Treatment FAQ

how can equal treatment be discriminatory treatment

by Candida Ortiz Published 2 years ago Updated 2 years ago
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Violation of equal treatment means direct or indirect discrimination on the grounds of age, sexual orientation, disability, racial or ethnic origin, religion or beliefs.

Full Answer

What are the legal provisions of the right to equal treatment?

An overview of various legal provisions guaranteeing the right to equal treatment (or the prohibition of discrimination), including several provisions of the TFEU and the EU Charter of Fundamental Rights (Arts 18 and 19 TFEU and Art 21 CFR), is provided in chapter 8 (section II.B).

What does equal treatment mean in international treaties?

In addition some treaties contain equal treatment clauses requiring certain groups of aliens (refugees, stateless persons and migrant workers) to be granted particular rights on an equal footing with nationals.

Should unequal treatment be prohibited in society?

This form of unequal treatment is prohibited - or should be. You can make a distinction between people - also based on gender or skin color. It's not forbidden to have a preference for a man or a woman, for someone with a specific skin color or origin. It is just not allowed in situations where that distinction should actually not play a role.

What is prejudice and discriminatory treatment of others?

Yet, prejudicial and discriminatory treatment of others also reflects attitudes and behavior that are unfair, and involving unequal treatment of others.

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Is equal treatment fair treatment?

To sum up, fair treatment means you treat all your students in a non-discriminatory manner regardless of their race, color, national origin, sex, or disabilities. Conversely, equal treatment of students means you give everyone in your class the same opportunity to learn.

What is the equality of treatment?

Definition. The principle of equal treatment establishes that all people – and in the context of the workplace, all workers – have the right to receive the same treatment and not to be discriminated against on the basis of criteria such as age, disability, nationality, race and religion.

Is unequal treatment always discrimination?

No, not all unequal treatment is discrimination.

Does equality mean equal treatment?

227), moral equality can be understood as prescribing treatment of persons as equals, i.e., with equal concern and respect, and not the often implausible principle of providing all persons with equal treatment.

Why is equal treatment necessary?

1. The principle of equal treatment prohibits employers and legislators from treating similarly situated women and men differently because of their gender. are to assure women and men equal opportunities in the work place and to eliminate gender discrimination gradually.

Why is it important to have equal protection?

Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective. Thus, the equal protection clause is crucial to the protection of civil rights.

Should everyone be treated equally all the time?

Every human being should be treated equally according to their human rights. Humans rights is the belief that everybody should be treated equally and with dignity no matter what their circumstances; which means nobody should be tortured or treated in an inhuman or degrading way.

What does it mean to treat equals equally and unequals unequally?

According to Aristotle, “equals should be treated equally and unequals unequally”. This principle of equality states that individuals should be treated the same, unless they differ in ways that are relevant to the situation in which they are involved.

How do we discriminate some person from others?

Answer: Discrimination can be based on many different characteristics—age, gender, weight, ethnicity, religion, or even politics. For example, prejudice and discrimination based on race is called racism. Oftentimes, gender prejudice or discrimination is referred to as sexism.

What does right to equal treatment mean?

The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

What are some examples of equality?

15 Examples of Equality in Society#1. Racial equality. ... #2. Gender equality. ... #3. LGBTQ+ equality. ... #4. Marriage equality. ... #5. Equality for disabled people. ... #6. Income equality. ... #7. Equal employment access. ... #8. Religious equality.More items...

What does it mean for people to be equal?

If you say that people are equal, you mean that they have or should have the same rights and opportunities as each other. We are equal in every way. 4. countable noun. Someone who is your equal has the same ability, status, or rights as you have.

What is interpersonal victimization?

Interpersonal victimization, defined as the infliction of harm on others and the disregard of others’ physical and psychological welfare, has been examined in the context of aggression, bullying, and/or violence. Research on interpersonal victimization involves studying the psychological, situational, and biological characteristics ...

What does "protection must extend to all people" mean?

Protection must extend to all people. This means fair and equal treatment of all. Observe a position of neutrality—act with firmness—this is not belligerence or unreasonable force. After an order is given, it must be enforced for the preservation of the public peace and the carrying out of the traditional mission of protecting life and property to ensure the basic rights of all people.

What are fixed term workers rights?

The rights of fixed-term workers are also subject to specific protection in this region. As discussed above, the new equal treatment rights in the Republic of Korea extend to these workers. The new legislation also extends the permissible duration of fixed-term contracts from one to two years, but restricts their repeated renewal, requiring the employee to be treated as an indefinite employee after two years. In Japan, the law regulates the expiry of fixed-term contracts as a form of dismissal, thus allowing temporary workers protection from unfair dismissal laws. The courts have held that where these contracts have been repeatedly renewed and the workers concerned have significant expectations of continuing employment, reasonable grounds are needed to refuse an extension (Asakura, 2006 ). In contrast, a Supreme Court decision on workforce reductions has accepted that it is permissible for companies to dismiss temporary workers before seeking the voluntary retirement of regular employees (ibid.). 23 In China, concerns about the widespread use of fixed-term contracts have inspired new measures, contained in the recently enacted Labor Contract Law, which includes provisions to regulate fixed-term contracts by prohibiting them from being terminated before their expiry date, except for specified reasons. 24 In addition, during mass lay-offs, severance pay is required where contracts have expired and are not renewed.

Should there be equal treatment for all?

Whether hiring, promoting, or terminating people, there needs to be equal treatment for everyone. Even with dress codes, you need to have the same style of dress for both genders so it cannot be casual for men but “business” dress for women, or vice versa. We need to get away from outdated fashion standards where genders had major expectations for dress that become a stereotype. All job actions need to be handled without bias and in consistent ways.

Is morality a form of prejudice?

Intergroup exclusion, defined as exclusion based on group membership, such as gender, race, ethnicity, religion, nationality, or disability (and other categories), is often, but not always, viewed as a form of prejudice. Most of the research on intergroup exclusion examines the role of group norms, group identity, and various forms of implicit and explicit bias to understand the emergence, maintenance, and perpetuation of prejudicial and discriminatory attitudes. Yet, prejudicial and discriminatory treatment of others also reflects attitudes and behavior that are unfair, and involving unequal treatment of others. Only recently has intergroup exclusion and prejudice been investigated from the moral development viewpoint (see Killen & Rutland, 2011 ); prejudice involves the violation of moral judgments about prescriptive norms for how to treat others, and how children evaluate prejudice from a moral viewpoint has provided a new window into its origins.

I. INTRODUCTION: THE PROBLEM OF REVERSE DISCRIMINATION

A S EXPLAINED IN chapter 6, EU law operates on the premise that the right of free movement between EU Member States will be obstructed if it does not also include a right to family reunification.

A. Applicability of EU Non-discrimination Provisions

An overview of various legal provisions guaranteeing the right to equal treatment (or the prohibition of discrimination), including several provisions of the TFEU and the EU Charter of Fundamental Rights (Arts 18 and 19 TFEU and Art 21 CFR), is provided in chapter 8 (section II.B).

B. Differentiation Ground: Migrating Versus Non-migrating EU Nationals

As established earlier in this study (chapter 8, section II) differences in treatment must be based on a reasonable and objective justification so as not to amount to prohibited discrimination.

Can you make a distinction between people?

It is just not allowed in situations where that distinction should actually not play a role .

Is it normal to treat everyone equally?

In daily life we distinguish between people all the time, based on age, gender, background, you name it. We do not always treat everyone equally. Because everyone is not the same. So, it is normal to distinguish between people and to treat them unequally. In most cases, no one will care. But in some situations, it is not okay and even forbidden.

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