Professor Fanny M. CHEUNGPro-Vice-Chancellor /Vice-President

The Chinese University of Hong Kong

Conference on Equality in Asia Pacific 2018: Progress and Challenges20-21 Sept 2018

An Overview of Anti-discrimination and Equality in

Hong Kong

Presentation Outline

Foundation of the Equal Opportunities Commission Achievements Gaps Future Challenges

2

Equal Opportunities Commission (EOC)

Established in May 1996 under the Sex Discrimination Ordinance Currently implementing 4 ordinances: Sex Discrimination Ordinance (SDO) (Cap. 480) 1996 Disability Discrimination Ordinance (DDO) (Cap. 487) 1996 Family Status Discrimination Ordinance (FSDO) (Cap. 527) 1997 Race Discrimination Ordinance (RDO) (Cap. 602) 2009

3

Perceptions and Skepticism about Discrimination and Equal Opportunities

4

People (men and women) are different and cannot (should not) be equal

It is discrimination if one is treated unfairly

The EOC should go get the discriminators and punish them

The laws will create more interpersonal conflict and litigation, and therefore increase costs of doing business

Strategic Pillars of EOC

1. Complaint and legal measures 2. Research and advocacy3. Public education and training4. Building networks and community participation

5

6

1. Complaint and Legal Measures

Investigating complaints

1996/97: 1972006/07: 6552016/17: 799

Providing legal advice and assistance

2006/07:14 assisted cases in 34 applications

2016/17:16 assisted cases in 51 applications

EOC-initiated investigation

- Since 2004/05,954 investigated initiated by EOC- Arising from incidents noticedby EOC or reported by third parties

Code of practice

SDO, FSDO, RDO,DDO on employment, DDO on education

Judicial review

EOC vs Director of Education, 1998

Reviewing legislation

e.g. Discrimination Legislation (Miscellaneous Amendments) Bill 2018

Facilitating conciliation

2006/07: 170 successful cases in 237 cases

2016/17:172 successful cases in 241 cases

2. Research and Advocacy Commissioned over 40 research projects to

understand perception and status of equal opportunities and discrimination issues

Evidence-based discussion and policyanalysis

Setting up special working groups to examine particular issuese.g. accessibility, education for ethnic minorities

7

3. Public Education and Training

Publicity programme to reach the general public Best practices and guidelines Training modules “Training the trainers” programme(HR officers, social workers,

teachers, etc.) Resource centre Seminars and workshops

8

4. Building Networks and Community Participation

International and regional networks Asia-Pacific Forum of National Human Rights

Institutions UN Committees and Conventions All-China Women’s Federation

Community participation Community Participation Funding Programme on

Equal Opportunities” EO Club membership Engagement of stakeholder groups and NGOs

9

Achievements

1996: 35% 1998: 86.7% 2003: 92.7% 2007: 95% 2012: 95% 2015: 98%

10

Equal Opportunities Awareness Survey:Have respondents heard of the EOC?

35%

86.70%92.70% 95% 95% 98%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

1995 2000 2005 2010 2015

Public Awareness Education, learning and engagement

Overall index of anti-discrimination attitude (2012, 2015)

Which groups are more aware of equal opportunities? EOC service users Young people (esp. aged 15 – 19 and 20 – 29) Single Local born

11

Overall index of anti-discrimination attitude

2012 2015

General pubic 63 62

EOC service users 73 77

Important Legal Action and Amendments

Discrimination Legislation (Miscellaneous Amendments) Bill

Breastfeeding Protection to persons working in a

common workplace Protection to service providers

12

Formal investigation into Secondary School Places Allocation System (SSPA) 1998 & 2000 EOC vs Director of Education

149 court cases (up to 2017)including cases on sex discrimination, sexualharassment, pregnancy discrimination,disability discrimination, disability harassment,family status and marital status discrimination

Government to review its recruitmentpolicies on rejecting job applicants whohad a first degree relative with a historyof mental illness of a hereditary nature Race Discrimination Ordinance (RDO)

(Cap. 602) passed

Gaps

Organizational commitment to equal opportunities and diversity policies still weak Study on Discrimination in the Hong Kong Workplace (2014) Employers of SMEs did not appear to have a good understanding of the

discrimination ordinances SMEs tend to have no policy / guidelines against discrimination Large companies are more likely to provide briefing but not written

policy/guidelines

Sexual Harassment Questionnaire Survey for Education Sector (2014) 735 schools did not respond to the survey Likely that they have not yet adopted a policy statement on anti-sexual

harassment

13

Gaps General public support for equal opportunities dwindled

General awareness of equal opportunities remains superficial Misconceptions, myths and biases are common e.g. sexual harassment: Public is still confused about what constitutes sexual

harassment and sexually hostile environment e.g. 64% SMEs & 45% corporates have NO idea about family status

discrimination (EOC and Center for Chinese Family Studies, 2018)

14

Equal Opportunities Awareness Surveys 2003 2007 2012 2015

Respondents who agree with the statement

EOC has enhanced public understanding of equal opportunities 84% 75% 72% 70%

Future Challenges for Hong Kong How to protect equal opportunities across borders Global and regional mobility where local norms and laws may differ Cultural and regional differences in knowledge about equal opportunity

concepts Setting best practices and standards in operations outside Hong Kong Organizational commitment to protecting its members (staff, students)

outside HK

How to align intersectionality of discrimination based on gender, age, ethnicity and race, sexual orientation Cultural diversity and social hierarchy in the society Implicit biases operating on multidimensional levels resulting in indirect

discrimination

15

Intersectionality – Realities of Discrimination

A sociological concept (Crenshaw,1989) A multidimensional perspective to understand overlapping

identities and their interrelationship with the social systems and structures around them e.g. ethnic minority women (race + sex discrimination)

To investigate the concurrent and interactive effect of various social categories – double discrimination?

In HK context, these categories include: e.g. gender, race/ethnicity, culture, religion, migration status, and education etc. (e.g. Baig, Chan, Fok and Wong, 2017)

16

Towards Transformative Equality Formal equality: people are equally treated at all times

Substantive equality: Equitable outcomes and equal opportunities Address special needs of certain groups

Four-dimensional model of Transformative equality (Fredman et al., 2006)

1. Breaking the cycle of disadvantage2. Promoting dignity and worth3. Accommodating difference by changing institutional structures4. Promoting political and social inclusion

17

Towards Transformative Equality

Photo credit: https://i0.wp.com/muslimgirl.com/wp-content/uploads/2018/01/Equity-vs-Equality-twitter.jpg?resize=750%2C472

18

Formal EqualityTransformative Equality

Substantive Equality

Grounding Values

19

Human dignity

Mutual respect

Safe and friendly environment

Appreciation of diversity

Inclusive society

References Baig, R., Chan, K., Fok, Y., and Wong, Y. (2017) Knowledge and Perceptions towards Gender-

based Violence of Minority Girls in Hong Kong Final Report. (https://www.rainlily.org.hk/down_file.php?type=reports&id=146)

Crenshaw, K. (1989) ‘Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics’, The University of Chicago Legal Forum, vol. 140, pp. 139-167.

EOC and Center for Chinese Family Studies (2018) A Study on Family Status Discrimination in the Workplace in Hong Kong. (http://www.eoc.org.hk/eoc/upload/ResearchReport/20188211629521937156.pdf)

Fredman, S., Kuosmanen, J., and Campbell, M. (2006) “Transformative Equality: Making the Sustainable Development Goals Work for Women”, in Ethics & International Affairs, vol. 30, no. 2, pp. 177-187.

20

21Thank you!