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Racial
discrimination as defined in international law is "any
distinction, exclusion, restriction or preference based on race,
colour, descent or national or ethnic origin which has the purpose
or effect of nullifying or impairing the recognition, enjoyment
or exercise, on an equal footing, of human rights and fundamental
freedoms in the political, economic, social, cultural or any other
field of public life."(1) Discrimination may be distinguished
from prejudice which is made up of unfavourable or discriminatory
attitudes (not actions) towards persons of different categories.
Racial, sexual and other types of discrimination can exist at the
level of personal relations and individual behaviour as well as
be institutionalised as legal or administrative policy. The term
discrimination refers to modern industrial societies characterised
by a generalized ideology of equality of opportunities and rights,
but which exclude from them certain categories of persons, sometimes
small minorities but often large and important ones or even majorities
such as women.(2)
Discrimination
is the selection for unfavourable treatment of an individual or
individuals on the basis of: gender; race, colour or ethnic or national
origin; religion; disability; sexual orientation; social class;
age (subject to the usual conventions on retirement); marital status
or family responsibilities; or as a result of any conditions or
requirements that do not accord with the principles
of fairness and natural justice. It can take a variety
of forms and may include the following:
- direct
discrimination, for example, refusing to admit as students,
employ or promote individuals because they are black, female,
disabled or because of their sexual orientation;
- indirect
discrimination, for example, setting age qualifications which
discriminate against women who have had periods away from work
because of family responsibilities.
"Discrimination"
and "Harassment" refer to intentional or unintentional
behaviour for which there is no reasonable justification. Such behaviour
adversely affects specific individuals or groups on the basis of
characteristics defined by the 1992 B.C. Human Rights Act. These
characteristics include age, race, colour, ancestry, place of origin,
political belief, religion, marital status, family status, physical
or mental disability, sex, sexual orientation, and unrelated criminal
convictions.
(1)
United Nations. The International Convention on the Elimination
of All Forms of Racial Discrimination, Article 1.
(2)
Seymour-Smith, C. 1986. Macmillan Dictionary of Anthropology. The
Macmillan Press. LTD
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