Legal Categories of Discrimination and Their Distinctive Characteristics
Author : Tinatin Tsinaridze 31/07/2024
Equality before the law is fundamental for a legal and democratic state. Taking into account human rights standards, it is necessary to have equal access and prohibition of all forms of discrimination. In 2014, within the framework of the association agreement, several amendments to the anti-discrimination legislation were developed in Georgia. The comparative legal analysis discussed in the article is based on the 2022-2024 EU assessment of the compliance of the local legislation of the countries with the EU anti-discrimination law. The article shows the analysis of the European Court of Human Rights practice and recommendations of the Council of Europe. The article analyses, the types of discrimination, forms and legal aspects of their detection in a detailed analysis of European law and local legislation of other countries, with sharing best practices. Based on the research, a new category of discrimination was identified - algorithmic discrimination, due to the development of modern technologies and the increasing importance of artificial intelligence. The article reviews the main distinguishing factors between harassment and discrimination. As part of the research, we assessed legal acts, norms and doctrines using the normative method. The article illustrates the categories of discrimination through the use of a statistical approach, a comparative-legal method, and a systematic-structural method, all of which are essential for the systematic discussion of the topic. Logic, analysis, and synthesis were used to get the conclusions. The article presents the practical recommendations. It is recommended that in addition to persons with disabilities, the principle of reasonable approach should be referred to other vulnerable groups, including religious and ethnic minorities. The minimum standards of reasonable approach must be regulated by the legislation. The best interests of the child should be considered while granting the statutes to children with disabilities. High Standards should be followed while protecting the rights of women with disabilities, and existing protections should be strengthened. Article DOI:https://doi.org/10.55367/VGMA6199