The Theory of Indirect Discrimination: Application to the Lived Realities of Lesbian, Gay, Bisexual, Trans, and Other Gender Diverse (LGBT) Persons

The Universal Declaration on Human Rights establishes that everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or othe...

Full description

Saved in:
Bibliographic Details
Published in:Harvard human rights journal 2021-07, Vol.34 (2), p.295
Main Author: Madrigal-Borloz, Victor
Format: Article
Language:English
Subjects:
Bisexuality
Discrimination
Human rights
LGBTQ people
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The Universal Declaration on Human Rights establishes that everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."1 A significant proportion of international human rights doctrine is built upon this principle. This includes the concept of indirect discrimination, which describes situations in which a seemingly neutral norm, criterion, or practice nonetheless triggers a disadvantage that is deemed unacceptable under international human rights provisions because of its connection with a protected category. Three elements lie at the core of the concept: detriment of impact, connection with the protected category, and neutrality of intent. Insofar as it provides a procedural route for states to achieve knowledge on detrimental impacts on their citizens' enjoyment of human rights, indirect discrimination is a fundamental tool for identifying and articulating state responsibilities of non-repetition.
ISSN:1057-5057
1943-5088