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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

De Facto Discrimination

Mais Qandeel

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Gender discrimination — International human rights treaties — Racial discrimination

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 Substantive forms of discrimination continue to take place in practice even if discrimination as such is formally prohibited by law; this is referred to as de facto discrimination. Some groups are subjected to substantive discriminatory practices manifested in various ways, such as unequal access to justice, education, healthcare, fair pay, employment, housing, and other resources and opportunities (right to education; right to housing; right to health). These discriminatory practices might be based on grounds of race, sex, gender, colour, religion, language, or...
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