CONSIDERATIONS ON THE SCOPE OF NOTION OF DISCRIMINATION IN EUROPEAN AND DOMESTIC LEGISLATION
CONSIDERATIONS ON THE SCOPE OF NOTION OF DISCRIMINATION IN EUROPEAN AND DOMESTIC LEGISLATION

Summary/Abstract: For the lawyers is important, while examining a case to ascertain over the legal elements which shape the notion of discrimination, either based on domestic law, or on international law instruments enshrining the principle of equality and precluding the discrimination on different grounds, depending on the legal instrument referred to.The issue of discrimination was deemed as a matter of great importance for the effective protection of the human rights, since it has been noticed that only their formal recognition was not enough insurance in order to be enjoyed in the spirit and the letter of the international covenants and pacts. So, it was a compelling need to go beyond their mere recognition and to dismiss any hindrance in their application, one of the most important being the discrimination on certain grounds for some persons or groups of persons. For them would have been denied the right to access education, work, social services, health or any other aspects which would impede on the life of individuals or groups of persons. Thus, the principle of non-discrimination is complementary to the principle of equality both being a guarantee for the enjoyment of the human rights or any rights as prescribed by the international or domestic law.

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