full Hitler we now think of in back in 1935 either. The death camps and atrocities were years away. He became the Hitler of 1939 because we never stopped him. All historians agree now on how doubtful and uncertain he was in 35, 36, 37, and 38. The occupation of the Rheinland provinces of Alsace Lorraine and the annexation of Austria went unchallenged. The Olympic games reinforced his huge status at home.
Nor was Stalin the full Stalin in 1920. True terrible bloody leaders become so because they are not stopped. The last four lines of W. H. Auden’s The Tyrant come to mind:
He knew human folly like the back of his hand,
And was greatly interested in armies and fleets;
When he laughed, respectable senators burst with laughter,
And when he cried the little children died in the streets.
Hitler, Stalin, Mao, Franco and any other despot you care to mention: they become despotic, maniacal, more autocratic, more insane every time they are given a greater sense of their own power. The fanatical junior KGB officer Vladimir Putin will become, if he is allowed to get away with it, as autocratic as any Tsar or any Soviet chairman. Vladimir the Terrible will have blood on his hands. He already does, but there will be so so much more. Little children will die in the streets. All power corrupts, absolute power corrupts absolutely. That saying is so well-known it’s hardly worth repeating. You would think…
But apparently I don’t have the right to bleat my liberal opinion…
PS: and before anyone points it out, yes, I am generally sceptical about the political effectiveness of boycotts and certainly oppose the proposed “delegitimisation” boycott/disinvestment campaign against Israel. But Fry’s call for a boycott of the Winter Olympics so long as Russia hosts it, is an entirely proper response to Putin’s fascistic outlawing of so-called “gay propaganda” and Russian state-sponsored physical attacks on gay individuals – JD.
Is justice really blind?
In theory, all forms of legally recognised discrimination (ie discrimination arising from one of the six “protected characteristics”) are equally serious. Many of us have long suspected that in reality, that isn’t the case and that certain forms of discrimination tend to be taken less seriously than others. For instance, while racism is (thankfully) a complete no-no in the media and in most workplaces, sexism (especially in the form of jokes) is still widely tolerated.
In this context, a look at employment tribunal awards for the various forms of discrimination, makes informative and – for me, at least – quite surprising, reading.
Britain’s leading discrimination law specialist Michael Rubenstein, has just published an analysis (by employment lawyer Innes Clark ) of the Equal Opportunities Review (the ‘EOR‘) annual survey of compensation awards made in discrimination cases, and with their “kind permission” he’s set out the main points, as follows:
By Innes Clarke
The statistics are based on 422 cases either filed by the Employment Tribunal Service in Bury St Edmunds or sent to the EOR by individual lawyers.
The total compensation awarded in the 422 cases was £5,268,597. Discrimination awards are uncapped and the highest award made was £235,825 in the disability discrimination case of Wilebore v Cable & Wireless Worldwide Services Ltd, in which reasonable adjustments were not made for an employee who was returning to work after having treatment for cancer.
The only other award in excess of £100,000 was for £136,592 in an age discrimination case – Dixon v The Croglin Estate Co Limited.
Breakdown of Awards
Of the total amount awarded (£5,268,597), 47% is attributable to awards made for injury to feelings (£2,469,566) with the rest made up of, predominantly, financial loss (i.e. loss of earnings).
The highest awards made for the various categories of discrimination were as follows:-
Protected Characteristic Highest Award
|Religion & belief||£18,600|
I have set out below the median awards for the various strands of discrimination with the 2011 and 2010 figures for comparison purposes.
|Protected Characteristic||Median Award (2012)||Median Award (2011)||Median Award (2010)|
|Religion & belief||£3,000▲||£1,000||£6,976|
|All discrimination awards||£7,500▼||£7,518||£8,000|
An Employment Tribunal can make recommendations as to the steps that the respondent should take to reduce the adverse effect of the discrimination on the claimant. The Tribunal can also make recommendations for the benefit of the wider workforce and not just the particular claimant. In 2012 the Employment Tribunal made recommendations in 30 cases. Of these, 19 included wider recommendations to promote equality in the workplace. The most common wider recommendation was for training to be implemented either on equality or diversity.
It is worth noting that the Government is intending to remove the power of Employment Tribunals to make these wider recommendations which, in my view, is regrettable and appears to be something of a retrograde step.
It should be borne in mind that the statistics relate to a selection of cases which were decided by the Employment Tribunal and do not take into account the many claims that do not reach a full hearing and which, instead, conclude by way of agreed settlement for undisclosed sums.
Clarke notes that the EOR’s report also contains “some very interesting statistics” on the ‘injury to feelings’ element of discrimination awards and promises a further blog on that, shortly. Look out for it at ‘Michael Rubenstein Presents…’
Guest post by Pink Prosecco
This morning I discovered that the PCC had determined that Julie Burchill’s disgusting transphobic rant in the Observer did not breach their code of practice. Now I have just read about the death of Lucy Meadows, a transsexual woman who was the subject of a hostile article by Richard Littlejohn in the Daily Mail. (This is no longer available on the Mail’s website). He sneered:
“Mr Upton/Miss Meadows may well be comfortable with his/her decision to seek a sex-change and return to work as if nothing has happened. The school might be extremely proud of its ‘commitment to equality and diversity’.
“But has anyone stopped for a moment to think of the devastating effect all this is having on those who really matter? Children as young as seven aren’t equipped to compute this kind of information.
“Pre-pubescent boys and girls haven’t even had the chance to come to terms with the changes in their own bodies.
“Why should they be forced to deal with the news that a male teacher they have always known as Mr Upton will henceforth be a woman called Miss Meadows? Anyway, why not Miss Upton?”
The precise circumstances surrounding Lucy Meadows’ death are still not certain [but would appear to be suicide – JD]. However it is clear that many people, including those whose views are otherwise liberal, have a higher tolerance threshold for transphobia than for just about any other kind of bigotry.
To be fair, the PCC, in giving Burchill’s article a clean bill of health, are only following their own guidelines, according to Pink News:
“The PCC’s Editors’ Code of Practice states in a clause on discrimination that the press ‘must avoid prejudicial or pejorative reference to an individual’s race, colour, religion, gender, sexual orientation or to any physical or mental illness or disability.’
“However, in its ruling of the Burchill article, the PCC acknowledged that it had caused offence but declared the decision to publish was not in breach of the Editors’ Code of Practice…
“It said: ‘the clause does not cover references to groups or categories of people. The language used in the article did not refer to any identifiable individual, but to transgender people generally. While the commission acknowledged the depth of the complainants’ concerns about the terminology used, in the absence of reference to a particular individual, there was no breach of Clause 12.’”
In theory this would seem to imply that it would be ok to propagate ideas straight out of the Protocols of the Elders of Zion – as long as no individuals were named. Of course in practice, despite concerns about (for example) Islamophobia, even the tabloids usually avoid the crudest expressions of bigotry, despite their selective, and often factually incorrect, reporting. This makes the publication of Julie Burchill’s disgusting article by the liberal Observer all the more noteworthy. Here’s a reminder:
“She, the other JB and I are part of the tiny minority of women of working-class origin to make it in what used to be called Fleet Street and I think this partly contributes to the stand-off with the trannies. (I know that’s a wrong word, but having recently discovered that their lot describe born women as ‘Cis’ – sounds like syph, cyst, cistern; all nasty stuff – they’re lucky I’m not calling them shemales. Or shims.) We know that everything we have, we got for ourselves. We have no family money, no safety net. And we are damned if we are going to be accused of being privileged by a bunch of bed-wetters in bad wigs…
“To have your cock cut off and then plead special privileges as women – above natural-born women, who don’t know the meaning of suffering, apparently – is a bit like the old definition of chutzpah: the boy who killed his parents and then asked the jury for clemency on the grounds he was an orphan.”
Finally, as Lizzie c notes on Twitter:
“just a thought: it’s probably harder to explain to your child why their teacher is dead than why they are now a woman. #lucymeadows”