Non-Discrimination

Federal Ministry for Foreign Affairs of Austria © 2006

Non-Discrimination

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 2 of the Universal Declaration of Human Rights © 2006

Non-Discrimination Definition

►Discrimination is

any

distinction, exclusion, restriction or preference aimed at the denial or refusal of equal rights and their protection ►Discrimination is the denial of the principle of equality ►Discrimination is an affront to human dignity.

© 2006

Non-Discrimination Elements of Discrimination 1. Actions

that are qualified as discriminatory such as distinction, exclusion, restriction or preference.

2. Causes

of discrimination, personal characteristics such as race, colour, descent, national/ethnic origin, gender, age, physical integrity, religion, belief, etc.

3. Purpose and/or consequences

of discrimination with the aim or effect to prevent a person from enjoying her/his human rights and fundamental freedoms.

© 2006

Non-Discrimination Forms of Discrimination

►Direct Discrimination: a person or group of persons is treated less favourably than another is, has been or would be treated in a comparable situation.

►Indirect Discrimination: an apparently neutral provision or measure puts a person or group at a disadvantage compared to others.

►Positive Discrimination or Affirmative Action: a temporary, special governmental measure to reach de facto equality and to overcome institutional forms of discrimination. © 2006

Non-Discrimination Actors of Discrimination

►States: both positively with the enactment of laws to prosecute discrimination and negatively as the perpetrator ►Non-state Actors: as perpetrators as well as lobbyists for strengthened laws to prosecute discriminations ►Individuals: as victims and as perpetrators © 2006

Non-Discrimination Racism

►No universally accepted definition exists ►Discussion on the use of the word “race” or “racial” is lead vigorously ►Racism exists and manifests itself at different levels: -

personal level

: attitudes, values beliefs -

interpersonal level cultural level institutional level

practices : values and norms of social conduct : laws, customs, traditions and © 2006

Non-Discrimination Challenges and Responses

►A classical example for racism is the former

Apartheid

System of South Africa with an institutionalized form of racism and racial discrimination ►

International Convention on the Elimination of All Forms of Racial Discrimination of 1965 (ICERD)

represents the international tool to combat racial discrimination, racism,… © 2006

Non-Discrimination Other Forms

►Xenophobia: morbid fears of foreigners or foreign countries ►Intolerance: an attitude, feeling or belief which shows the contempt for other individuals based on their race, colour, national origin, gender, sexual orientation, political or religious belief… ►Prejudice: antipathy based on faulty and inflexible generalization © 2006

Non-Discrimination Implementation and Monitoring

►Committee on the Elimination of Racial Discrimination may receive - state reports - state-to-state complaints - petitions of individuals ►Anti-Discrimination and Anti-Discrimination Ombudspersons ►Regional laws such as the EC directives 2000/78/EC and 2000/43/EC © 2006

Non-Discrimination Good Practices and Trends

►Public efforts: anti-discrimination clauses in public procurement contracts as implemented by the Swedish government ►Local efforts gone international: UNESCO International Coalition of Cities against Racism ►Racism on the Internet is rising ►Islamophobia after 11 September 2001 © 2006

Non-Discrimination Chronology 1945 1948 1960 1965 1973 1978 1978 1983

Charter of the United Nations UN Universal Declaration of Human Rights UNESCO Convention against Discrimination in Education International Convention on the Elimination of All Forms of Racial Discrimination International Covenant on the Suppression and Punishment of the Crime of Apartheid UNESCO Declaration on Race and Racial Prejudice 1st World Conference to Combat Racism and Racial Discrimination, Geneva 2nd World Conference to Combat Racism and Racial Discrimination

2001

3rd World Conference Against Racism and Racial Discrimination, Xenophobia and Related Intolerance

2004/5

Anti-discrimination laws for the private sector in the EU

2005

Protocol N ° 12 to the ECHR comes into force © 2006