The first thing you need to include in your discrimination essay is the notion of this concept. Discrimination is a restriction of the rights and duties of a person on a certain basis.
The question of what is and what is not discrimination is confusing and does not have a unique solution. Traditionally, discrimination was understood as the restriction of rights on grounds that are not acceptable and appropriate in the circumstances in which they occur, but the acceptability itself does not have an exact definition. Usually it is considered unacceptable to restrict rights on grounds that do not objectively affect a person’s ability to exercise these rights. The following concepts do not usually directly affect a person’s ability to perform a certain job, therefore, they are not justified in determining the issue of employment, and can be considered discrimination:
Restriction of rights can be based on the following:
As a sign, any significant difference of a person, for example, race, nationality, citizenship, kinship, gender, religious beliefs, sexual orientation, age, disability, occupation, health status can act.
ICERD determines racial discrimination as any recognition, restriction, exclusion or preference founded on race, color, descent, ethnic or national origin, having the objective or effect of destroying or weakening the recognition, use or exercise fundamental freedoms and human rights on equal rights in the economic, political, cultural, social, or any other areas of life.
The Convention requires participating states to prohibit racial discrimination by any person, group or organization and put an end to it using all appropriate means. Racial discrimination continues to exist in almost every society and leads to numerous violations of human rights. It is often accompanied by other forms of discrimination, such as discrimination based on gender or age. AI (Amnesty International) opposes grave violations of the right not to be subjected to racial discrimination. The organization works to free prisoners of conscience who are deprived of their liberty because of race, tribal, national or ethnic origin, and also solve the cases where racial discrimination is one of the components of the following:
AI stands up for the victim if, due to racial discrimination, the authorities refuse to restore justice, strengthening the sense of impunity for those who violate human rights. The movement also intervenes when asylum-seekers are denied in their request due to racial discrimination. It condemns discriminatory legislation that makes these violations possible, and calls on countries to ratify and implement regional and international human rights instruments that prohibit all forms of discrimination.
Age and sex discrimination is most often associated with the labor market. At the first interview, first of all the candidates are selected for simple obvious characteristics:
The presence of age discrimination is best seen in sales. Men and women, due to their different physiology, may be more or less suitable for a particular job: women are on the average physically weaker, and if there are harmful factors in production, they are more at risk of adverse consequences in offspring. They are better suited for work, requiring prolonged concentration of attention or increased demands for tactile sensitivity. Because of this, restrictions on admission to certain work on the basis of gender may not be recognized by discrimination. Similarly, the restriction of the rights of children, people with disabilities, and persons with mental disabilities sometimes finds a justification, which denies the imposition of such restrictions on discrimination. The same opinion prevails with regard to the widespread practice of preventing persons with insufficient visual acuity and hearing from driving vehicles – this practice is based on the objective limitations of the capabilities of such people and is aimed at ensuring the safety of others. Usually such disputable cases are reflected in the legislation of democratic states, although there has never been any unanimous opinion on such issues among legal experts.
Discrimination in work means different and less favorable treatment of people due to inherent characteristics that are not relevant to their merits or requirements for this work (race, color, religion, gender, etc.).
Difference in treatment and reward, if they are based on a difference in labor productivity, cannot be considered discrimination. Some workers and certain types of employment are more productive than others. This is explained by the level of skills, qualifications, and abilities: the higher it is, the higher the labor return and the labor achievements of workers. A different attitude, based on the degree of personal merit of a person and achievements, such as talent, knowledge, skills, is not discrimination.
The modern labor economy allocates the following types of labor discrimination:
Considering the definition, types, causes of discrimination, as well as legislation affecting this problem, we came to the conclusion that, despite the guarantees enshrined in the laws of many countries, the problem is very acute and virtually has no solution.
Normative legal acts prohibiting discrimination and affirming the principles of equality are necessary, but insufficient conditions. Discrimination will not disappear, even if it is prohibited by law. It is also necessary to have effective enforcement mechanisms, positive action, impartial education system, vocational training, and subsequent employment services. Such a combination of policies and instruments for its implementation is a necessary prerequisite for the organization of combating discrimination in any form.
Elimination of discrimination is the most important prerequisite for people to be able to choose their professional path, develop their talents and abilities and receive rewards in accordance with their merits and achievements. Discrimination leads to inequality in the labor market and unfair advantages. The fair and honest nature of the employment relationship contributes to strengthening the employee’s self-esteem, morality, and motivation.