Migration and the right to adequate housing 2010, para. 21

Paragraph
Paragraph text
Discrimination is any differential treatment that is based on prohibited grounds of discrimination and that creates or maintains inequalities and disadvantages suffered by certain groups in society with respect to the enjoyment of human rights (see E/C.12/GC/20, para. 7). Direct discrimination exists when legislation or policies are adopted with a view to overtly privileging some groups in society to the detriment of others. However, when looking at discrimination, States should also look at indirect discrimination, which concerns measures that, without explicitly discriminating on certain grounds, might have a disproportionate impact on the exercise of human rights by a particular group (ibid., para. 10). Such apparently neutral measures, which de facto favour dominant cultures, are illegitimate and must be outlawed by States in order to ensure the full realization of the equality and non discrimination principle (ibid., para. 12).
Legal status
Non-negotiated soft law
Body
Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • N.A.
Year
2010
Paragraph type
Other
Reference
SR Housing, Report to the UNGA (2010), A/65/261, para. 21.
Paragraph number
21