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“De facto” means a commonly accepted practice without legal status. It’s used in politics, government, and sociology to describe situations of dubious legality or morality. De facto standards often reflect common views on discrimination, making it difficult to challenge and fight.
The phrase “de facto” is Latin for “indeed”. It is used to describe a commonly accepted practice that has no legal or official status. For example, English is the de facto language of Australia, meaning it has no formal legal status, but most citizens speak English and English is used in government documents. Conversely, something mandated or authorized by law is said to be “de jure” or “in law.”
This phrase is used in a variety of ways, including politics, government, and sociology. Many people use the term to refer to situations of dubious legality or morality. For example, the United States has endured decades of de facto racism after several laws were passed in an attempt to outlaw racial prejudice. Racism has lasted so long in some regions of the United States because it had become common practice and legislation alone was not enough to end racism.
It is quite common to see a de facto standard, a tradition that is followed without any legal basis. For example, many companies have de facto hiring standards that aren’t explicitly stated, such as a preference for employees who look a certain way. In some cases, such a standard may be illegal, but since it has not been formalized, it is difficult to prosecute.
De facto standards often reflect common views on women, racial minorities and the disabled. Because many people in a society may share these ideas, it can be difficult to identify patterns that suggest a government or industry is using such a standard, making it difficult to challenge the standard. In countries where laws exist to prevent or reduce discrimination, many people are also very careful to avoid disclosing the existence of a de facto standard. For example, if a company decides it does not want to hire women for a certain position, it will find legitimate excuses to reject women’s job applications so that it cannot be accused of discrimination.
Activists fighting discrimination often say that discrimination is actually the hardest to fight. De jure discrimination can be eliminated by rewriting or eliminating old laws and creating new ones to address the changing face of society. However, when the letter of the law is not backed up by common practice, citizens can see little difference after a fight to eliminate de jure discrimination.
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