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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Direct and Indirect Discrimination

Jimena Suarez Ibarolla, Gautam Bhatia

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 29 October 2020

Subject(s):
Gender discrimination — International human rights treaties — Bill of rights — Racial discrimination

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1 The right against discrimination is a staple feature of most contemporary constitutional democracies. It flows from the more abstract right to equality. In particular, it stipulates that unequal or disadvantageous treatment against certain social groups, or on certain grounds, is normatively significant and stands in need of particular justification. Discriminatory acts, practices, and policies, then, are those that ‘wrongfully impose a relative disadvantage or deprivation on persons based on their membership in some salient social group … [where] the...
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