Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, religion, physical attractiveness or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statues based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group.
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
Egalitarianism, or equalitarianism, is a school of thought within political philosophy that builds on the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all humans are equal in fundamental worth or moral status. As such, all citizens of a state should be accorded equal rights and treatment under the law. Egalitarian doctrines have supported many modern social movements, including the Enlightenment, feminism, civil rights, and international human rights.
Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before a court.
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology.
Equality of outcome, equality of condition, or equality of results is a political concept which is central to some political ideologies and is used in some political discourse, often in contrast to the term equality of opportunity. It describes a state in which all people have approximately the same material wealth and income, or in which the general economic conditions of everyone's lives are alike.
Equal opportunity is a state of fairness in which individuals are treated similarly, unhampered by artificial barriers, prejudices, or preferences, except when particular distinctions can be explicitly justified. For example, the intent of equal employment opportunity is that the important jobs in an organization should go to the people who are most qualified – persons most likely to perform ably in a given task – and not go to persons for reasons deemed arbitrary or irrelevant, such as circumstances of birth, upbringing, having well-connected relatives or friends, religion, sex, ethnicity, race, caste, or involuntary personal attributes such as disability, age. According to proponents of the concept, chances for advancement should be open to everybody without regard for wealth, status, or membership in a privileged group. The idea is to remove arbitrariness from the selection process and base it on some "pre-agreed basis of fairness, with the assessment process being related to the type of position" and emphasizing procedural and legal means. Individuals should succeed or fail based on their efforts and not extraneous circumstances such as having well-connected parents. It is opposed to nepotism and plays a role in whether a social structure is seen as legitimate. The concept is applicable in areas of public life in which benefits are earned and received such as employment and education, although it can apply to many other areas as well. Equal opportunity is central to the concept of meritocracy. There are two major types of equality:
The term "minority group" has different usages, depending on the context. According to its common usage, the term minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number of individuals, or less than half, is a "minority". Usually a minority group is disempowered relative to the majority, and that characteristic lends itself to different applications of the term minority.
Substantive law is the set of laws that governs how members of a society are to behave. It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law, substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure.
Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing different behaviors, aspirations and needs equally, regardless of gender.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health.
Liberal democracy, Western-style democracy, or Substantive democracy is a form of government that combines the organization of a representative democracy with ideas of liberal political philosophy.
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law". The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopædia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
State feminism is feminism created or approved by the government of a state or nation. It usually specifies a particular program. The term was coined by Helga Hernes with particular reference to the situation in Norway, which had a tradition of government-supported liberal feminism dating back to the 1880s, and is often used when discussing the government-supported gender equality policies of the Nordic countries, that are linked to the Nordic model. The term has also been used in the context of developing countries where the government may prescribe its form of feminism and at the same time prohibit non-governmental organizations from advocating for any other feminist program. In this sense it is possible to distinguish between a liberal state feminism found in Western democracies such as the Nordic countries, and a somewhat more authoritarian state feminism that is often also linked to secularism, found e.g. in certain Middle Eastern countries.
The Declaration of Principles on Equality reflects a moral and professional consensus among human rights and equality experts done in December 2008. It contains 27 principles that establish a new paradigm on equality, drawing on established and emerging principles of international law. It has been described by the High Court of Delhi as reflecting the ‘current international understanding of Principles on Equality.’
International legal theory, or theories of international law, comprise a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance. Other approaches focus on the problem of the formation of international rules: why states voluntarily adopt international legal norms, that limit their freedom of action, in the absence of a world legislature. Other perspectives are policy oriented; they elaborate theoretical frameworks and instruments to criticize the existing rules and make suggestions on how to improve them. Some of these approaches are based on domestic legal theory, others are interdisciplinary, while others have been developed expressly to analyse international law.
Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services.
Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.
Article 14 of the European Convention on Human Rights lists the prohibited grounds against which discrimination in illegal. The text states that
"The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
