PROTECTION AGAINST DISCRIMINATION ON THE BASIS OF SEX AND GENDER

Abstract

One of the most common definitions of the "ground for discrimination" of the European Court of Human Rights (ECHR) is that it is a "personal characteristic - a status according to which persons or groups of persons differ from each other". There are other definitions of discrimination, that is, that the basis of discrimination is a characteristic of an individual that should not be considered relevant in relation to different treatment or in the enjoyment of certain benefits. We would use the definition that: A ground for discrimination is a protective feature on which impermissible differential treatment should not be based, which may be a personal characteristic or status, or alternatively, a presumed or related personal characteristic or status through which a person or a group of people identify(s) with a certain race, skin color, ethnicity, language, citizenship, sex, gender, sexual orientation, religion, belief, education, mental and physical disability, age, marital or marital status, health status etc.