June 08, 2018

UK guidebook tells judges "To treat some persons equally we must treat them differently."


The Judicial College of the U.K. is the organisation that trains judges in Britain.  If it says something, smart judges or those aspiring to be judges know that this is what they have to do.

And they've now updated a thing called the Equal Treatment Guide.   And here's what the latest edition says: “True equal treatment may not … always mean treating everyone in the same way.”  Here's the lede from their own f'n webpage:
The Equal Treatment Bench Book has been ... improved. It aims to increase... understanding of the different circumstances of people appearing in courts and tribunals.
Hey, who could possibly object to "enabling effective communication," eh citizen? 
This latest edition of the Equal Treatment Bench Book cites...the experiences of different communities living in Britain today.  It is full of practical guidance aimed at helping make the court experience more accessible for parties and witnesses who might be uncertain, fearful or feel unable to participate. It includes new and expanded sections on litigants in person, refugees, modern slavery, Islamophobia and anti-Semitism.

There are practical tips on communicating with those speaking English as a second language or through interpreters, communicating with people with mental disabilities, a guide to different naming systems, and latest views on acceptable terminology.
Quoting former U.S. Supreme Court Justice Blackmun, the Equal Treatment Bench Book states: “In order to get beyond racism, we must first take account of race.
“There is no other way. And in order to treat some persons equally, we must treat them differently.”
Uh...sure!  No doubt about it.  As Orwell deftly put it
"All animals are equal. 
Some animals are more equal than others."
Most of the "judicial guidance" is on how much extra protection and deference judges should give "south Asians" (brit for Muslims).  But interestingly, the word “transgender” appears 232 times in the guidance, showing how strongly the authors want judged to give special protection and deference to transgenders.

Just remember, citizen:  “There is no other way.  In order to treat some persons equally, we must treat them differently.”

Orwell would understand, perfectly.

H/T Breitbart.

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