Anti-discrimination law
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
Anti-discrimination laws are rooted in principles of equality, specifically, that individuals should not be treated differently due to the characteristics outlined above. At the same time, they have often been criticised as violations of the inherent right of free association. Anti-discrimination laws are designed to protect against both individual discrimination and from structural discrimination. Courts may take into account both discriminatory intent, disparate treatment and disparate impact in determining whether a particular action or policy constitutes discrimination.
International
Equality and freedom from discrimination are outlines as basic human rights by the Universal Declaration of Human Rights. While the UDHR is not binding, nations make a commitment to uphold those rights through the ratification of international human rights treaties. Specific treaties relevant to anti-discrimination law include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination. In addition, the United Nations Sustainable Development Goal 10 and Goal 16 also advocates for international efforts towards eliminating discriminatory laws.History of anti-discrimination legislation
Australia
The Racial Discrimination Act 1975 was the first major anti-discrimination legislation passed in Australia, aimed at prohibiting discrimination based on race, ethnicity, or national origin. Jurisdictions within Australia moved shortly after to prohibit discrimination on the basis of sex, through acts including the Equal Opportunity Act 1977 and the Anti-Discrimination Act 1977. The Australian parliament expanded these protections with the Sex Discrimination Act 1984 to cover all Australians and provide protections based on sex, relationship status, and pregnancy. Additionally, the SDA has been expanded to include gender identity and intersex status as protected groups. Discrimination based on disability status is also prohibited by the Disability Discrimination Act 1992.Belgium
The first Belgian anti-discrimination law of 25 February 2003 was annulled by the Belgian Constitutional Court. The Court ruled that the law was discriminative since its scope did not include discrimination on the basis of a political opinion or language and thus violated the articles 10-11 of the Belgian Constitution, instituting the principle of equality before law.A new law came into force on the 9th of June 2007. This law prohibits any use of direct or indirect discrimination on the basis of age, sexual preference, marital status, birth, wealth, religion or belief, political or syndical opinion, language, current or future state of health, disability, physical or genetical property or social origin.
Philippines
The Philippines has a long history of establishing laws to protect individuals from discrimination and ensure equality before the law. The Labor Code of the Philippines enforces equality in the workplace, prohibiting discrimination based on sex, race, or creed. Gender-based wage discrimination is also prohibited, ensuring men and women receive equal pay for work of equal value. The 1987 Philippine Constitution provides the foundational framework, guaranteeing that all persons shall have the right to equal protection of the laws. Subsequent legislation has addressed discrimination on the basis of gender, age, disability, mental health, social status, and sexual orientation.One of the earliest comprehensive anti-discrimination laws was the Magna Carta for Persons with Disability, enacted in 1992. This law safeguards persons with disabilities from unfair treatment, particularly in employment, education, transportation, health, and access to public services. It mandates the removal of barriers and the provision of equal opportunities for full participation in society. The Anti-Sexual Harassment Act of 1995 considers it discriminatory when a sexual favor is required as a condition for hiring, continued employment, promotion, or receiving benefits. Employees who refuse such demands cannot be unfairly treated, deprived of opportunities, or subjected to adverse employment actions. In 2000, the Solo Parents' Welfare Act was enacted in 2000. It safeguards solo parents from employment discrimination.
The Magna Carta of Women, enacted in 2009, explicitly prohibits discrimination against women in all forms. It provides women with equal access to education, employment, political participation, healthcare, and social services. In 2016, the Anti-Age Discrimination in Employment Act was enacted to protect workers from workplace prejudice based on age. It prohibits employers from imposing age-based hiring restrictions or terminating employees solely due to age. The Mental Health Act, enacted in 2018, protects individuals with mental health conditions from stigma and discrimination. It guarantees access to mental health services and encourages the full social and occupational participation of affected persons. The Safe Spaces Act, enacted in 2019, protects individuals from gender-based harassment in workplaces, educational institutions, public spaces, and online. It prohibits discrimination, harassment, and offensive remarks based on sex, gender, sexual orientation, or gender identity, including sexist and homophobic remarks. Based on the Implementing Rules and Regulations of Republic Act 11313, sexist remarks or slurs are statements that reflect prejudice, stereotyping, or discrimination based on sex, typically targeting women.
The SOGIESC Equality Act, also known as SOGIE Equality Bill, is a pending legislation designed to explicitly prohibit discrimination against LGBTQIA+ persons. The proposed law aims to prevent marginalization, harassment, and unequal treatment in employment, education, health services, and public accommodations. Its passage would strengthen legal protections for sexual and gender minorities, aligning national law with the constitutional guarantee of equality. The first version of SOGIE Equality Bill was filed in 2000, introduced by Miriam Defensor‑Santiago and Etta Rosales during the 11th Philippine Congress. As of 2025, the SOGIE Equality Bill remains unpassed, with the last recorded major procedural move on March 19, 2024, when the House committees on Women and Gender Equality and Appropriations submitted Committee Report No. 1035 recommending the bill as a substitute for multiple House bills.
European Union
The European Union has passed several major anti-discrimination directives, the Racial Equality Directive and the Employment Equality Directive, and the Equal Treatment Directive. These directives set standards for all member countries of the European Union to meet; however each member state is responsible for creating specific legislation to achieve those goals. The Court of Justice of the European Union interprets the European Union anti-discrimination law as substantive equality with equality of outcome for subgroups.All EU member states are also member states to the European Convention on Human Rights. Thus, article 14 of the Convention applies, which concerns a prohibition on discrimination on the ground of sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
United Kingdom
Laws forbidding discrimination in housing, public facilities and employment were first introduced in the 1960s covering race and ethnicity under the Race Relations Act 1965 and the Race Relations Act 1968.In the 1970s, anti-discrimination law was significantly expanded. The Equal Pay Act 1970 allowed women to bring action against their employer if they could show that they were being paid less compared to a male colleague for equal work or work of the same value. The Sex Discrimination Act 1975 forbade both direct and indirect discrimination on the basis of sex, and the Race Relations Act 1976 expanded the scope of anti-discrimination law on the basis of race and ethnicity.
In the 1990s, protections against discrimination on the basis of disability was added primarily through the Disability Discrimination Act 1995.
In the 2000s, the scope of employment anti-discrimination laws were expanded to cover sexual orientation, age, and religion/belief.
In 2010, existing anti-discrimination law was combined into a single Act of Parliament, the Equality Act 2010. The Equality Act contains provisions forbidding direct, indirect, perceptive and associative discrimination on the basis of sex, race, ethnicity, religion and belief, age, disability, sexual orientation and gender reassignment. Employment law also protects employees from worse treatment based on being part-time workers, agency workers or being on fixed-term contracts.