WHAT MEANS DISCRIMINATION IN A NORMAL SOCIETY WITH CLEAR RULES?
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The concept of discrimination is relatively new which has already issued various interpretations and approaches. Discrimination manifests itself on various criteria such as gender, religion, race and others. We arrived in such a point that the idea of indirect discrimination was pointed out provided that certain act or deeds affect the person who may be discriminated. The present study intends to analyse the concept of discrimination, the persons affected by this kind of behaviour and how the legislation tries to correct the human conduct in order not to affect the dignity of individuals. All concepts from legislation are analysed under the precedent of the Romanian authority empowered to sanction the discrimination deeds. Also, we analyzed the issue of discrimination from the point of view of the Council for Combating Discrimination, the sole authority competent to pronounce on first instance if we face of an act or deed of discrimination nature which could affect human values that characterize an individual. The study starts from the presentation of general concepts as they are taken into account by the legislation, but also by the case-law of the National Council for Combating Discrimination or of the domestic or international courts. Starting from this general concept, we finally reached the particularization of certain specific situations of discrimination. Despite this, the analysis was always performed in relation to concepts clearly established, as we have shown, by the legislation or by the case-law.
Authors and Affiliations
Marta-Claudia CLIZA
Keywords
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