Indicator history

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Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?

Key Area:
Anti-discrimination Legislation & Implementation
Racism, Discrimination
15/02/2012 - 16:20
Short Answer

Yes, national law is in confirmity with the directives with regards to definition of discrimination on the grounds of race, ethnic origin and/or religion.

Qualitative Info

The Non-Discrimination Act (Section 6:1) defines direct discrimination as "the treatment of a person less favourably than the way another person is treated, has been treated or would be treated in a comparable situation" (Non-Discrimination Act, Section 6:1).


Indirect discrimination means "that an apparently neutral provision, criterion or practice puts a person at a particular disadvantage compared with other persons, unless said provision, criterion or practice has an acceptable aim and the means used are appropriate and necessary for achieving this aim." (Section 6:2).


Harrassment is defined as "the deliberate or de facto infringement of the dignity and integrity of a person orgroup of people by the creation of a intimidating, hostile, degrading, humiliating or offensive environment." (Section 6:3).


The Non-Discrimination Act also defines an instruction or order to discriminate as discrimination (Section 6:4)

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities
Type (R/D) Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Inter-ethnic, Intra-ethnic, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Anti-discrimination
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