Con and Ad
Lecture 27
Non-discrimination, diversity and the
law
1
, Diversity
• A recognition that people within a single polity have differing
characteristics
• Non-changeable characteristics, i.e. sex, gender, race, ethnicity,
age, (dis)ability
• Changeable characteristics, i.e. religion, sexual orientation,.
culture
• Note that this simple distinction is not free from controversy, for
example
• one can change one’s gender (gender reassignment surgery);
• sexual orientation is not purely a matter of choice;
• religion as ‘choice’ is discounted by people who identify themselves as
‘chosen’
• Culture shapes the framework of our thinking
2
, The importance of
respecting diversity
• ECHR Article 14
• The enjoyment of the rights and freedoms set forth in this
Convention shall be secured without discrimination on
any ground such as sex, race, colour, language, religion,
political or other opinion, national or social origin,
association with a national minority, property, birth or
other status
• Pluralism as a central feature of a democratic society
• Respecting and accommodating value pluralism is
necessary both within a democratic society and as a
mainstay of human rights generally - Kokkinakis v Greece, Application
No 14307/88, Judgment of 25 May 1993 [31].
3
Lecture 27
Non-discrimination, diversity and the
law
1
, Diversity
• A recognition that people within a single polity have differing
characteristics
• Non-changeable characteristics, i.e. sex, gender, race, ethnicity,
age, (dis)ability
• Changeable characteristics, i.e. religion, sexual orientation,.
culture
• Note that this simple distinction is not free from controversy, for
example
• one can change one’s gender (gender reassignment surgery);
• sexual orientation is not purely a matter of choice;
• religion as ‘choice’ is discounted by people who identify themselves as
‘chosen’
• Culture shapes the framework of our thinking
2
, The importance of
respecting diversity
• ECHR Article 14
• The enjoyment of the rights and freedoms set forth in this
Convention shall be secured without discrimination on
any ground such as sex, race, colour, language, religion,
political or other opinion, national or social origin,
association with a national minority, property, birth or
other status
• Pluralism as a central feature of a democratic society
• Respecting and accommodating value pluralism is
necessary both within a democratic society and as a
mainstay of human rights generally - Kokkinakis v Greece, Application
No 14307/88, Judgment of 25 May 1993 [31].
3
