On Reasonable Accommodation Essay

2945 Words May 10th, 2013 12 Pages
On Reasonable Accommodation

INTRODUCTION Our modern society has long been governed by classic liberal notions advocated by thinkers such as John Stuart Mill and John Locke, Emmanuel Kant. A traditional conception of equality is generally prioritized in their work, outlining a highly formal approach premised on uniform treatment, colour-blindness and an emphasis on the Rule of Law. However, in the contemporary context of today, such an ideological hope tends to play the role of the ignorant fool, who disregards the complexity of our society. We are in need of a system that opens its eyes, stops hiding behind a “veil of ignorance” (Sandel, 1998:24) and adopts a more flexible approach. The Bouchard – Taylor Commission demonstrates
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According to Bouachard and Taylor, it is a creative and informal approach with the aim to dejudicialize and decentralize solutions (Bouchard and Taylor, 2008:10). It pays closer attention to the differences and variations of individuals and take's into account that they are indeed a situated subject, and not an abstract, nameless, faceless and bodiless one(Michael J. Sandel, 1998:21). It is essentially, a harmonization practice that has a greater respect and awareness for diversity and combats indirect discrimination caused by strict application of a norm which might infringe on a citizen's right to equality (Bouchard and Taylor, 2008:24). It is thus a form of arrangement, adjustment or relaxation of a rule or law to ensure equality. The rule of equality sometimes demands differential treatment...a treatment can be differential without being preferential (Bouchard & Taylor, 2008:23+25). it is a modulated, flexible conception that is more inclusive because it is more attentive to the diversity of situations and individuals (Bouchard & Taylor, 2008:26).


Social Norms and Ideologies Reasonable accommodation is the only avenue for minority groups to have their rights recognized seeing as a number of apparently neutral or universal norms in actual fact reproduce worldviews, social norms, and traditional ideologies of a majority culture or population (Bouchard & Taylor, 2008:25). The 'white' class in Canada, not only in the

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