Non-discrimination

“ Having divided existence, then, into two distinct kinds, the next question is—to what account do we propose turning the discrimination? If it is of no practical use in removing difficulties and in throwing light upon the obscurer phenomena of man, it is worthless, and must be discarded as a barren and mere hair-splitting refinement. ”

“ To me, it seems eminently a practical principle, Annette. We must act, in all important matters in life, with a just discrimination; and how can we truly discriminate, if we are not versed in those principles upon which, and only upon which, right discriminations can be made? ”

“ We reaffirm the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity; We are deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity ”

“ The right of strict social discrimination of all things and persons, according to their merits, native or acquired, is one of the most precious republican privileges. I take the liberty to exercise it, when I say, that, other things being equal, in most relations of life I prefer a man of family. ”

“ I would like to endorse, and I believe, strengthen this argument by referring to reasons of principle and strategy why, when developing equality jurisprudence, the Court should continue to maintain its focus on the defined anti-discrimination principles of sections 9 (3) , (4) and (5) , which contain respect for human dignity at their core. ”

“ In some States, an action by the State is a bar to an action by the party and vice versa. One who aids or abets in a discrimination against a person on account of race, color, or previous condition of servitude is punished to the same extent as the one actually committing the act. ”

“ Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. ”

“ Through legislation and administrative action, through moral and legal commitment this Government has launched a determined effort to rid our Nation of discrimination which has existed far too long—in education, in housing, in transportation, in employment, in the civil service, in recreation, and in places of public accommodation. ”

“ The manner in which discrimination is experienced on grounds of race or sex or religion or disability varies considerably—there is difference in difference. The commonality that unites them all is the injury to dignity imposed upon people as a consequence of their belonging to certain groups. Dignity in the context of equality has to be understood in this light. The focus on dignity results in emphasis being placed simultaneously on context, impact and the point of view of the affected persons. ”

“ Although significant progress has been made in restructuring and transforming our society and its institutions, systemic inequalities and unfair discrimination remain deeply embedded in social structures, practices and attitudes, undermining the aspirations of our constitutional democracy;
The basis for progressively redressing these conditions lies in the Constitution which, amongst others, upholds the values of human dignity, equality, freedom and social justice in a united, non-racial and non-sexist society where all may flourish ”

“ But there are some today who, in the name of equality, would have us practice discrimination. They have turned our civil rights laws on their head, claiming they mean exactly the opposite of what they say. These people tell us that the Government should enforce discrimination in favor of some groups through hiring quotas, under which people get or lose particular jobs or promotions solely because of their race or sex. Some bluntly assert that our civil rights laws only apply to special groups and were never intended to protect every American. ”

“ All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof. ”

“ It simply declares in effect that since the nation has established universal freedom in this country for all time, there shall be no discrimination, based merely upon race or color, in respect of the legal rights in the accommodations and advantages of public conveyances, inns, and places of public amusement. ”

“ Such classifications bear a far heavier burden of justification. 'When the law lays an unequal hand on those who have committed intrinsically the same quality of offense and sterilizes one and not the other, it has made as an invidious a discrimination as if it had selected a particular race or nationality for oppressive treatment. ”

“ It is nevertheless equally important to point out, that such views, however honestly and sincerely held, cannot influence what the Constitution dictates in regard to discrimination on the grounds of sexual orientation. [39] ⁠There is nothing in the jurisprudence of other open and democratic societies based on human dignity, equality and freedom which would lead me to a different conclusion. ”

“ Once its members have fully recognized the claim of its Author, and, by identifying themselves with its Administrative Order, accepted unreservedly the principles and laws embodied in its teachings, every differentiation of class, creed, or color must automatically be obliterated, and never be allowed, under any pretext, and however great the pressure of events or of public opinion, to reassert itself. If any discrimination is at all to be tolerated, it should be a discrimination not against, but rather in favor of the minority, be it racial or otherwise. ”

“ When to the selfishness of the beneficiaries of unjust discrimination under our laws there shall be added the discontent of those who suffer from such discrimination, we will realize the fact that the beneficent purposes of our Government, dependent upon the patriotism and contentment of our people, are endangered. ”

“ A natural distinction exists between those races which was not created, neither can it be abrogated, by law, and legislation which recognizes this distinction and provides for the peculiar wants or conditions of the particular race can in no just sense be called a discrimination against such race or an abridgment of its civil rights. ”

“ Without distinction of color, and there shall be no discrimination in civil rights, or immunities among citizens of the United States in any State or Territory of the United States on account of race, color, or previous condition of slavery. ”

“ Are the characteristics of the class such as to provide a rational justification for the difference in treatment?
Such a rational basis is completely lacking where, as here, the discrimination stems directly from racial hatred and nitolerance. The Constitution of the United States, as I read it, embodies the highest political ideals of which man is capable. It insists that our government, whether state or federal, shall respect and observe the dignity of each individual, whatever may be the name of his race, the color of his skin or the nature of his beliefs. ”

“ Discrimination can occur on the basis of the sex, sexual orientation, gender identity, pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes. Each of these factors alone can serve as the basis for discrimination, and each is a form of sex discrimination. (2) A single instance of discrimination may have more than one basis. ”

“ Hence, every discrimination against women in the constitutions and laws of the several states is today null and void, precisely as is every one against Negroes." ”

“ We need, therefore, to develop a concept of unfair discrimination which recognises that although a society which affords each human being equal treatment on the basis of equal worth and freedom is our goal, we cannot achieve that goal by insisting upon identical treatment in all circumstances before that goal is achieved. Each case, therefore, will require a careful and thorough understanding of the impact of the discriminatory action upon the particular people concerned to determine whether its overall impact is one which furthers the constitutional goal of equality or not. ”

“ In my view, the equalizing theory can be enforced only by ignoring the habitual discrimination of men and women, as forming separate classes, and regarding all alike as simply persons, — as human beings. ”

“ Every person has the right to enjoy his or her human rights without discrimination.
(3) Every person is equal before the law and is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination. ”

“ The power to legislate implies the power to discriminate; and the best way consequently for a good democracy of equal rights to avoid the danger of discrimination will be to organize the state so that its power for ill will be rigidly restricted. ”

“ Nobody shall suffer discrimination, particularly on grounds of origin, race, sex, age, language, social position, lifestyle, religious, philosophical or political convictions, or because of a corporal or mental disability. Men and women have equal rights. ”

“ The nature of the unfairness contemplated by the provisions of section 8 was considered in paragraphs 41 and 43 of the majority judgment in the Hugo case.
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In paragraph 41 dignity was referred to as an underlying consideration in the determination of unfairness. The prohibition of unfair discrimination in the Constitution provides a bulwark against invasions which impair human dignity or which affect people adversely in a comparably serious manner. ”

“ Today it is the colored race which is denied, by corporations and individuals wielding public authority, rights fundamental in their freedom and citizenship. At some future time, it may be that some other race will fall under the ban of race discrimination. ”

“ In the application of this Act the following should be recognised and taken into account:
(a)
The existence of systemic discrimination and inequalities, particularly in respect of race. gender and disability in all spheres of life as a result of past and present unfair discrimination, brought about by colonialism, the apartheid system and patriarchy: and (b)
the need to take measures at all levels to eliminate such discrimination and inequalities. Application of Act
5. ”

“ None of these factors applies to other groups traditionally subject to discrimination, such as people of colour or women, each of whom, of course, have had to suffer their own specific forms of oppression. In my view, the learned author is quite correct when he concludes that precisely because neither power nor specific resource allocation are at issue, sexual orientation becomes a moral focus in our constitutional order. For this same reason, the question of dignity is in this context central to the question of equality. ”

“ To repeal all national penal provisions which constitute discrimination against women.
Article 3
States Parties shall take in all fields, in particular in political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. ”

“ Regulations and introduction of special measures aimed at creating the conditions for the exercise of national, gender and overall equality and protection of persons who are in an unequal position on any grounds shall not be considered discrimination. ”

“ Section 8 was adopted then in the recognition that discrimination against people who are members of disfavoured groups can lead to patterns of group disadvantage and harm. Such discrimination is unfair: it builds and entrenches inequality amongst different groups in our society. The drafters realised that it was necessary both to proscribe such forms of discrimination and to permit positive steps to redress the effects of such discrimination. ”

“ The Negro cannot stand the present reactionary tendencies and unreasoning drawing of the color-line indefinitely without discouragement and retrogression. And the condition of the Negro is ever the excuse for further discrimination. ”

“ Provide effective protection for people of African descent, and review and repeal all laws that have a discriminatory effect on people of African descent facing multiple, aggravated or intersecting forms of discrimination ”

“ To hold otherwise would be to convert a remedy heretofore reserved for violations of legal rights into a privilege that all institutions throughout the Nation could grant at their pleasure to whatever groups are perceived as victims of societal discrimination. ”