IV. >> Illustrating the Framework - Indicators for Some Rights >> Selecting the indicators In selecting the attributes and indicators on this right, consideration has to be given to the form and manifestation of discrimination, the circumstances under which discrimination occurs, the consequences for the individual, and the availability and access to redress and compliance mechanisms. A starting point is the definition of discrimination. In general, the term “discrimination”, as used in various international human rights instruments, is understood to imply any distinction, exclusion, restriction or preference or other differential Box 24 treatment that is directly or indirectly7 based on the prohibited grounds of discrimination and which has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all civil, cultural, economic, political and social human rights.8 In identifying attributes and selecting indicators on non-discrimination and equality, it is therefore essential to adequately capture the elements highlighted in this definition. Measuring discrimination in access to work In 2006, a discrimination survey on access to employment on grounds of foreign origin was carried out in several French cities under ILO guidance. The survey measured the discriminatory treatment by employers of two applications submitted for low-/medium-skilled job vacancies in several economic sectors. The profiles of the two applicants were rigorously equivalent (i.e., same educational background and working experience, both born in France and French citizens, etc.), except for one criterion: their North African, sub-Saharan or “metropolitan French” origin, as revealed by their first and family names. The surveys tested each of the three principal ways in which applicants make contact with employers: by telephone, by posting or e-mailing a CV, or by going to the place of work in person and leaving their CV. In all, 2,400 tests were undertaken. The employers selected the “metropolitan French” applicant nearly four times out of five. Source: E. Cediey and F. Foroni, “Discrimination in access to employment on grounds of foreign origin in France: A national survey of discrimination based on the testing methodology of the International Labour Office” (Geneva, International Labour Office, 2008). Available from www.ilo.org/public/english/protection/migrant/download/imp/imp85e.pdf (accessed 30 May 2012). 7.  Direct discrimination occurs where one person is treated less favourably than another for a reason related to one of the prohibited grounds and with no reasonable and objective justification (e.g., an individual with equal or superior qualifications was not interviewed because of her/his ethnic origins). Indirect discrimination occurs when a priori neutral laws, procedures, policies or programmes treat certain population groups less favourably with no reasonable justification (e.g., a minimum height criterion for joining the police force that excludes more individuals from one population group than from another). 8. See, for instance, article 1 in the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women, and general comments No. 18 (1989) of the Human Rights Committee and No. 20 (2009) of the Committee on Economic, Social and Cultural Rights. Human Rights Indicators 83

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