National origin

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National origin is the nation where a person was born, or where that person's ancestors came from. It also includes the diaspora of multi-ethnic states and societies that have a shared sense of common identity identical to that of a nation while being made up of several component ethnic groups. National origin can be the same, different from, or a combination of a person's national identity, which is the nation with which a person subjectively identifies with; in some cases, such as children born to expatriates, temporary residents or diplomatic and consular staff, a person may not identify with the nation in which they were born. National origin and national identity which can be tied to each other should also be distinguished from a person's nationality or citizenship which is a legal status in which a sovereign state recognizes someone as belonging to their country.

Discrimination

In Europe, discrimination against a person on the basis of national origin is considered a type of racial discrimination. [1] The UK's Race Relations Act 1976 names discrimination on the basis of national origin as discrimination on racial grounds. [1] The European Union's Racial Equality Directive prohibits discrimination on the basis of national origin. [1]

In the US, it is illegal to discriminate against a person on the basis of national origin in education, employment, housing, lending, or other specified areas. [2] For example, employers cannot refuse to hire job applicants or treat employees differently because of where they were born, their ancestry, their culture, the languages they speak, or speaking with an accent. [2] Workplace rules that require employees in the US to speak only English on the job can be a form of discrimination on the basis of national origin, but employers may have a legitimate business need for employees to speak English at work, such as to provide adequate supervision or to prevent the isolation and alienation of employees and customers that do not speak the same non-English language. [3]

Under Australian law, discrimination on the basis of national origin is illegal, whereas discrimination on the basis of nationality or citizenship is not; national origin is determined only by the situation at an individual's time of birth (their birthplace or the national origin of their parents), not by factors subsequent to their birth (such as naturalisation or Renunciation of citizenship). [4]

Related Research Articles

Discrimination Prejudicial treatment based on membership in a certain group

Discrimination is the act of making unjustified distinctions between human beings based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group.

Nationality is a legal identification of a person in international law, establishing the person as a subject, a national, of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the state against other states.

<i>Jus sanguinis</i> Principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state

Jus sanguinis is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli, which is solely based on the place of birth.

Racial discrimination is any discrimination against any individual on the basis of their skin color, or racial or ethnic origin. Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain group. Governments can discriminate in a de facto fashion or explicitly in law, for example through policies of racial segregation, disparate enforcement of laws, or disproportionate allocation of resources. Some jurisdictions have anti-discrimination laws which prohibit the government or individuals from discriminating based on race in various circumstances. Some institutions and laws use affirmative action to attempt to overcome or compensate for the effects of racial discrimination. In some cases, this is simply enhanced recruitment of members of underrepresented groups; in other cases, there are firm racial quotas. Opponents of strong remedies like quotas characterize them as reverse discrimination, where members of a dominant or majority group are discriminated against.

Immigration and Nationality Act of 1965 American immigration law

The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act, is a federal law passed by the 89th United States Congress and signed into law by President Lyndon B. Johnson. The law abolished the National Origins Formula, which had been the basis of U.S. immigration policy since the 1920s. The act removed de facto discrimination against Southern and Eastern Europeans, Asians, as well as other non-Northwestern European ethnic groups from American immigration policy.

In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. On November 12, 2018, the United Nations High Commissioner for Refugees stated there are about 12 million stateless people in the world.

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.

Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.

French nationality law Law of nationality in France

French nationality law is historically based on the principles of jus soli and jus sanguinis, according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.

Form I-9 United States employment eligibility verification form

Form I-9, officially the Employment Eligibility Verification, is a United States Citizenship and Immigration Services form. Mandated by the Immigration Reform and Control Act of 1986, it is used to verify the identity and legal authorization to work of all paid employees in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.

Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.

Race Relations Act 1976 Act of Parliament of the United Kingdom

The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions.

This article deals primarily with the nature of Italian citizenship from the time of unification to the present. It is concerned with the civil, political, and social rights and obligations of Italian nationals and addresses how these rights and obligations have been changed or manipulated throughout the last two centuries.

Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.

A protected group, protected class (US), or prohibited grounds (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment. Where illegal discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on more than one protected class. For example, discrimination based on antisemitism may relate to religion, ethnicity, national origin, or any combination of the three; discrimination against a pregnant woman might be based on sex, marital status, or both.

The Human Rights Tribunal of Ontario is an administrative tribunal in Ontario, Canada that hears and determines applications brought under the Ontario Human Rights Code, the provincial statute that sets out human or civil rights in Ontario prohibiting discrimination on the basis of a number of grounds in certain social areas. It is one of the 14 adjudicative tribunals overseen by the Ministry of the Attorney General that make up Tribunals Ontario. Any person who believes they have been discriminated against under the Human Rights Code may bring an application to the Tribunal.

Discrimination comprises "base or the basis of class or category without regard to individual merit, especially to show prejudice on the basis of ethnicity, gender, or a similar social factor". This term is used to highlight the difference in treatment between members of different groups when one group is intentionally singled out and treated worse, or not given the same opportunities. Attitudes toward minorities have been marked by discrimination historically in the United States. Many forms of discrimination have come to be recognized in U.S. society, on the basis of national origin, race, gender and sex in particular. In the United States of America, who faced discrimination

Syrian nationality law

Syrian nationality law is the law governing the acquisition, transmission and loss of Syrian citizenship. Syrian citizenship is the status of being a citizen of the Republic of Syria and it can be obtained by birth or naturalization. The Syrian Nationality Law was enacted in 1969, by Legislative Decree 276.

Hate speech is defined by the Cambridge Dictionary as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".

References

  1. 1 2 3 Schiek, Dagmar; Waddington, Lisa; Bell, Mark; Choudhury, Tufyal; Schutter, Olivier De; Gerards, Janneke; QC, Aileen McColgan; Moon, Gay (2007-08-31). Cases, Materials and Text on National, Supranational and International Non-Discrimination Law: Ius Commune Casebooks for the Common Law of Europe. Bloomsbury Publishing. ISBN   978-1-84731-697-4.
  2. 1 2 Federal Protections Against National Origin Discrimination. U.S. Department of Justice, Civil Rights Division. 2001.
  3. Notestine, Kerry E.; Section, American Bar Association Tort and Insurance Practice (2000). Fundamentals of Employment Law. American Bar Association. pp. 63–64. ISBN   978-1-57073-806-7.
  4. "National Origin | Australian Human Rights Commission". humanrights.gov.au. Retrieved 2021-04-02.