The principle of non-discrimination
The word discrimination comes from the Latin verb discriminare , meaning “to separate, segregate, demarcate, distinguish”.
The definition formulated in theUniversal Declaration of Human Rights of 1949 is still considered dominant today. According to this definition, discrimination is behavior that is based on a distinction made on the basis of natural or social categories that have no relation to the individual’s abilities or merits or to the specific behavior of the individual person.
We all have the right to be treated equally, regardless of our:
according to Article 1 of the Convention on the Elimination of All Forms of Racism (CERD).
Equality is a principle that is deeply rooted in human ethics. It is protected by the principle of non-discrimination, which is a recurring and prevailing principle in the numerous human rights treaties of the international and European human rights protection system.
Through its membership of the United Nations and the Council of Europe, Germany has committed itself to the international and European human rights treaties. The resulting individual rights and obligations of the state are binding under international law and must be implemented.
The principle of non-discrimination is a fundamental component of the protection of human rights. It is guaranteed by Article 14 of the European Convention on Human Rights and strengthened by Protocol No. 12, which generally stipulates that no one may be discriminated against by a public authority on any pretext whatsoever.
As a member of the European Union, Germany has also signed up to the EU Charter of Fundamental Rights.
Article 21 – Non-discrimination
- Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
- Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.
Equality means that all people have the same human rights. This is also stated in the Basic Law of the Federal Republic of Germany – Article 3 I “All people are equal before the law.”
The aim of all these legal provisions on non-discrimination is to enable equal and fair access to social participation for all people.
The principle of non-discrimination means that people or groups of people who are in similar circumstances must not be disadvantaged on the basis of certain characteristics (race, skin colour, gender, nationality, language, religion, disability, age, etc.)
Discrimination is any unequal treatment of a person that is unrelated to their individual abilities or merits or to their specific behaviour.
Unequal treatment occurs when one person or group of people is disadvantaged in comparison to another person or group of people, even though they are in the same or a comparable situation.
Unequal treatment can be an act, a decision, a rule or a law that, for example, has a discriminatory, exclusive or restrictive effect on a person or a group of people. The result of such unequal treatment is that this person or group of people cannot enjoy their human rights or experience a significant disadvantage in enjoying their human rights.