Anti-discrimination law

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Westboro Baptist Church protest in the United States. The signs read "Thank God for 9/11", "Thank God for Improvised Explosive Devices" and "Our soldiers are fags".

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.

Anti-discrimination laws are rooted in principles of equality, specifically, that individuals should not be treated differently due to the characteristics outlined above. At the same time, they have often been criticised as violations of the inherent right of free association. Anti-discrimination laws are designed to protect against both individual discrimination (committed by individuals) and from structural discrimination (arising from policies or procedures that disadvantage certain groups). Courts may take into account both discriminatory intent and disparate impact in determining whether a particular action or policy constitutes discrimination.

International

Equality and freedom from discrimination are outlines as basic human rights by the Universal Declaration of Human Rights (UDHR). While the UDHR is not binding, nations make a commitment to uphold those rights through the ratification of international human rights treaties. Specific treaties relevant to anti-discrimination law include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination. In addition, the United Nations Sustainable Development Goal 10 and Goal 16 also advocates for international efforts towards eliminating discriminatory laws.

Exceptions

Where anti-discrimination legislation is in force, exceptions are sometimes included in the laws, particularly affecting the military and religious organizations.

Military

In many nations with anti-discrimination legislation, women are excluded from holding certain positions in the military, such as serving in a frontline combat capacity or aboard submarines. The reason given varies; for example, the British Royal Navy cite the reason for not allowing women to serve aboard submarines as medical and related to the safety of an unborn foetus, rather than that of combat effectiveness.

Religious organizations

Some religious organizations are exempted from legislation. For example, in Britain the Church of England, in common with other religious institutions, has historically not allowed women to hold senior positions (bishoprics) despite sex discrimination in employment generally being illegal; the prohibition was confirmed by a vote by the Church synod in 2012.

See also

• List of anti-discrimination acts
• Labour law
• Discrimination (Employment and Occupation) Convention (ILO Convention No. 111)
• Anti-discrimination laws in Brazil
• Employment equity (Canada)
• Employment discrimination law in the United States
• Employment discrimination law in the United Kingdom
• History of women in the military
• LGBT rights by country or territory
• Public accommodations
• Reasonable accommodation

External links

• Handbook on European non-discrimination law Archived 2012-07-24 at the Wayback Machine, Fundamental Rights Agency, 2011

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