Session1. Discrimination’s definition Discrimination consists in treating a person unfavourably on the grounds of: –age, gender, origin, disability or.

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Presentation transcript:

Session1. Discrimination’s definition Discrimination consists in treating a person unfavourably on the grounds of: –age, gender, origin, disability or health condition, sexual orientation, political, union or religious views, etc. It is more than unequal / illegitimate treatment because unfavourable different treatment –needs to be illegitimate, AND –& based on a criterion that by law may not serve as the basis for distinguishing persons legally

Session1. Types of discrimination Direct discrimination = different treatment to persons in the same situation, based on a certain criterion Indirect discrimination = identical treatment to people in different situations – An arrangement or practice that appears “ neutral ” might actually entail disadvantages to persons who meet one or more criteria Legal discrimination  discrimination in practice (or systemic discrimination)

Session1. Discrimination criteria It is prohibited to treat someone unfavourably based on criteria related to: – his or her being – i.e., gender, nationality, race or ethnic origin, handicap or age – – or behaviour – religion or sexual orientation Question: what are the main criteria of discrimination?

ILO Conv° N.111 European convention on HR Article 14 Treaty establishing the EC Article 13 International Covenant on E/S/C Rights Article 2 Charter of fundamental rights of EU Article 21 Race, ethnic origin Colour Sex Religion, convictions Political/other opinion National extraction Social origin Language National minority Property, fortune Birth Disability Age Sexual orientation Genetic features Criteria Source

Session1. Highlighting discrimination Question: how do you highlight direct and indirect discrimination?

Session1. Discovering or highlighting discrimination Intentional or explicit discrimination is rarely encountered Identifying unfavourable treatments –Question is: Would this person would have received the same treatment if he or she did not meet this criterion? Examining the practice/policy/law/system that produces the discrimination by focus-sing only on the effects that are produced –Question is: Does this system has a negative actual or potential effect on these people because of their meeting a certain criterion?