THE RIGHT OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION

Abstract

The term discrimination has Latin roots and its original
meaning was “making distinction”. But through the times, this word
was not used as neutral word anymore and today when the term
discrimination is used it is understood as “non-permitted distinction”.
Despite of the fact that almost all constitutions and many
international documents contain provisions, which forbid
discrimination, there is no universally accepted definition of this term.
The 1965 International Convention of Elimination of All
Forms of Racial Discrimination in Art. 1 defines the term
discrimination as any distinction, exclusion, restriction or preference
based on some enumerated non-permitted bases which has the purpose
or effect of nullifying or impairing the recognition, enjoyment or
exercise, on an equal footing, of human rights and fundamental
freedoms in the political, economic, social, cultural or any other field
of public life. This definition has often been the subject of discussion
in jurisprudence.