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
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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
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