Discrimination

Discrimination occurs when people are treated less favourably than other people are in a comparable situation only because they belong, or are perceived to belong to a certain group or category of people. People may be discriminated against because of their age, disability, ethnicity, origin, political belief, race, religion, sex or gender, sexual orientation, language, culture and on many other grounds, including on several grounds at the same time. Discrimination, which is often the result of prejudices people hold, makes people powerless, impedes them from becoming active citizens, restricts them from developing their skills and, in many situations, from accessing work, health services, education or accommodation.

Discrimination has direct consequences on those people and groups being discriminated against, but it has also indirect and deep consequences on society as a whole. A society where discrimination is allowed or tolerated is a society where people are deprived from freely exercising their full potential for themselves and for society.

This section describes different faces of discrimination, the way it affects human rights, as well as the measures and initiatives that are underway or should be introduced to counter intolerance and discrimination and to contribute to a culture of peace and human rights. Some of the most pervasive forms of discrimination, such as discrimination based on disability, gender or religion, are also presented in more detail in other sections of this chapter.

The principles of equality and non-discrimination are laid down in the UDHR: "All human beings are born free and equal in dignity and rights" (Article 1). This concept of equality in dignity and rights is embedded in contemporary democracy, so states are obliged to protect various minorities and vulnerable groups from unequal treatment. Article 2 enshrines freedom from discrimination: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind".

The Council of Europe member states are also committed to non-discrimination in Article 14 of the European Convention on Human Rights. This article only gives protection from discrimination in relation to the enjoyment of the other rights set forth in the convention. Protocol 12 to the ECHR was drawn up to provide a stronger, free-standing right to equality and a general prohibition of discrimination: "The enjoyment of any right set forth by law shall be secured without discrimination on any ground…"1 Thus, this protocol broadens the scope of the ECHR as it covers discrimination in any legal right, even when that right is not specifically covered by the convention.