Примеры использования Do not constitute discrimination на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
It is for the respondent to prove that the facts do not constitute discrimination.
Special measures do not constitute discrimination and therefore should not be considered such.
The legislation defines situations where differences in treatment do not constitute discrimination.
These restrictions do not constitute discrimination but are aimed at protecting the health of women and future generations.
Article 5 of the State Guarantees of Women's Equality Act specifies that the following do not constitute discrimination against women.
The following do not constitute discrimination against women: protection of the functions of motherhood; the performance exclusively by men of universal military service in the conditions laid down by the legislation of Turkmenistan; and prohibition of the use of women to carry out forms of work listed in the legislation of Turkmenistan.
The Committee recalls that differences in treatment do not constitute discrimination, when they are based on objective and reasonable criteria.
On the other hand,the Equality Act confirms that appropriate steps taken to promote de facto equality do not constitute discrimination art. 3, para.
With regard to employment, a specific area of exceptions is envisaged, while underlining that differences of treatment connected with race orethnic origin do not constitute discrimination if the characteristics in question are a genuine and determining occupational requirement, as long as parameters of proportionality and reasonableness are respected; these are naturally left to the evaluation of the courts.
However, article 3, paragraph 4(a)of the Gender Equality Act clarifies that appropriate measures for the realization of actual equality do not constitute discrimination.
It can be argued, for example, that distinctions in inheritance, family responsibilities, custody of children or women's access to positions of political orreligious responsibility do not constitute discrimination since they are part of a coherent system founded on the respective roles and duties of men and women in society and within the family and would therefore be justifiable, especially as they may be based on religious precepts.
An exception is made for arduous and harmful work, where female labour is prohibited on health protection grounds. These considerations,in accordance with labour legislation, do not constitute discrimination.
By employing the phrase"shall not be deemed racial discrimination", article 1, paragraph 4,of the Convention makes it clear that special measures taken by States parties under the terms of the Convention do not constitute discrimination, a clarification reinforced by the travaux préparatoires of the Convention which record the drafting change from"should not be deemed racial discrimination" to"shall not be deemed racial discrimination. .
Finally, the Act regulates the legal claims and available actions, andit stipulates that appropriate positive measures to achieve factual equality do not constitute discrimination.
The Code furthermore provides a legal definition of the term"indirect discrimination"(§ 1, Item 7 of the Supplementary Provisions) and specifies that differences orprerequisites based on qualification requirements for performance of particular work do not constitute discrimination, and provides for special protection of certain factory and office workers(underage, pregnant and mothers of young children, people with disabilities, occupational rehabilitees, others), established by statutory instruments.
This aspect is allowed for in the Equality Act, which provides in its article 3, paragraph 3,that appropriate measures aimed at the de facto promotion of gender equality do not constitute discrimination.
The Committee recalls that equality in enjoyment of rights and freedoms does not mean identical treatment in every instance andthat differences in treatment do not constitute discrimination, when they are based on objective and reasonable criteria.
Recalling its general recommendation No. 25 on temporary special measures, the Committee notes that such measures adopted andimplemented by States parties under the Convention do not constitute discrimination.
According to MacKean, this formulation neatly summarizes the thesis that true equality sought by international instruments does not necessarily require identical treatment of all, butthat special ameliorative measures are perfectly consistent with equality and do not constitute discrimination so long as they are not continued after the need has disappeared.
In the sphere of working life, on the other hand, article 3,paragraph 3 of the Equality Act expressly provides that"appropriate steps" aimed at promoting equality in fact between men and women do not constitute discrimination.
This section also provides that measures taken to assist persons orgroups of persons disadvantaged because of discrimination that is unlawful by virtue of Part II of the Human Rights Act 1993 do not constitute discrimination.
It specifically stipulates that establishing differences, exceptions, preferences, and limitations on the rights of workers, which are defined byrequirements that are characteristic of their type of work and that have been established by federal law, do not constitute discrimination.
Under article 16(2) of the Labour Code, advantages, privileges and additional guarantees established, as part of labour relations, for women, disabled persons, persons under 18 andother persons in need of social protection do not constitute discrimination.
This section also provides that measures taken to assist persons or groups of persons disadvantaged because of colour, race, ethnic or national origins, sex, marital status, or religious orethical belief do not constitute discrimination.
Under article 24 of the draft law, the plaintiff must prove the facts which involving the alleged discrimination and having caused material or moral prejudice,while the burden of proof that the facts do not constitute discrimination lies with the respondent party.
Under the provision of article 25, paragraph 2 of the Law, restrictions pertaining to incumbents of certain public offices and restrictions necessary to prevent the promotion and performance of fascist, Nazi and racist activities,prescribed by law, do not constitute discrimination.
Distinctions in employment arising from the specific requirements of a given post or special treatment given by the State to persons requiring a greater measure of social and legal protection(such as women, minors and persons with disabilities)established by the law of Turkmenistan do not constitute discrimination.
Article 5 also provides that the following does not constitute discrimination against women.
The State party concludes that the transitional regime does not constitute discrimination against the author.
It was underlined that protection of certain groups did not constitute discrimination, provided that such measures were not maintained after the achievement of the aims for which they had been taken.