What is racial discrimination?

Under the Convention on the elimination of all forms of racial discrimination, the term “racial discrimination” is defined as:

“any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”

This definition of racial discrimination has been enacted into Australian Law through the commonwealth legislation known as the RACIAL DISCRIMINATION ACT 1975 (Cth). This law make racial discrimination in illegal in a very broad sense. It is one of the rare cases where Australia has signed an international agreement and then implemented that agreement into domestic law through the adoption of domestic legislation which mirrors the terms of the treaty so precisely.

It is however, comforting that the scope of the racial discrimination legislation is so broad, as this means that the legal protection for people affected by racial discrimination is very great and the penalties and consequences for those that are discriminatory towards others on the basis of their race are serious which means that those who are at risk of perpetuating such discrimination are much more careful to ensure that it does not occur. If you think that you may have suffered from discriminatory behavior at work, you should certainly seek legal advice on the matter as you may be forgoing some of the significant rights which the law in Australia for the victims of racial discrimination and a lawyer will be able to advise you on if you have rights in relation to the situation and how to enforce your rights. We have employment lawyers available on-line now to assist you with your enquiry about racial discrimination now.