I appreciate this is a different form of discrimination but I have recently observed an employment tribunal
Judge be deeply offensive and upsetting to a woman with serious breast cancer requesting she get on a call with him and her toxic employers (all men) to ‘discuss how her breast cancer impacts on her’ to approve a postponement - the most sensitive details ..following s mastectomy and despite being in the middle of the most harsh life saving cancer treatment/ chemotherapy etc all fully and robustly evidenced by several medical consultants who called the request ‘Exhibitionist’ so what is our legal profession about ? Can someone explain such barbaric behaviour to me ? As no one thinks it’s ok .. he was supportive of her employers tactics to intimidate and upset her - knowing it was having a detrimental impact on her health during treatment- the stress of their toxic conduct to oust her had already damaged her heart dud to the well known risks / the judge was fully and d
Extensively informed throughout - it was robustly and continuously evidenced by several consultants- I truly can’t get over it and feel it should be dealt with as a serious complaint on behalf of the client .. why do so many cases have to go to appeal to receive justice - too many of our judges are not up to standard - Do not represent decency are not sufficiently familiar with law it appears and we need an oversight body to be able to lodge complaint asap. The days of great judges like Denning etc are long gone. It is just not acceptable.
The Judicial System is institutionally racist.... That is a very large claim and I admit to a degree of scepticism. I am an old white, privately educated male and so I may be going where angels fear to tread here, but hey... I am a lawyer and I am used to being abused.
Have I seen behaviour from Judges which I consider might have amounted to racism - yes I have - a couple of times in 18 years. Might I miss racism on the basis I am not sensitive to it? Of course. Are there racist Judges? I don't know any but on the basis of simple probability it would seem likely. Should we tolerate it? No.
Have I seen anything which might amount to "institutional racism?" No I haven't , a few racist judges does not institutional racism make.
There does not appear to be an agreed definition of what institutional Racism is (I found 4) But it appears to be an acceptance or tolerance of racism by a group or organisation. I find it very difficult to believe that the Judiciary accepts or tolerates racism since that is the antithesis of what Judges are supposed to be about. Certainly none of the judges I know would find any form of racism acceptable.
I wonder about the sample in the survey here. How was it selected? It would be very easy to get a biased sample in research like this. I want to see their methodology..
Don't get me wrong, I am sure the respondents answered truthfully and I unhesitatingly condemn any member of the judiciary who treats a person less favourably because of their ethnicity . I imagine most judges would be horrified to think they might have treated someone differently on this basis and would welcome appropriate training. Increasing access to recording seems a good idea as does checking the appointments process to ensure that it does not embed racial bias.
But Institutionally racist - I remain to be convinced.
I haven't read the report so I won't comment on its findings. I do, however, wonder how anyone can even pretend to be in favour of harmony between people groups when every opportunity is taken to use race as a dividing line between us (we are all people at the end of the day). Why, for example, does the author of this article constantly capitalise the first letter of the word 'black'? If it were a simple product of poor grammar, one would expect the same error to occur with the word 'white' but, of course, it doesn't.
Similarly, I don't think it washes to dismiss the experiences of others if they are not the same as one's own and call those people 'closet racists'. It is true that such surveys are, to an extent, largely self-selecting and it may be equally true that others have had different experiences. Why do we have to resort to name-calling rather than persuasive dialogue? Aren't we better than that? Shouldn't we strive to be?
Commented on:
2022-10-19T12:56:29.067
A depressing report, with no surprises from those who practice in the justice system. For over 25 years I have seen people from minority ethnic groups receive unfavourable treatment -and backed by the stats- 2o times more likely to be stopped and searched, more likely to be arrested, more likely to be charged for a first offence rather than cautioned, more likely to be convicted, and usually receiving a longer sentence. Do people think these outcomes are a statistical blip without a cause?
Equally no surprise that on the publication of a report highlighting the issues, the closet racists are out making excuses , some clearly haven’t read the report, some have but choose to ignore it’s inconvenient findings.
I've been involved with civil and (occasionally) criminal litigation on behalf of all creeds and colours since the late 80s. In all that time, I can only recall one racist comment by one judge, which comment shocked everyone who heard it and which lead to immediate and serious action against the said judge.
That's not to say there aren't instances of racism or to try to invalidate anyone else's experience. It is, however, my experience.
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