Access to Justice for Children

You are viewing this website in English. However, if you wish to view it in a different language please select one from the drop-down menu

Equality and Non-Discrimination

‘Discrimination’ is a term that may be used to mean ‘discernment’. However, in legal contexts, it is generally used to refer to behaviour, systems or structures that unfairly disadvantage a person because they possess a particular personal characteristic. Discrimination may be based on a wide range of different characteristics including age (young or old) and disability. Legal prohibitions of discrimination constitute an important tool in the efforts of governments to achieve more equal societies in which all people are able to participate and contribute.

Discrimination often takes the form of treating people differently, ie less well, because of a personal characteristic – eg a school’s policy of refusing to admit pupils who have a diagnosed mental health condition. However, in most countries which prohibit discrimination, there will be many situations in which less favourable treatment based on a particular characteristic is not treated as unlawful discrimination. For example, the fact that children under a specified age are not permitted to vote is a form of different, and arguably less favourable, treatment of children, but it would not generally be regarded as an unfair policy or prohibited as unlawful discrimination.

Discrimination may also take the form of a failure to treat a person differently because of a personal characteristic they possess. For example, failing to adapt the format of an entry exam for a blind person so that they were able to read the questions would discriminate against them.