Civil rights are meant for the protection the interests of the people. Discrimination of people with out established procedures is immoral. Several international conventions such as International convention on civil and political rights (ICCPR) & International convention on the elimination of all forms of racial discrimination 1966 (NCERD) has framed guidelines to the nations on wiping out discrimination in any form. Among the discriminations racial discrimination is brutal.
Several theories were also written on the racial discrimination and among them Critical Race Theory is a prominent one. With the election of Barack Obama there has been slightly change in the American society. Critical Race Theory has a lot of significance in the critically understanding the racially divided societies such as American societies. Critical Race Theory: Critical Race Theory took its origin in mid-1970 where legal professionals were more worried about the slow rate of improvement of the changes in the laws despite of many civil right victories through civil right movements.
It is the learning to look critically at race relations is a key part of critical race theory. “Examining everyday interactions, and finding the racial component in them, can help move forward the cause of racial equality, perhaps more than a sometimes simplistic “color blind” approach. ” Critical Race theory scholars argue that the law is neither benign nor is it color blind. Critical Race Theory offers a hope in understanding the probabilities of more equitable world.
Key elements of Critical Race Theory are: • Racism is regarded as a ‘permanent fixture’ of society. •Critical Race Theory expresses skepticism towards liberal notions of neutrality or color-blindness as an approach to challenging race issues. • Critical Race Theory places strong emphasis to add necessary contextual contours to the seeming ‘objectivity’ of positivist perspectives. • Critical Race Theory argues that US-based civil rights laws continue to serve the interests of Whites.
Critical Race Theory and law: Critical Race Theory emerged as part of critical legal studies that argues for the rights and interests of the power and is a guiding line force behind legal judgments. Critical race theory is the branch of critical legal studies concerned with issues of racism, racial subordination and discrimination. It focuses on opposing the continuation of all forms of subordination, nature of race and judicial considerations.
Source: law aspect
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