The term discrimination is not any more than the act of separating or distinguishing a thing from other one; nevertheless, juridically speaking, he attends to a treatment of inferiority to a person or group of persons for motives of Gender.
This concept is the basic foundation of what means the beginning of equality. We all must be treated equally, independently of our differences. It is as well as the unequal treatment between persons constitutes what is known commonly as discrimination, Now then, the discrimination that one could give against the different human beings can be formal or informal, that is to say, prohibited or allowed. For the case, every day, of one or other one it forms, the human beings we discriminate against others in our daily activities. For example, we contract a person with more achievements academic or professional that different, we dismiss bank credits of those aplicantes that do not have sufficient goods with what to endorse the lending, we agree in the schools or universities deprived to the most excellent, reprove the pupils who do not demonstrate knowledge of the class, etc. Nevertheless, none of these activities is prohibited or incorrect because it forms a part of the natural development of the social relations and they do not constitute a formal or negative discrimination. What yes enters the sphere of the prohibited to the moment to discriminate is all that that we do to the detriment of other one, but in relation to his characteristics as person, as being a human being, who carries detriment, humiliation, demerit or offense in his prejudice. For example, if we contract a person only for his physical appearance and exclude the others for obese, we dismiss bank credits because the aplicante is of dark skin, agree in the schools or universities deprived only to persons of Honduran origin, prohibiting the matriculation foreigners, reprove the pupils for being atheists, etc.
Not always one gives the discrimination against groups of persons. Also it is possible to hit against an alone individual, but considering it to be always a part of a group of persons who have human characteristics that give place to the rejection, for example his age, his color of skin, the place where they were born, etc. Now then, if I reject my companion of work because they gave to him an ascent that I was deserving, it is not a formal discrimination because his ascent is a characteristic inherent in he as being a human being, not also I nor reject it for forming a part of a group of persons that I despise. The negative discrimination, that is to say, the one that is prohibited, must expire with the following budgets:
- That exists a rejection, contemptuously, expressly or tacitly, for action or omission, of the State or of any person against other one or others.
- That the rejection goes against a characteristic natural or acquired of the human being (age, sex, race, religion, opinion, culture, language, physical appearance, etc.)
- That the victim forms a part of a vulnerable group of discriminated persons or “discriminables”, that is to say, that have natural and / or acquired characteristics that give place to the rejection in certain historical, particular circumstances of a company.
- That does not exist a legal justification to discriminate against this person or group of persons.
Types of discrimination
There are several types of discrimination, depending if it is analyzed from the point of view of whom (author) discriminates or of the form in which it is discriminated.
We can speak about discrimination committed by natural persons or by legal persons, by agents of the State or for individuals, or for public or private institutions. This way also, depending on the form in which the discrimination is committed, it can be formal or informal, normative or behavioral, intentional or not intentional, for action or omission, positive or negative.For the analysis of the present test, is important to clarify the difference between the normative and behavioral discrimination, since other they tend to explain for yes alone.
- The normative discrimination is that one that is reflected in any law, regulation, ordinance, norm, politics or pre-established procedure already is for the State or for private institutions.
- The behavioral discrimination is that one that is reflected in the hostile, contemptuous behavior and prejuiciado of the persons against specific groups. For example, the demerit of the machists to the capacities of the women as human beings, the physical or verbal violation of the homophobes to the homosexuals and / or transgénero, or the social rejection and imposition of offensive epithets to those who do not practise any religion.
- The not intentional discrimination is given when a discriminatory act is committed, but not thinking or ignoring the discriminatory consequences that it will have. In spite of his not intentional character, this type of discrimination also is understood prohibited according to the international agreements of protection of human rights.
Also it is important to clarify that the intentional discrimination, as his word it indicates it, is that one that is committed by the intention of creating the discriminatory result, with offenses, aggression, demerit or rejection. For example, when a group of young women infer physical aggressions against a homosexual for untolerating his sexual preference.
Like has said previously, the discrimination in the labor area is one of the most dangerous while there exists a hierarchic relation that employee puts in disadvantage to the employee or potential, opposite to the discriminatory practices of the employer.
There exists a general very important rule that every employer must follow: In no moment of the contracting, labor relation and dismissal they can use criteria based on the characteristics naturales4 of the human being relating to age, origin, race, color of skin, sex, capacity or mental health and motorboat, sexual preference, identity of kind, physical appearance, etc. Any labor decision must be based on professional and / or academic criteria exclusively.