Pursuing Equality through Positive Action

Apply and key information  

This project is funded by:

    • Department for the Economy (DfE)
    • Vice Chancellor's Research Scholarship (VCRS)

Summary

Equality is a complex, challenging and contested concept. While in principle almost no one challenges the goal of equality, closer inspection frequently reveals fundamental disagreement about what equality means, which groups or persons need equality protections and how to achieve equality.

Some jurisdictions, grappling with legacies of disadvantage and discrimination, have sought to pursue equality through the use of affirmative action, statutory duties and other forms of positive action.

In Northern Ireland we have experience of the use of affirmative action and monitoring in our fair employment legislation, as well as the Section 75 mainstreaming duty. More recently we are grappling with debates about reforming race relations legislation and equality legislation more broadly, and we face the prospect that the European Union (EU), long a driver of equality law reform has been working on issues of pay transparency, gender balance on boards, reform to equality bodies.

In this context we invite research proposals on ‘Pursuing Equality through Positive Action’. Applicants should develop their own research idea as a proposal.  Indicative projects might examine the effectivess of Section 75 mainstreaming duty, consider how the affirmative action model in fair employment might be expanded to other areas, consider how Northern Ireland could learn from developments in the EU or other jurisditictions (eg South Africa, Colombia).

The following are interested in supervising this project:

Prof Rory O’Connell, Dr Anne Smith, Dr Sarah Craig, Dr Claire Lougarre

Allocation of supervisors will be made during the selection process. The supervisory team will depend on the proposal. We welcome interdisciplinary proposals and may appoint supervisors from outside Law.

Applicants are encouraged to contact potential supervisors early to discuss draft proposals.

A proposal should be 2000-3000 words. Please see our guide to putting a proposal together.

For enquiries contact the Research Director for Law Dr Mark Simpson

Essential criteria

Applicants should hold, or expect to obtain, a First or Upper Second Class Honours Degree in a subject relevant to the proposed area of study.

We may also consider applications from those who hold equivalent qualifications, for example, a Lower Second Class Honours Degree plus a Master’s Degree with Distinction.

In exceptional circumstances, the University may consider a portfolio of evidence from applicants who have appropriate professional experience which is equivalent to the learning outcomes of an Honours degree in lieu of academic qualifications.

Equal Opportunities

The University is an equal opportunities employer and welcomes applicants from all sections of the community, particularly from those with disabilities.

Appointment will be made on merit.

Funding and eligibility

This project is funded by:

  • Department for the Economy (DfE)
  • Vice Chancellor's Research Scholarship (VCRS)

Our fully funded PhD scholarships will cover tuition fees and provide a maintenance allowance of £19,237 (tbc) per annum for three years* (subject to satisfactory academic performance).  A Research Training Support Grant (RTSG) of £900 per annum is also available.

These scholarships, funded via the Department for the Economy (DfE) and the Vice Chancellor’s Research Scholarships (VCRS), are open to applicants worldwide, regardless of residency or domicile.

Applicants who already hold a doctoral degree or who have been registered on a programme of research leading to the award of a doctoral degree on a full-time basis for more than one year (or part-time equivalent) are NOT eligible to apply for an award.

*Part time PhD scholarships may be available, based on 0.5 of the full time rate, and will require a six year registration period (individual project advertisements will note where part time options apply).

Due consideration should be given to financing your studies.

Recommended reading

Without being prescriptive please see below some literature applicants may find helpful depending on their own interests.

Albertyn C, 'Contested Substantive Equality in the South African Constitution: Beyond Social Inclusion Towards Systemic Justice' (2018) 34 (3) South African Journal on Human Rights 441-468

Albertyn C, 'Section 9 in a time of COVID: Substantive equality, economic inclusion and positive duties' (2021) South African Journal on Human Rights 1-25

Equinet, Exploring positive action as a means to fight structural discrimination in Europe (2022)

Equinet, Positive Action Measures: The Experience of Equality Bodies (2014)

Frantziou E and Craig S, 'Understanding the implications of article 2 of the Northern Ireland Protocol in the context of EU case law developments' (2022) 73 (S2) Northern Ireland Legal Quarterly 65-88

Fredman S, 'Positive Duties and Socio-Economic Disadvantage: Bringing Disadvantage onto the Equality Agenda' (2010) (3) European human rights law review 290-304

Fredman S, 'Providing Equality: Substantive equality and the positive duty to provide resources' (2005) 21 (2) South African Journal on Human Rights 163-190

McCrudden C, Buying Social Justice: Equality, Government Procurement, and Legal Change (Oxford University Press 2007)

O'Connell R, 'A Dialogue on Discrimination and Equality: The UK Supreme Court and Article 14 ECHR' in Brice Dickson and Conor McCormick (ed.) The Judicial Mind: A Festschrift for Lord Kerr of Tonaghmore (Hart Publishing 2022)

Reaume DG, 'Turning Feminist Judgments into Jurisprudence: The Women's Court of Canada on Substantive Equality' (2018) 8 (9) Oñati Socio-Legal Series

Smith A and McLaughlin E, 'Delivering Equality: Equality Mainstreaming and Constitutionalisation of Socio-economic Rights' (2010) 61 Northern Ireland Legal Quarterly 93

Smith A, 'Equality Constitutional Adjudication in South Africa' (2014) 14 (2) African Human Rights Law Journal 609-632

The Doctoral College at Ulster University

Key dates

Submission deadline
Monday 24 February 2025
04:00PM

Interview Date
week commencing 24 or 31 March 2025

Preferred student start date
15 September 2025

Applying

Apply Online  

Contact supervisor

Professor Rory O'Connell

Other supervisors