ANTI-DISCRIMINATION LAWS AROUND THE WORLD

ANTI-DISCRIMINATION LAWS AROUND THE WORLD

Author- Shraddha Vemula, a student at Symbiosis Law School, Hyderabad.

Legislation intended to stop discrimination against specific groups of persons is known as anti-discrimination law or non-discrimination law; these groups are referred to as safeguarded categories or protected classes. The sorts of unfair treatment which are illegal as well as those categories that are protected by anti-discrimination laws differ by jurisdiction. Typically, these laws are intended to stop discrimination in housing, employment, education, and other spheres of daily life including public spaces. Such laws prevail in almost all countries that work for the welfare of their citizens. There are certain international legislations in this regard for various international bodies and the member states of such international organizations are required to abide by such laws. Here is a list of such laws from across the globe: 

International Laws - In accordance with the Universal Declaration of Human Rights (UDHR), equality and freedom from discrimination are fundamental human rights. Despite the fact that the UDHR isn't legally binding when a country ratifies an international human rights treaty, it pledges to protect those rights. 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 are some of the specific treaties that are relevant to anti-discrimination law. Additionally, the Sustainable Development Goals 10 and 16 of the UN call for worldwide action to repeal discriminatory policies.

India – India has enacted the following laws to prevent discrimination:

• The Equal Remuneration Act of 1976 – Men and women to get equal remuneration

• Articles 14 to 18 of the Constitution prohibit discrimination.

• 1860 (Section 153 A) restricts the use of derogatory language towards a particular group of people.

• The Mental Healthcare Act of 2017 criminalizes denial to grant health care on any grounds

• Hindu Succession Act, 1956 provides equal rights of succession to sons and daughters.

• The SC and ST (Prevention of Atrocities Act), 1989 prohibits discrimination on the basis of caste.

• Transgender Persons (Protection of Rights) Act, 2019 protects transgenders from discrimination.

Australia – Australia has the following anti-discriminatory legislation across various provinces:

• Age Discrimination Act, of 2004 prohibits discrimination on the basis of age.

• The Disability Discrimination Act 1992 prohibits discrimination on the basis of physical disabilities.

• The Racial Discrimination Act 1975 prohibits discrimination on the basis of race.

• The Australian Human Rights Commission Act 1986 articulates the rights and responsibilities of the Human Rights Commission. 

• The Sex Discrimination Act 1984 prohibits discrimination on the basis of gender.

Britain – The UK has the following anti-discrimination legislations: 

• The Sex Discrimination Act, 1975

• Race Relations Act, 1976

• The disability discrimination Act, 1995  

•   The equality Act, 2010

Canada - The Canadian Human Rights Act forbids discrimination in employment and freedom provided by federal agencies.

European Union – The European Union has the following categories of rights against discrimination:

• Directive 2000/43/EC prohibiting racial and ethnic origin-based discrimination.

• Directive 2000/78/EC prohibition against workplace discrimination based on sexual orientation, age, handicap, or religion or belief.

• Directive 2006/54/EC Equal opportunity for men and women in issues of work and occupation is mandated under.

• Directive 2004/113/EC Equal treatment for men and women in the access to and provision of goods and services is mandated under.

• Proposed directive COM(2008)462 prohibiting discrimination on the basis of age, disability, sexual orientation, and religion or philosophical beliefs outside of the workplace.